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SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

Type Act

Publication 1981-02-24

Last updated 2014-05-30

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 313

These amending acts are not in its history: the source does not say when their effect began (1)

IE-1985-si-101: S.I. No. 101 of 1985, regs. 10, 11 — The official text is truncated after regulation 11 and has no signature.

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

109 amending acts · 2014-05-30, S.I. No. 231/2014 - Local Government (Performance of Reserved Functions in Respect of Mun…

Reform history JSON API

(1) Subject to paragraph (2), if it appears that any person has, whether before or after the commencement of this Act, directly or indirectly deprived himself of any income or property in order to qualify himself for the receipt of the pension in question, or for the receipt thereof at a higher rate than that to which he would otherwise be entitled, that income or the yearly value of that property shall for the purposes of these Rules be taken to be part of the means of that person.

(2)
(a) Subject to subparagraph (b), paragraph (1) shall not apply to any assignment—-

(i) which is an assignment to a child or children of the assignor, and

(ii) which is an assignment of property consisting of a farm of land (together with or without the stock and chattels thereon) the rateable value of which (including the buildings thereon) does not exceed £30 and of which the assignor is the owner and the occupier or the occupier only.

(b) Subparagraph (a) shall not apply to an assignment by a person who, at any time within the three years ending when the relevant claim for a pension or application for an increase of a pension is made, was, as respects any agricultural lands exceeding £30 in rateable value or aggregate rateable value, the owner and occupier thereof, the occupier only thereof or the owner and occupier of part thereof and the occupier only of the remainder.

(c) In this paragraph “assignment” includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.

(1) In the case of pensions under Chapter 3 of Part III, the following provisions shall have effect when calculating the means of a person who is one of a married couple living together—

(a) the means of the person shall be taken to be one-half of the total means of the married couple;

(b) the person shall be deemed to be entitled to one-half of all property to which the person or the other member of the married couple is entitled or to which the person and the other member of the married couple are jointly entitled;

(c) for the purposes of this Rule, the means of each member of the married couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate) and the total means shall be the sum of the means of each member so determined;

(d) where one member of the married couple dies, nothing which was reckoned for the purposes of pension, or would (if such deceased member had been entitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period previous or part of which was previous to that death.

(2) Where a husband is separated from his wife, any sum paid by him to her under a separation order shall be deducted in calculating his means.

Notwithstanding these Rules, where—

[1979, s. 17]

(a) a pension under Chapter 3 or 4 of Part III is in course of payment to or in respect of a person or the spouse of the person or both of them, and

(b) a pension (in this Rule referred to as “the other pension”), not being a pension mentioned in paragraph (a), is in course of payment to or in respect of the person or the spouse of the person or both of them, and

in calculating the means of the person or of the spouse or of both of them for the purposes of Chapter 3 or 4 (as the case may require) of Part III, any portion of the increase of the other pension which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount of the increase, shall not be reckoned as means.

[1968 MP, s. 13]

Notwithstanding this Schedule, the amount of any allowance, special allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, or pension under the Military Service (Pensions) Acts, 1924 to 1964, arising out of service in the period commencing on 23rd April, 1916, and ending on 30th September, 1923, or pension under the Connaught Rangers (Pensions) Acts, 1936 to 1964, shall be disregarded in the calculation of means for the purposes of Chapters 3 and 4 of Part III.

