SOCIAL WELFARE ACT, 1987

Type Act
Publication 1987-04-04
Last updated 1993-11-09
State Repealed superseded text
Text As published
articles 13

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.

1 amending act · 1993-11-09, SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

Reform history JSON API

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1986. [4th April, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Definitions.

1.—In this Act—

“the Act of 1984” means the Social Welfare Act, 1984;

“the Act of 1985” means the Social Welfare Act, 1985;

“the Act of 1986” means the Social Welfare Act, 1986;

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

2 Social insurance benefits (new rates).

2.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by the Act of 1986) of the Second Schedule thereto of the Parts set out in Schedule A to this Act.

3 Social assistance payments (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I and III (inserted by the Act of 1986) of the Fourth Schedule thereto of the Parts set out in Schedule B to this Act.

4 Family income supplement.

4.—(1) Section 232B (inserted by the Act of 1984) of the Principal Act (which relates to the entitlement to family income supplement) is hereby amended by—

5.—(1) Section 10 (1) of the Principal Act is hereby amended by the substitution for paragraph (c) (inserted by the Act of 1986) of the following paragraph:

  • “(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £15,500 and contributions under paragraph (b) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor in that contribution year.”.

6 Exemption from payment of contributions, etc.

6.—Any employer who, during the period commencing on the 16th day of December, 1986, and ending on the 31st day of January, 1987, employed, under and by virtue of the scheme administered by the Department of Social Welfare and known as the Employers' Pay-Related Social Insurance Exemption Scheme, additional employees shall not, during the period commencing on the 6th day of April, 1987, and ending on the 5th day of April, 1988. be liable to pay in respect of additional employees who constitute a net increase in the employer's workforce under the scheme all or any of the following, namely—

7.—(1) The following section is hereby substituted for section 73 of the Principal Act (inserted by the Social Welfare Act, 1983, and as amended by the Act of 1986):

“73.—The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be, for any part of that period up to the 393rd day of incapacity for work or for any part of that period up to the 393rd day of unemployment, an amount equal to 12 per cent. of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds £62 but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict the total amount of benefit payable under this Part to the person in respect of any week.”.

8 Increase in contribution weeks necessary for entitlement to certain benefits. etc.

8.—(1) Section 19 of the Principal Act (which relates to contribution conditions for disability benefit) is hereby amended by the substitution in subsection (1) (a) for “26 contribution weeks” of “39 contribution weeks”.

9 Calculation of amounts payable on basis of daily rates for certain benefits.

9.—(1) Section 18 of the Principal Act (which relates to entitlement to disability benefit) is hereby amended by the insertion in subsection (6) after “one-sixth the appropriate weekly rate” of “subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p”.

10 Amendment of section 76 of Principal Act (regulations).

10.—(1) Section 76 (1) of the Principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph:

  • “(b) the calculation of the amounts payable in respect of pay-related benefit in accordance with prescribed scales and for such adjustments of the amounts as may be necessary to facilitate the computation of the amounts and avoid multiples of other than 10p in the amounts;”.

11 Participation in certain schemes not to affect subsequent entitlement to unemployment benefit or assistance.

11.—The Principal Act is hereby amended—

  • “(f) participation in a scheme administered by the Department of Social Welfare and known as the Part-Time Job Allowance Scheme, or

  • (g) participation in a scheme administered by the Department of Education and known as the Educational Opportunities Scheme,”,

and

  • “(f) participation in a scheme administered by the Department of Social Welfare and known as the Part-Time Job Allowance Scheme, or

  • (g) participation in a scheme administered by the Department of Education and known as the Educational Opportunities Scheme,”,

and the said subsections (4A) and (2A), as so amended, are set out in the Table to this section.

TABLE

shall be disregarded in treating, pursuant to subsection (4) (c), any two periods of interruption of employment not separated by more than 13 weeks as one period of interruption of employment.

shall be disregarded in treating, pursuant to subsection (2) of this section, any two continuous periods of unemployment not separated by more than 20 weeks as one continuous period of unemployment.

12 Repeals.

12.—(1) Subsections (3) and (4) of section 123 (which relate to investment return in respect of payments made out of the Social Insurance Fund) of the Principal Act are hereby repealed.

13 Short title, construction and collective citation.

13.—(1) This Act may be cited as the Social Welfare Act, 1987.

