Social Welfare Act , 1979

1 Definitions.

1.—In this Act—

“the Act of 1933” means the Unemployment Assistance Act, 1933;

“the Act of 1935” means the Widows' and Orphans' Pensions Act, 1935;

“the Act of 1952” means the Social Welfare Act, 1952;

“the Act of 1960” means the Social Welfare (Miscellaneous Provisions) Act, 1960;

“the Act of 1962” means the Social Welfare (Miscellaneous Provisions) Act, 1962;

“the Act of 1964” means the Social Welfare (Miscellaneous Provisions) Act, 1964;

“the Act of 1965” means the Social Welfare (Miscellaneous Provisions) Act, 1965;

“the Act of 1966” means the Social Welfare (Occupational Injuries) Act, 1966;

“the Act of 1970” means the Social Welfare Act, 1970;

“the Act of 1973” means the Social Welfare Act, 1973;

“the Act of 1974” means the Social Welfare (No. 2) Act, 1974;

“the Act of 1975” means the Social Welfare (Supplementary Welfare Allowances) Act, 1975;

“the Act of 1977” means the Social Welfare Act, 1977;

“the Act of 1978” means the Social Welfare Act, 1978.

2 Old age pensions (new rates, extension of means limits).

2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution of the following subsection for subsection (2) (inserted by the Act of 1978):

“(2) (a) A pension shall, in lieu of any other rate, be—

(i) where the weekly means of the claimant or pensioner do not exceed £18—at the rate set out in Table A to this subsection,

(ii) where the weekly means of the claimant or pensioner exceed £18—at the rate at which, in accordance with that Table, the pension would be payable if the weekly means of the claimant or pensioner exceeded £17 but did not exceed £18, less £1.30 for each amount (if any) of £1 by which those weekly means exceed £18, any fraction of £1 in those weekly means being treated for this purpose as £1; provided that if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50 new pence, the pension shall not be payable, and

(iii) where the pensioner has attained the age of 80 years—at the rate of pension payable to him in accordance with subparagraph (i) or (ii) of this paragraph plus £1.20,

and the rate of pension so determined shall be increased, where the pensioner is one of a married couple, by the amount set out in Table B to this subsection—

(A) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of pension under the Acts or any benefit, pension or allowance under the Social Welfare Acts, 1952 to 1979, or

(B) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of pension under the Acts or any benefit, pension or allowance under the Social Welfare Acts, 1952 to 1979.

(b) For the purposes of this subsection, weekly means shall be the yearly means divided by fifty-two.

TABLE A

Means of claimant or pensioner	Weekly Rate
Claimant or pensioner, no qualified child	Claimant or pensioner, one qualified child	Claimant or pensioner, two or more qualified children
(1)	(2)	(3)	(4)
Where the weekly means of the claimant or pensioner—	£	£	£
do not exceed £6	15.80	20.05	24.30	}	Plus, where there are more than two qualified children, £3.20 for each qualified child in excess of two.
exceed £6 but do not exceed £7	14.50	18.75	23.00
exceed £7 but do not exceed £8	13.20	17.45	21.70
exceed £8 but do not exceed £9	11.90	16.15	20.40
exceed £9 but do not exceed £10	10.60	14.85	19.10
exceed £10 but do not exceed £11	9.30	13.55	17.80
exceed £11 but do not exceed £12	8.00	12.25	16.50
exceed £12 but do not exceed £13	670	1095	1520
exceed £13 but do not exceed £14	540	965	1390
exceed £14 but do not exceed £15	410	835	1260
exceed £15 but do not exceed £16	280	705	1130
exceed £16 but do not exceed £17	150	575	1000
exceed £17 but do not exceed £18	no pension	445	870

TABLE B

Means of claimant or pensioner	Weekly rate of increase
Where the weekly means of the claimant or pensioner—	£
do not exceed £6	7.85
exceed £6 but do not exceed £7	720
exceed £7 but do not exceed £8	655
exceed £8 but do not exceed £9	590
exceed £9 but do not exceed £10	525
exceed £10 but do not exceed £11	460
exceed £11 but do not exceed £12	395
exceed £12 but do not exceed £13	330
exceed £13 but do not exceed £14	265
exceed £14 but do not exceed £15	200
exceed £15 but do not exceed £16	135
exceed £16 but do not exceed £17	070
exceed £17	Nil

”

(2) Section 77 (5) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1969) of the Act of 1952 is hereby amended by the substitution of “£8.80” for “seven pounds, sixty new pence” (inserted by the Act of 1978).