FOURTH SCHEDULE Rates of Assistance


Description of assistance. Pension or allowance	Weekly rate or amount	Increase for adult dependant (where payable)	Increase for each qualified children (where payable)	Increase for each child in excess of two (where payable)	Increase for prescribed relative under section 162 (1) (a), 179 (a), 192 (2), 196 (2) or 197 (2) (where payable)	Increase where the person has attained pension-able age and is living alone (where payable)	Increase where the person bas attained tge age if 80 years (where payable)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
1. Unemployment Assistance:	£	£	£	£	£	£	£
A. persons other than those at B:
(1) in the case of persons other than those at (2)
(i) for persons resident in any urban area	17.00	12.25	5.30	4.10	—	—	—
(ii) for persons resident in any other place	16.45	11.95	5.30	4.10	—	—	—
(2) in the case of persons for whom the yearly advantage from land is valvulated in accordance with paragraph (a), (b) or (c) of section 147 (1)
(b) where the rateable valuation of the land exceeds £10 but does not exceed £15-
(i) for persons resident in any urban area	12.00	8.55	3.65	2.90	—	—	—
(ii) for persons resident in any other place	11.55	8.45	3.65	2.90	—	—	—
(b) where the rateable valuation of the land exceeds 10 but does not exceed 15—
(i) for persons resident in any urban area	12.00	8.55	3.65	2.90	—	—	—
(ii) for persons resident in any other place	11.55	8.45	3.65	2.90	—	—	—
(c) where the rateable valuation of the land exceeds £15 but does not exceed £20
(i) for persons resident in any urban area	10.05	7.15	3.10	2.45	—	—	—
(ii) for persons resident in any other place	9.70	7.05	3.10	2.45	—	—	—
(B) Persons without an adult dependant and with one or more qualified children:
(1) in the case of persons other than those at (2)
(i) for persons resident in any urban area	17.20	—	5.30	4.10	—	—	—
(ii) for persons resident in any other place	16.70	—	5.30	4.10	—	—	—
(2) in the case of persons for whom the yearly advantage from land is calculated in accordance with paragraph (a), (b) or (c) of section 147 (1)
(a) where the rateable valuation of the land does not exceed £10
(i) for persons resident in any urban area	14.35	—	4.40	3.40	—	—	—
(ii) for persons resident in any urban area	13.90	—	4.40	3.40	—	—	—
(b) where the rateable valuation of the land ecceeds £10 but does not exceed £15-
(i) for persons resident in any urban area	12.15	—	3.65	2.90	—	—	—
(ii) for persons resident in any urban area	11.70	—	3.65	2.90	—	—	—
(c) where the rateable valuation of the land exceeds £15 but does not exceed £20-
(i) for persons resident in any urban area	10.25	—	3.10	2.45	—	—	—
(ii) for persons resident in any other place	9.85	—	3.10	2.45	—	—	—
2. Old Age Pension and Blind Pension	21.00	—	5.70	4.40	11.75	1.65	1.50
3. Widow's (Non-Contributory) Peasion, Deserted Wite's Allowance and Social Assistance Allowance	21.00	—	6.90	6.90	11.75	1.65	1.50
4. Orphan's(Non-Contributory)pension	13.55	—	—	—	—	—	—
5. Single Women's Allowance	18.30	—	—	—	—	—	—
6. Supplementry Welfare Allowance:
(a) Person other than those at (b)	16.45	11.95	5.30	4.10	—	—	—
(b) (Person) without an adult dependent and with one or more child dependents	16.70	—	5.30	4.10	—	—	—

PART II

Reductions for Means


Description of social assistance	Amount of reduction for each £1 of weekly means
(1)	(2)
	£
Old Age Pension and Build Pension	1.20
Window's (Non-Contributory) Pension, Deserted Wife's Allowance, Prisoner's Wife's Allowance and social Assistance Allowance	1.20
Orphan's (Non-Contributory) Pension	1.20
Single Women's Allowance	1.20

PART III

Increase of Old Age Pension for a Spouse


Means of claimant or pensioner	Weekly rate of increase
Where the weekly means of the claimant or pensioner—	£
do not exceed £6	10.55
exceed £6 but do not exceed £7	9.95
exceed £7 but do not exceed £8	9.35
exceed £8 but do not exceed £9	8.75
exceed £9 but do not exceed £10	8.15
exceed £10 but do not exceed £11	7.55
exceed £11 but do not exceed £12	6.95
exceed £12 but do not exceed £13	6.35
exceed £13 but do not exceed £14	5.75
exceed £14 but do not exceed £15	5.15
exceed £15 but do not exceed £16	4.55
exceed £16 but do not exceed £17	3.95
exceed £17 but do not exceed £18	3.35
exceed £18 but do not exceed £19	2.75
exceed £19 but do not exceed £20	2.15
exceed £20 but do not exceed £21	1.55
exceed £21 but do not exceed £22	0.95
exceed £22 but do not exceed £23	0.35
exceed £23	Nil

