Social Welfare Act , 1980

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

“the Act of 1967” means the Social Welfare (Miscellaneous Provisions) Act, 1967;

“the Act of 1969” means the Social Welfare (Miscellaneous Provisions) Act, 1969;

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

“the Act of 1976” means the Social Welfare Act, 1976;

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

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

“the Act of 1979” means the Social Welfare Act, 1979;

“the Regulations of 1979” means the Social Welfare (Variation of Rates of Payments) Regulations, 1979 (S.I. No. 320 of 1979).

2 Insertion of Eighth Schedule into Act of 1952.

2.—The Act of 1952 is hereby amended by the insertion after the Seventh Schedule of the Eighth Schedule set out in the Schedule to this Act.

3 Old age pensions (new rates and extension of means limits).

3.—(1) Section 77 of the Act of 1952 is hereby amended—

(a) by the substitution for subsection (2) (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following subsection:

“(2) (a) The rate (in this section referred to as the scheduled rate) of pension shall be the weekly rate, set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980) to this Act, increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

(b) A pension shall be payable—

(i) where the weekly means of the claimant or pensioner do not exceed £6, at the scheduled rate, and

(ii) where such weekly means exceed £6, at the scheduled rate reduced by the amount set out in column (2) of Part II of the said Eighth Schedule for each amount (if any) of £1 by which those weekly means exceed £6, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this subparagraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

(c) For the purposes of this section weekly means shall be the yearly means divided by 52.”;

and

(b) by the substitution for subsection (5) (inserted by the Act of 1969) and subsection (6) (inserted by the Act of 1977) of the following subsections:

“(5) The rate of pension payable in accordance with subsection (2) of this section shall be increased—

(a) by the amount set out in column (6) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980) to this Act for any period during which—

(i) the pensioner is so incapacitated as to require full-time care and attention,

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

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

provided that not more than one increase of pension shall be payable under this paragraph or under section 20 (8) (inserted by the Social Welfare Act, 1980) of the Widows' and Orphans' Pensions Act, 1935, or section 26 (4) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1968) of this Act in respect of any prescribed relative, and

(b) by the amount set out in column (7) of Part I of the said Eighth Schedule where the person entitled to the pension has attained pensionable age and is living alone, and

(c) by the amount set out in column (8) of Part I of the said Eighth Schedule where the pensioner has attained the age of 80 years, and

(d) by the amount calculated in accordance with Part III of the said Eighth Schedule where the pensioner is one of a married couple—

(i) 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 1980, or

(ii) 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 1980.

(6) An application for an increase under subsection (5) (a) of this section shall be decided by a deciding officer appointed by the Minister under section 41 of this Act.”.

(2) Section 8 of the Old Age Pensions Act, 1924, is hereby amended by the substitution for subsection (1) (inserted by the Act of 1977) of the following subsection:

“(1) It shall be a statutory condition for the receipt by any person of a pension under the Old Age Pensions Acts, 1908 to 1980, that the person must satisfy the pension authorities that his means as calculated under those Acts do not exceed the appropriate highest amount of means at which pension may be paid to that person under section 77 (2) (inserted by the Social Welfare Act, 1980) of the Social Welfare Act, 1952.”.

(3) This section shall come into operation on the 4th day of April, 1980.

4 Reduction of qualifying age for pensions for blind persons and consequential provision.

4.—(1) Section 6 (inserted by the Social Welfare (No. 2) Act, 1976) of the Old Age Pensions Act, 1932, is hereby amended by the substitution of “18” for “21” in both places where it occurs.

(2) A blind person in respect of whom a pension is payable under the Old Age Pensions Acts, 1908 to 1980, shall not be—

(a) a qualified child for the purposes of those Acts, the Widows' and Orphans' Pensions Acts, 1935 to 1980, or the Social Welfare Acts, 1952 to 1980, or

(b) a child qualified for the purposes of the Act of 1966.

(3) This section shall come into operation on the 4th day of April, 1980.

5 Increase of earnings disregarded in the case of blind persons.

5.—(1) The Seventh Schedule to the Act of 1952 is hereby amended by the substitution in Rule 1 (II) (h) of “£312” and “£208”, respectively, for “£208” and “£156” (inserted by the Act of 1977) in both places where they occur.