(3) Section 77 (6) (inserted by the Act of 1977) of the Act of 1952 is hereby amended by the substitution of “£1.30” for “£1.10” (inserted by the Act of 1978).

(4) Section 8 (1) (a) (inserted by the Act of 1977) of the Old Age Pensions Act, 1924, is hereby amended by the substitution of “£884” for “seven hundred and eighty pounds”.

(5) This section shall come into operation on the 6th day of April, 1979.

3 Unemployment assistance (new rates).

3.—(1) In the Act of 1933, Schedule A to this section is hereby substituted for Schedule A inserted by the Act of 1978.

(2) Schedule B to this section shall apply in the case of a person for whom the yearly value of any advantage accruing to him from the use of land, the rateable valuation of which exceeds £10 but does not exceed £15 and which is personally used or enjoyed by him, is calculated in accordance with section 8 of the Act of 1965 and, accordingly, the rates of unemployment assistance to be taken into account in the case of such a person for the purposes of section 10 (3) (c) (inserted by the Act of 1962) of the Act of 1933 shall be those specified in that Schedule.

(3) Schedule C to this section shall apply in the case of a person for whom the yearly value of any advantage accruing to him from the use of land, the rateable valuation of which exceeds £15 and which is personally used or enjoyed by him, is calculated in accordance with section 8 of the Act of 1965 and, accordingly, the rates of unemployment assistance to be taken into account in the case of such a person for the purposes of section 10 (3) (c) (inserted by the Act of 1962) of the Act of 1933 shall be those specified in that Schedule.

(4) Section 4 of the Act of 1978 is hereby repealed.

(5) This section shall come into operation on the 28th day of March, 1979.

SCHEDULE A

Classes of persons to whom the rates of unemployment assistance set out in this Schedule are applicable	Weekly rate of unemployment assistance applicable to persons resident in any urban area	Weekly rate of unemployment assistance applicable to persons resident in any other place
Person without a dependant	£1315	£1270
Person with an adult dependant	£2275	£2205
Person with an adult dependant and one child dependant	£2685	£2615
Person with an adult dependant and two or more child dependants	£3095	£3025
plus, where there are more than two child dependants, £310 for each child dependant in excess of two.	plus, where there are more than two child dependants, £310 for each child dependant in excess of two.
Person with one child dependant	£1745	£1700
Person with two or more child dependants	£2155	£2110
plus, where there are more than two child dependants, £310 for each child dependant in excess of two.	plus, where there are more than two child dependants, £310 for each child dependant in excess of two.

SCHEDULE B

Classes of persons to whom the rates of unemployment assistance set out in this Schedule are applicable	Weekly rate of unemployment assistance applicable to persons resident in any urban area	Weekly rate of unemployment assistance applicable to persons resident in any other place
Person without a dependant	£1100	£1055
Person with an adult dependant	£1895	£1840
Person with an adult dependant and one child dependant	£2230	£2175
Person with an adult dependant and two or more child dependants	£2565	£2510
plus, where there are more than two child dependants, £260 for each child dependant in excess of two.	plus, where there are more than two child dependants, £260 for each child dependant in excess of two.
Person with one child dependant	£1450	£1405
Person with two or more child dependants	£1785	£1740
plus, where there are more than two child dependants, £260 for each child dependant in excess of two.	plus, where there are more than two child dependants, £260 for each child dependant in excess of two.

SCHEDULE C

Classes of persons to whom the rates of unemployment assistance set out in this Schedule are applicable	Weekly rate of unemployment assistance applicable to persons resident in any urban area	Weekly rate of unemployment assistance applicable to persons resident in any other place
Person without a dependant	£905	£870
Person with an adult dependant	£1560	£1515
Person with an adult dependant and one child dependant	£1840	£1795
Person with an adult dependant and two or more child dependants	£2120	£2075
plus, where there are more than two child dependants, £215 for each child dependant in excess of two.	plus, where there are more than two child dependants, £215 for each child dependant in excess of two.
Person with one child dependant	£1205	£1165
Person with two or more child dependants	£1485	£1445
plus, where there are more than two child dependants, £215 for each child dependant in excess of two.	plus, where there are more than two child dependants, £215 for each child dependant in excess of two.

