Social Welfare Act , 1984

PART I Preliminary

1 Short title, construction and collective citation.

1.—(1) This Act may be cited as the Social Welfare Act, 1984.

(2) The Social Welfare Acts, 1981 to 1983, and this Act shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1984.

2 Definitions.

2.—In this Act—

“the Amendment Act of 1981” means the Social Welfare (Amendment) Act, 1981;

“the Act of 1983” means the Social Welfare Act, 1983;

“the Principal Act” means the Social Welfare (Consolidation) Act, 1981.

PART II Increases and Miscellaneous Amendments

3 Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I to V of the Second Schedule (inserted by the Act of 1983) of the Parts set out in Schedule A to this Act.

(2) This section shall come into operation—

(a) in so far as it relates to disability benefit, unemployment benefit, maternity allowance, deserted wife's benefit, invalidity pension, retirement pension, injury benefit, disablement gratuity and disablement pension, on the 5th day of July, 1984, and

(b) in so far as it relates to death benefit under section 50, 51 or 52 of the Principal Act, old age (contributory) pension, widow's (contributory) pension and orphan's (contributory) allowance, on the 6th day of July, 1984.

4 Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for—

(a) Part I of the Fourth Schedule (inserted by the Act of 1983 and varied by the Social Welfare (Variation of Rates of Unemployment Assistance) Regulations, 1983 (S.I. No. 268 of 1983)),

(b) Part III of that Schedule (inserted by the Act of 1983), and

(c) Part IV of that Schedule (inserted by the Social Welfare Act, 1982),

of the Parts set out in Schedule B to this Act.

(2) This section shall come into operation—

(a) in so far as it relates to unemployment assistance and supplementary welfare allowance, on the 4th day of July, 1984,

(b) in so far as it relates to deserted wife's allowance, prisoner's wife's allowance, social assistance allowance and single woman's allowance, on the 5th day of July, 1984,

(c) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension and orphan's (non-contributory) pension, on the 6th day of July, 1984, and

(d) in so far as it relates to children's allowances, on the 7th day of August, 1984.

5 Amendment of section 4 and 67 of Principal Act (expenses).

5.—(1) Section 4 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsection:

“(3A) Any expenses incurred by An Post under the provisions of Part II, other than Chapter 5 (determined on such basis as may be agreed upon between the Minister, the Minister for Finance and An Post) shall be paid by the Minister out of the Social Insurance Fund to An Post at such times and in such manner as the Minister for Finance may direct”

(2) Section 67 of the Principal Act is hereby amended by the insertion after subsection (10) of the following subsection:

“(10A) Any expenses incurred by An Post under the provisions of this Chapter (determined on such basis as may be agreed upon between the Minister, the Minister for Finance and An Post) shall be paid by the Minister out of the Occupational Injuries Fund to An Post at such times and in such manner as the Minister for Finance may direct.”.

6 Amendment of section 65 of Principal Act (employment contributions).

6.—(1) Section 65 of the Principal Act (as amended by the Amendment Act of 1981) is hereby amended by the substitution for the percentage rates specified in subsection (2) (a) (ii) and subsection (2) (b) of 0.4 per cent.

(2) This section shall come into operation on the 6th day of April, 1984.

7 Amendment of section 73 of Principal Act (pay-related benefit).

7.—(1) Section 73 of the Principal Act (inserted by the Act of 1983) is hereby amended by the substitution for “£36” of “£43”.

(2) Subsection (1) of this section shall have effect in relation to any period of interruption of employment commencing on or after the 2nd day of April, 1984.

8 Amendment of section 76 of Principal Act (pay-related benefit).

8.—Section 76 of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsection:

“(1A) Notwithstanding section 72, the Minister may, with the consent of the Minister for Finance, make regulations providing that, for the purposes of a scheme administered by the Department of Labour and known as the Enterprise Allowance Scheme, a person accepted into that Scheme who, if he had continued to be unemployed, would be entitled to continue to receive pay-related benefit, shall be entitled, subject to such conditions as may be specified in the regulations, to receive such benefit in the form of a lump sum equivalent to the amount which he would otherwise have received in respect of the unexpired portion (subject to a maximum of 26 weeks) of the relevant period of interruption of employment.”.