(2) This section shall come into operation on the 4th day of April, 1980.

6 Unemployment assistance (new rates and increase for certain adult dependants).

6.—(1) The Act of 1933 is hereby amended by the substitution for section 17 of the following section:

“17.—(1) Subject to subsection (2) of this section, the rate (in this section referred to as the scheduled rate) of unemployment assistance shall be the weekly rate set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980) to the Social Welfare Act, 1952, increased by—

(a) the amount set out in column (3) of that Part for any period during which—

(i) the applicant or recipient is living with or wholly or mainly maintaining his wife, or

(ii) the applicant or recipient is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity, or

(iii) the applicant or recipient being—

(I) a single person, a widow or a widower, or

(II) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his spouse,

is wholly or mainly maintaining a female person over the age of 16 years having the care of one or more than one qualified child who normally resides with the applicant or recipient,

subject to the restriction that the applicant or recipient shall not be entitled to an increase of assistance under this paragraph in respect of more than one person, and

(b) the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children who normally resides or reside with the applicant or recipient and, in addition, where there are more than two such children, the amount set out in column (5) of that Part in respect of each such child in excess of two.

(2) Whenever a person is entitled to receive unemployment assistance such assistance shall be given to him in the form of a money payment at whichever of the following rates is applicable—

(a) if he has no means, at the scheduled rate, and

(b) if he has means, at a rate equal to the scheduled rate reduced by 5p per week for every 5p or part of 5p of his means.

(3) Whenever, in the calculation of the rate at which unemployment assistance is payable to a person, the weekly amount by which the scheduled rate is to be reduced is equal to or exceeds the weekly amount of the scheduled rate, no unemployment assistance shall be payable to such person.

(4) The means of any person for the purpose of this section shall be taken to be the means of such person as stated in the qualification certificate for the time being held by him.

(5) In this section—

‘qualified child’ has the meaning assigned by section 2 (1) of the Social Welfare Act, 1952;

‘recipient’ means a person entitled to receive unemployment assistance.”.

(2) Section 4 (1A) (inserted by the Act of 1952) of the Unemployment Assistance (Amendment) Act, 1935, is hereby amended by the substitution for the definition (inserted by the Act of 1977) of “adult dependant” of the following:

“‘adult dependant’ means a person in respect of whom an increase of unemployment assistance is payable under section 17 (1) (a) (inserted by the Social Welfare Act, 1980) of the Principal Act;”.

(3) Section 3 of the Act of 1979 is hereby repealed.

(4) This section shall come into operation on the 2nd day of April, 1980.

7 Amendment of section 13 of Act of 1933.

7.—(1) Section 13 (1) (b) of the Act of 1933 is hereby amended by the substitution for paragraph (xii) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1964) of the following paragraph:

“(xii) where a person is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived therefrom as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,”.

(2) This section shall come into operation on the 2nd day of April, 1980.

8 Unemployment assistance (removal of 6 months' residence qualification).

8.—(1) Section 10 of the Act of 1933 is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) The conditions referred to in subsection (2) of this section as the conditions to be fulfilled by a person applying for a qualification certificate are—

(a) that he is at the date of the application resident in the State;

(b) that he has attained the age of 18 years and has not attained the age of 66 years;

(c) that his means, calculated in accordance with this Act, do not exceed an amount per annum equal to 52 times—

(i) the rate of unemployment assistance set out at reference 1A (1) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980) to the Social Welfare Act, 1952, applicable to a person who has an adult dependant and is resident in an urban area, and

(ii) in case he has a qualified child (as defined in section 2 (1) of the Social Welfare Act, 1952) or qualified children, so much of the unemployment assistance set out at reference 1A (1) of Part I of the said Eighth Schedule applicable to the person as would be payable in respect of that child or those children, as the case may be;

and

(d) in the case of a married woman either—

(i) that her husband is a dependant of her, or

(ii) that neither she nor her husband is a dependant of the other and she has one or more dependants.”.

(2) This section shall come into operation on the 2nd day of April, 1980.