Part IV

Amounts of Children's Allowances


Amount for one child	Additional amount for each in child in excess of one
(1)	(2)
£4.50	£7

FIFTH SCHEDULE Intermittent Unemployment Insurance

Part I

[S.I. No. 347 of 1978]

Rates of Weekly Contributions Payaele by Insured Persons and Employers


Class of insured person to whom the rate applies	Rate of weekly contribution	Rate of weekly contribution
Class of insured person to whom the rate applies	By the insured person	By the employer
(1)	(2)	(3)
Skilled worker	71p	71p
Unskilled worker	69p	69p
Young person	26p	26p

Part II

[S.I. No.139 of 1978]

Hourly Rates of Supplementary Benefit


Class of insured person to whom the rate applies	Hourly rate of supplementary benefit
(1)	(2)
Skilled worker	87p
Unskilled worker	79p
Young person	32p

SIXTH SCHEDULE Enactments Repealed

PART I British Statutes


Session and chapter	Short title	Extent of repeal
8Edw. 7, c. 40.	Old Age Pensions Act, 1908.	The whole Act.
1 & 2 Geo. 5, c. 16.	Old Age Pensions Act, 1911.	The whole Act.
4 & 5 Geo. 5, c. 35.	Education (Provision of Meals) (Ireland) Act, 1914.	The whole Act.
6 Geo. 5, c. 10.	Education (Provision of Meals) (Ireland) Act, 1916.	The whole Act.
7 & 8 Geo. 5, c. 53.	Education (Provision of Meals) (Ireland) Act, 1917.	The whole Act.
9 & 10 Geo. 5, c. 102.	Old Age Pensions Act, 1919.	The whole Act.