9 Amendment of section 146 and 210 of, and Third Schedule to, Principal Act (calculation of means).

9.—(1) Section 146 of the Principal Act is hereby amended—

(a) by the substitution for paragraph (a) of subsection (1) of the following paragraph:

“(a) the yearly value ascertained in the prescribed manner of all property belonging to him (not being property personally used or enjoyed by him or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use;”,

and

(b) by the substitution for paragraph (c) of subsection (1) of the following paragraph:

“(c) the yearly value ascertained in the prescribed manner of any advantage accruing to him from—

(i) the use of property (other than a domestic dwelling or farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by him, and

(ii) the leasing by him of a farm of land under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice;”.

(2) Section 210 of the Principal Act is hereby amended—

(a) by the substitution for subparagraph (iii) of subsection (2) (a) of the following subparagraph:

“(iii) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice);”,

(b) by the substitution for paragraph (b) of subsection (2) of the following paragraph:

“(b) the value of any property belonging to such person (not being property personally used or enjoyed by him or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or is otherwise put to profitable use or which, though capable of investment or profitable use, is not invested or put to profitable use, the yearly value of the first £400 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of £400 being taken to be one-tenth part of the capital value; and the weekly value of the property being calculated as one fifty-second part of the yearly value so calculated;”,

and

(c) by the substitution for paragraph (c) of subsection (2) of the following paragraph:

“(c) the value of any advantage accruing to such person from—

(i) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by him, and

(ii) the leasing by him of a farm of land under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice;”.

(3) Rule 1 of the Rules contained in the Third Schedule is hereby amended—

(a) by the substitution for paragraph (1) of the following paragraph:

“(1) the yearly value of any property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use by the person, the yearly value of the property being calculated as follows:

(a) the first £200 of the capital value of the property shall be excluded, and

(b) the yearly value of the next £375 of the capital value of the property shall be taken to be one-twentieth part of the capital value, and

(c) the yearly value of so much of the capital value of the property as exceeds £575 shall be taken to be one-tenth part of the capital value,

but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure.”,

(b) by the substitution for clause (a) of paragraph (4) of the following clause:

“(a) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice),”,

and

(c) by the substitution for paragraph (5) of the following paragraph:

“(5) The yearly value of any advantage accruing to the person from—

(a) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by the person, and

(b) a farm of land leased by the person under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice,

but for the purposes of this Rule a cottage provided under the Labourers Acts, 1883 to 1965, and vested in the person or the spouse of that person pursuant to those Acts or pursuant to the Housing Acts, 1966 to 1984, shall not be treated as property which is personally used or enjoyed by that person or the spouse of that person so long as payment of the purchase annuity has not been completed.”.

10 Amendment of section 223 of Principal Act (qualified child).

10.—Section 223 of the Principal Act is hereby amended by the substitution in subsection (2) for “who resides with his father while the father” of “who resides with a qualified person while such person”.

11 Amendment of section 226 of Principal Act (time limit for payment of children's allowances).

11.—Section 226 of the Principal Act is hereby amended by the substitution for “3 months (or, where the Minister so thinks fit, 6 months)” of “6 months”.

12 Insertion of section 306A in Principal Act.

12.—(1) The Principal Act is hereby amended by the insertion of the following section after section 306:

“Taking of certain benefits, etc., into account in assessing damages.

306A.— (1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964, and section 306 of this Act, where in any action relating to the use of a mechanically propelled vehicle damages are assessed in respect of any liability for personal injuries which is required to be covered by an approved policy of insurance, there shall in assessing those damages be taken into account the value of any rights arising from such injuries which have accrued, or probably will accrue, to the injured person in respect of disability benefit (including any amount payable therewith by way of pay-related benefit) and invalidity pension for the five years beginning with the time when the cause of action accrued.

(2) The reference in subsection (1) to the assessment of damages shall, in cases where damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act, be taken as referring to the total damages which would have been recoverable apart from the reduction or limitation.

(3) In subsection (1):

“approved policy of insurance” means a policy of insurance which, by virtue of section 62 of the Road Traffic Act, 1961, as amended by the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975 (S.I. No. 178 of 1975), is an approved policy of insurance for the purposes of that Act;

“mechanically propelled vehicle” has the meaning assigned by section 3 of the Road Traffic Act, 1961.”.