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

9.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended—

(a) by the substitution for subsection (1) (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following subsection:

“(1) (a) The rate (in this section referred to as the scheduled rate) of widow's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980) to the Social Welfare Act, 1952, increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the widow.

(b) A widow's (non-contributory) pension shall be payable—

(i) where the weekly means of the claimant or pensioner do not exceed £6, at the scheduled rate, and

(ii) where the weekly means exceed £6, at the scheduled rate reduced by the amount set out in column (2) of Part II of the said Eighth Schedule for each amount (if any) of £1 by which those weekly means exceed £6, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that if the rate calculated pursuant to this subparagraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

(c) For the purposes of this section weekly means shall be the yearly means divided by 52.”;

and

(b) by the substitution for subsection (8) (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following subsection:

“(8) The rate of widow's (non-contributory) pension payable in accordance with subsection (1) of this section shall be increased—

(a) by the amount set out in column (6) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980) to the Social Welfare Act, 1952, for any period during which—

(i) the widow has attained pensionable age (within the meaning of section 2 (1) of the latter Act) 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

provided that not more than one increase of pension shall be payable under this paragraph or under section 77 (5) (inserted by the Social Welfare Act, 1980) or section 26 (4) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1968) of the Social Welfare Act, 1952, in respect of any prescribed relative,

(b) by the amount set out in column (7) of Part I of the said Eighth Schedule where the person entitled to the pension has attained pensionable age (within the meaning of section 2 (1) of the latter Act) and is living alone, and

(c) by the amount set out in column (8) of Part I of the said Eighth Schedule where the pensioner has attained the age of 80 years.”.

(2) This section shall come into operation—

(a) in so far as it relates to deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance, on the 3rd day of April, 1980, and

(b) in so far as it relates to widow's (non-contributory) pension, on the 4th day of April, 1980.

10 Widow's (non-contributory) pension (extension of entitlement).

10.—The Act of 1935 is hereby amended by the substitution for section 19 of the following section:

“19.—(1) Subject to the provisions of this Act, a pension (in this Act referred to as a widow's (non-contributory) pension) shall be payable to a widow.

(2) A woman whose husband dies while she is in receipt of or entitled to deserted wife's allowance under the Social Welfare Acts, 1952 to 1980, shall, subject to the provisions of the Widows' and Orphans' Pensions Acts, 1935 to 1980, in lieu of that allowance, be entitled to a widow's (non-contributory) pension at the same rate as that of the deserted wife's allowance payable to her.”.

11 Orphan's (non-contributory) pension (new rates and extension of means limit).

11.—(1) The Act of 1935 is hereby amended by the substitution for section 25 (inserted by the Social Welfare Act, 1973) of the following section:

“25.—(1) The weekly rate of orphan's (non-contributory) pension shall be—

(a) where the weekly means of the orphan do not exceed £1, the rate set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980) to the Social Welfare Act, 1952, and

(b) where his weekly means exceed £1, that rate reduced by the amount set out in column (2) of Part II of the said Eighth Schedule for each amount (if any) of £1 by which those weekly means exceed £1, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that if the rate calculated pursuant to this subsection at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

(2) The means of an orphan shall be calculated in accordance with the rules contained in the Seventh Schedule to the Social Welfare Act, 1952, and, for the purposes of this section, weekly means shall be the yearly means divided by 52.”.

(2) This section shall come into operation on the 4th day of April, 1980.

12 Extension of meaning of “orphan” in Act of 1935 and Act of 1952.

12.—(1) Section 3 (1) of the Act of 1935 and section 2 (1) of the Act of 1952 are hereby amended by the substitution for paragraph (c) (inserted by the Act of 1978) of the following paragraph:

“(c) a qualified child one of whose parents is dead and whose surviving parent has abandoned him or refused or failed to provide for him;”.

(2) This section shall come into operation on the 4th day of April, 1980.

13 Single woman's allowance (new rates and extension of means limit).

13.—(1) Section 8 of the Social Welfare (No. 2) Act, 1974, is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) A single woman's allowance shall be payable—

(a) where her weekly means do not exceed £1, at the weekly rate set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980) to the Act of 1952, and