4 Calculation of means of certain persons for purposes of unemployment assistance.

4.—(1) Section 8 of the Act of 1965 is hereby amended by the substitution of the following subsection for subsection (1) (inserted by the Social Welfare Act, 1976):

“(1) Subject to sections 9 and 10 of this Act, the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) of this section from the use of land which is personally used or enjoyed by the person shall, for the purposes of section 13 (1) (c) of the Act of 1933, be deemed to be an amount calculated—

(a) at the rate of £30 for every pound of the rateable valuation of the land in any case where the valuation does not exceed £10 and at a proportionate rate for any portion of a pound of the valuation,

(b) at the rate of £50 for every pound of the rateable valuation of the land in any case where the valuation exceeds £10 but does not exceed £15 and at a proportionate rate for any portion of a pound of the valuation,

(c) at the rate of £60 for every pound of the rateable valuation of the land in any case where the valuation exceeds £15 and at a proportionate rate for any portion of a pound of the valuation.”.

(2) This section shall come into operation on the 28th day of March, 1979.

5 Alternative method of calculation of means of certain persons for purposes of unemployment assistance.

5.—The following section is hereby substituted for section 9 of the Act of 1965:

“9. Notwithstanding section 8 of this Act, a person residing in an area standing specified in an order under subsection (3) of that section may opt to have the yearly value of any advantage accruing to him from the use of land personally used or enjoyed by him calculated, for the purposes of section 13 (1) (c) of the Act of 1933, in accordance with the provisions of paragraph (3) of Regulation 3 of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934 (S.R. & O., No. 34 of 1934).”.

6 Widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (new rates, extension of means limits).

6.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by the substitution of the following subsection for subsection (1) (inserted by the Act of 1978):

“(1) (a) A widow's (non-contributory) pension shall, subject to the provisions of this Act, be—

(i) where the weekly means of the widow do not exceed £18—at the rate set out in Table B to this subsection,

(ii) where the weekly means of the widow exceed £18 at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means exceeded £17 but did not exceed £18, less £1.30 for each amount (if any) of £1 by which those weekly means exceed £18, any fraction of £1 in those weekly means being treated for this purpose as £1; provided that if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50 new pence, the pension shall not be payable, and

(iii) where the widow has attained the age of 80 years—at the rate of pension payable to her in accordance with subparagraph (i) or (ii) of this paragraph plus £1.20.

(b) For the purposes of this subsection, weekly means shall be the yearly means divided by fifty-two.

TABLE B

Means of Widow	Widow, no qualified child	Widow, one qualified child	Widow, two or more qualified children
(1)	(2)	(3)	(4)
	£	£	£
Where the weekly means of the widow—				}	Plus, where there are more than two qualified children, £520 for each qualified child in excess of two.
do not exceed £6	1580	2100	2620
exceed £6 but do not exceed £7	1450	1970	2490
exceed £7 but do not exceed £8	1320	1840	2360
exceed £8 but do not exceed £9	1190	1710	2230
exceed £9 but do not exceed £10	1060	1580	2100
exceed £10 but do not exceed £11	930	1450	1970
exceed £11 but do not exceed £12	800	1320	1840
exceed £12 but do not exceed £13	670	1190	1710
exceed £13 but do not exceed £14	540	1060	1580
exceed £14 but do not exceed £15	410	930	1450
exceed £15 but do not exceed £16	280	800	1320
exceed £16 but do not exceed £17	150	670	1190
exceed £17 but do not exceed £18	no pension	540	1060

”

(2) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by the insertion of the following subsections after subsection (7):

“(8) The rates of pension determined under subsection (1) (a) (i), (1) (a) (ii) or (1) (a) (iii) of this section shall be increased by £1.30 where the widow has attained the age of 66 years and is living alone.

(9) (a) The weekly rate of pension determined under subsection (1) (a) (i), (1) (a) (ii) or (1) (a) (iii) of this section shall be increased by £8.80 for any period during which—

(i) the widow has attained the age of 66 years and is so incapacitated as to require full-time care and attention,

(ii) there is residing with the widow for the purpose of providing that care and attention a prescribed relative of the widow, and

(iii) such conditions as may be prescribed are fulfilled.

(b) Not more than one increase of pension shall be payable under this subsection or under subsection (4) (inserted by section 9 of the Social Welfare (Miscellaneous Provisions) Act, 1968) of section 26 of the Social Welfare Act, 1952 in respect of any prescribed relative.

(c) An application for an increase of pension under this subsection shall be decided by a deciding officer appointed by the Minister under section 41 of the Social Welfare Act, 1952.”.