(2) The Principal Act is hereby further amended by the insertion in section 306 of “and section 306A” after “section 68” in subsection (2).

(3) This section shall not apply in relation to any action instituted before the date of the passing of the Social Welfare Act, 1984.

PART III Family Income Supplement

13 Insertion of part IVA in Principal Act.

13.—The Principal Act is hereby amended by the insertion of the following Part after Part IV:

“PART IVA

232A.— In this Part—

Interpretation.

“child” means a person who by virtue of section 223 (1) (as amended by the Social Welfare Act, 1983) is a qualified child for the purposes of Part IV;

“family” means—

(a) a person who is engaged in remunerative full-time employment as an employee, and

(b) where such person is a married person living with or wholly or mainly maintaining his or her spouse, that spouse, and

(c) a child or children in respect of whom any of the foregoing is qualified for a children's allowance under section 224;

“family income supplement” shall be construed in accordance with section 232B;

“weekly family income” means, subject to regulations under section 232F, the amount of income received in a week by a family, less any income of a person who in respect of that family is a child.

Entitlement to family income supplement.

232B.— Subject to this Part, an allowance (in this Part referred to as “family income supplement”) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—

(a) in the case of a family which includes only one child, £95, or

(b) in the case of a family which includes more than one child, £95 increased by £15 for each additional child up to and including the fifth child.

Weekly rate of family income supplement.

232C.— (1) Subject to this Part, the weekly rate of family income supplement shall be 25 per cent, of the amount by which the weekly family income is less than the amount appropriate in the particular case under section 232B.

(2) The weekly rate calculated pursuant to subsection (1) shall not in any case exceed the following amounts:

(a) in the case of a family which includes only one child, £8, and

(b) in the case of a family which includes more than one child, £8 increased by £1.75 for each additional child up to and including the fifth child.

(3) Where the weekly rate calculated pursuant to subsection (1) is less than £1, family income supplement shall not be payable.

(4) For the purposes of this section, any fraction of £1 of weekly family income greater than 50p shall be treated as £1 and any other fraction of £1 shall be disregarded.

Period of payment of family income supplement.

232D.— (1) Family income supplement shall be payable for a period of 52 weeks (or such other period as may be prescribed) beginning on the date on which it is receivable in accordance with regulations and, except where regulations otherwise provide, the weekly rate of family income supplement payable shall not be affected by any change of circumstances during that period.

(2) Where family income supplement is payable in respect of a particular family for any period, no person who was included in that family at the beginning of such period shall be regarded as a member of any other family during that period.

Person to whom family income supplement is payable.

232E.— Family income supplement shall be payable to the member of the family (other than a child) who is engaged in remunerative full-time employment as an employee or, where there are two members of the family so engaged, to the member whose weekly income as calculated for the purposes of family income supplement forms the greater part of the weekly family income as so calculated.

Regulations.

232F.— (1) The Minister may make regulations for the purpose of giving effect to this Part.

(2) Regulations under this section may, in particular and without prejudice to the generalty of subsection (1)—

(a) provide for the manner of calculation or estimation of weekly family income;

(b) provide, in calculating or estimating weekly family income, for the disregarding in whole or in part of any amount of that income from any source specified in the regulations;

(c) determine the circumstances in which a person shall be regarded as being engaged in remunerative full-time employment as an employee;

(d) require employers to furnish such information as the Minister may require for the purpose of determining a claim for family income supplement;

(e) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I, II, VII and VIII.

(3) The Minister may by regulations vary—

(a) the amounts specified in section 232B,

(b) the percentage rate specified in section 232C (1), and

(c) the weekly rates specified in section 232C (2),

but any such variation shall not reduce the amounts, the percentage rate or the weekly rates applicable immediately before the commencement of such regulations.”.

14 Amendment of section 3 of Principal Act (regulations).

14.—Section 3 of the Principal Act is hereby amended by the insertion in subsection (4) (a) of “130(4),” after “108(4) (6),” and of “232F (2) (a) (b) (c), (3),” after “210 (3),”.

15 Amendment of section 130 of Principal Act (overlapping provisions).