Part II Acts of the Oireachtas of Saorstat Eireann and of the Oireachta


Number and year	Short title	Extent of repeal
No. 19 of 1924.	Old Age Pensions Act, 1924.	The whole Act.
No. 23 of 1930.	School Meals (Gaeltacht) Act, 1930.	The whole Act.
No. 34 of 1930.	Education (Provision of Meals) (Amendment) Act, 1930.	The whole Act.
No. 1 of 1932.	Pension Books (Prohibition of Alienation) Act, 1932.	The whole Act so far as it relates to any document to which Part VII of this Act applies.
No. 18 of 1932.	Old Age Pensions Act, 1932.	The whole Act.
No. 46 of 1933.	Unemployment Assistance Act, 1933.	The whole Act.
No. 48 of 1933.	School Meals (Gaeltacht) Act, 1933.	The whole Act.
No. 29 of 1935.	Widows' and Orphans' Pensions Act, 1935.	The whole Act.
No. 38 of 1935.	Unemployment Assistance (Amendment) Act, 1935.	The whole Act.
No. 12 of 1936.	National Health Insurance and Widows' and Orphans' Pensions Act, 1936.	The whole Act.
No. 11 of 1937.	Widows' and Orphans' Pensions Act, 1937.	The whole Act.
No. 2 of 1938.	Unemployment Assistance (Amendment) Act, 1938.	The whole Act.
No. 4 of 1940.	Unemployment Assistance (Amendment) Act, 1940.	The whole Act.
No. 7 of 1942.	Insurance (Intermittent Unemployment) Act, 1942.	The whole Act.
No. 2 of 1944.	Children's Allowances Act, 1944.	The whole Act.
No. 8 of 1946.	Children's Allowances (Amendment) Act, 1946.	The whole Act.
No. 8 of 1947.	Widows' and Orphans' Pensions Act, 1947.	The whole Act.
No. 10 of 1948.	Social Welfare (Reciprocal Arrangements) Act 1948.	The whole Act.
No 17 of 1948.	Social Welfare Act, 1948.	The whole Act.
No. 14 of 1950.	Social Welfare Act, 1950.	The whole Act.
No. 16 of 1951.	Social Welfare Act, 1951.	The whole Act.
No. 11 of 1952.	I Social Welfare Act, 1952.	The whole Act
No. 12 of 1952.	Social Welfare (Children's Allowances) Act, 1952.	The whole Act.
No. 11 of 1955.	Social Welfare Act, 1955.	The whole Act.
No. 27 of 1955.	Social Welfare (Temporary Provisions) Act, 1955.	The whole Act.
No. 24 of 1956.	Social Welfare (Amendment) Act, 1956.	The whole Act.
No. 8 of 1957.	Social Welfare Act, 1957.	The whole Act.
No. 9 of 1957.	Social Welfare (Children's Allowances) Act, 1957.	The whole Act.
No. 21 of 1957.	Social Welfare (Miscellaneous Provisions) Act, 1957.	The whole Act.
No. 36 of 1958.	Social Welfare (Amendment) Act, 1958.	The whole Act.
No. 13 of 1959.	Social Welfare Act, 1959.	The whole Act.
No. 25 of 1960.	Social Welfare (Amendment) Act, 1960.	The whole Act.
No. 28 of 1960.	Social Welfare (Miscellaneous Provisions) Act, 1960	The whole Act.
No. 22 of 1961.	Social Welfare (Miscellaneous Provisions) Act, 1961.	The whole Act.
No. 17 of 1962.	Social Welfare (Miscellaneous Provisions) Act, 1962.	The whole Act.
No. 26 of 1963.	Social Welfare (Miscellaneous Provisions) Act, 1963.	The whole Act.
No. 28 of 1964.	Social Welfare (Miscellaneous Provisions) Act, 1964.	The whole Act.
No. 20 of 1965.	Social Welfare (Miscellaneous Provisions) Act, 1965.	The whole Act.
No. 16 of 1966.	Social Welfare (Occupational Injuries) Act, 1966.	The whole Act.
No. 24 of 1966.	Social Welfare (Miscellaneous Provisions) Act, 1966.	The whole Act.
No. 18 of 1967.	Social Welfare (Miscellaneous Provisions) Act, 1967.	The whole Act.
No. 31 of 1968.	Social Welfare (Miscellaneous Provisions) Act, 1968.	The whole Act.
No. 19 of 1969.	Social Welfare (Miscellaneous Provisions) Act, 1969.	The whole Act.
No. 12 of 1970.	Social Welfare Act, 1970.	The whole Act.
No. 16 of 1971.	Social Welfare Act, 1971.	The whole Act.
No. 15 of 1972.	Social Welfare Act, 1972.	The whole Act.
No. 2 of 1973.	Social Welfare (Pay-Related Benefit) Act, 1973.	The whole Act.
No. 10 of 1973.	Social Welfare Act, 1973.	The whole Act.
No. 12 of 1974.	Social Welfare Act, 1974.	The whole Act.
No. 14 of 1974.	Social Welfare (No. 2) Act, 1974.	The whole Act.
No. 31 of 1974.	Social Welfare (No. 3) Act, 1974.	The whole Act.
No. 1 of 1975.	Social Welfare Act, 1975.	The whole Act.
No. 8 of 1975.	Social Welfare (Pay-Related Benefit) Act, 1975.	The whole Act.
No. 28 of 1975.	Social Welfare (Supplementary Welfare Allowances) Act, 1975.	The whole Act.
No. 6 of 1976.	Social Welfare Act, 1976.	The whole Act.
No. 28 of 1976.	Social Welfare (No. 2) Act, 1976.	The whole Act.
No. 3 of 1977.	Social Welfare Act, 1977.	The whole Act.
No. 5 of 1978.	Social Welfare Act, 1978.	The whole Act.
No. 25 of 1978.	Social Welfare (Amendment) Act, 1978.	The whole Act.
No. 8 of 1979.	Social Welfare Act, 1979.	The whole Act.
No. 3 of 1980.	Social Welfare Act, 1980.	The whole Act.

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