SCHEDULE A

“Second Schedule

Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof

Description of benefit Weekly rate Increase for adult dependant (where payable) Increase for first qualified child (where payable) Increase for second qualified child (where payable) Increase for each of third, fourth and fifth qualified children (where payable) Increase for each qualified child in excess of five (where payable) Increase for prescribed relative under section 50 (11), 51 (2), 81 (3), 86 (3). 91 (3), 95 (2) or 103 (2) (where payable) Increase where the person has attained pensionable age and is living alone (where payable)
(1) (2) (3) (4) (4a) (5) (5a) (6) (7)
£ £ £ £ £ £ £ £
1. (A) Disability Benefit and Unemployment Benefit 42.30 27.40 9.70 10.80 9.00 7.20 — —
(B) Reduced rates of Unemployment Benefit:
(a) person entitled to an increase in respect of a qualified child but not entitled to an increase in respect of an adult dependant 35.50 — 8.40 9.60 7.50 6.00 — —
(b) any other person 35.10 25.30 8.40 9.60 7.50 6.00 — —
2. Maternity Allowance 42.30 — 9.70 10.80 9.00 7.20 — —
3. Injury Benefit 58.20 27.40 9.70 10.80 9.00 7.20 — —
4. Death Benefit:
(a) pension payable to a widow (section 50 (2)) or widower (section 50 (6))—
(i) aged under 66 years 62.80 — 12.80 14.10 14.10 12.10 — —
(ii) aged over 66 years 64.20 — 13.10 14.20 14.20 12.40 26.40 3.70
(b) pension payable to a parent, the deceased having been at death a married person, where the parent is—
(i) aged under 66 years 28.00 — — — — — — —
(ii) aged over 66 years 28.60 — — — — — 26.40 3.70
(c) pension payable to a parent, the deceased having been at death a widower, a widow or a single person—
(i) where the parent is the father and was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable and is—
(a) aged under 66 years 62.80 — — — — — — —
(b) aged over 66 years 64.20 — — — — — 26.40 3.70
(ii) where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow and is–
(a) aged under 66 years 62.80 — — — — — — —
(b) aged over 66 years 64.20 — — — — — 26.40 3.70
(iii) where the parent is the mother, not being a widow, and a pension at the rate set out at (i) above is not payable to her husband and she is–
(a) aged under 66 years 62.80 — — — — — — —
(b) aged over 66 years 64.20 — — — — — 26.40 3.70
(iv) in any other case where the parent is—
(a) aged under 66 years 28.00 — — — — — — —
(b) aged over 66 years 28.60 — — — — — 26.40 3.70
(d) pension payable to an orphan 33.10 — — — — — — —
5. Old Age (Contributory) Pension and Retirement Pension:
(a) in the case of persons under the age of 80 years 55.10 35.10 10.90 12.10 10.00 8.20 26.40 3.70
(b) in any other case 58.80 35.10 10.90 12.10 10.00 8.20 26.40 3.70
(c) additional increase for an adult dependant who has attained pensionable age — 6.00 — — — — — —
6. Invalidity Pension:
(a) where the person is aged under 66 years 48.50 31.50 10.80 11.80 9.80 8.00 26.40 —
(b) where the person is aged over 66 years 49.50 32.10 10.90 12.10 10.00 8.20 26.40 3.70
7. Widow's (Contributory) Pension and Deserted Wife's Benefit in the case of persons:
(a) aged under 66 years 49.50 — 12.80 14.10 14.10 12.10 — —
(b) aged between 66 and 80 years 50.60 — 13.10 14.20 14.20 12.40 26.40 3.70
(c) aged over 80 years 53.90 — 13.10 14.20 14.20 12.40 26.40 3.70
8. Orphan's (Contributory) Allowance 31.30 — — — — — — —

PART II

Occupational Injuries Benefits—Gratuities and Grant

£
1. Disablement Benefit:
Maximum gratuity in the case of persons—
(i) aged under 66 years 4,500
(ii) aged over 66 years 4,580
2. Death Benefit:
(i) Widower's gratuity in the case of persons—
(a) aged under 66 years 3,280
(b) aged over 66 years 3,340
(ii) Grant in respect of funeral expenses 220

PART III

Disablement Pension

Degree of disablement Weekly rate Weekly rate
(1) (2) (2)
Persons under the age of 66 years Persons over the age of 66 years
£ £
100 per cent 64.80 66.20
90 ” ” 58.32 59.58
80 ” ” 51.84 52.96
70 ” ” 45.36 46.34
60 ” ” 38.88 39.72
50 ” ” 32.40 33.10
40 ” ” 25.92 26.48
30 ” ” 19.44 19.86
20 ” ” 12.96 13.24

PART IV

Increases of Disablement Pension

£
1. Increase where the person is permanently incapable of work:
in the case of persons—
(a) aged under 66 years 42.30
(b) aged over 66 years 43.20
2. Increase where the beneficiary requires constant attendance:
(a) limit of increase except in cases of exceptionally severe disablement where the person is—
(i) aged under 66 years 25.90
(ii) aged over 66 years 26.40
(b) limit in any case where the person is—
(i) aged under 66 years 51.80
(ii) aged over 66 years 52.70

”.

SCHEDULE B

“Fourth Schedule

Rates of Assistance

PART I

Rates of Periodical Social Assistance and Increases Thereof

Description of assistance, pension or allowance Weekly rate or amount Increase for adult dependant (where payable) Increase for first qualified child (where payable) Increase for second qualified child (where payable) Increase for each of third, fourth and fifth qualified children (where payable) Increase for each qualified child in excess of five (where payable) Increase for prescribed relative under section 162(1)(a), 179(a), 195(2), 196(2) or 197(2) (where payable) Increase where the person has attained pensionable age and is living alone (where payable) Increase where the person has attained the age of 80 years (where payable)
(1) (2) (3) (4) (4a) (5) (5a) (6) (7) (8)
£ £ £ £ £ £ £ £ £
1. Unemployment Assistance:
A. Persons other than those at B:
(1) in the case of persons who, in any continuous period of unemployment as construed in accordance with section 135 (2), have been in receipt of unemployment benefit or unemployment assistance for not less than 390 days:
(i) for persons resident in any urban area 37.80 27.20 9.00 10.20 7.90 6.40 — — —
(ii) for persons resident in any other place 36.60 26.60 9.00 10.20 7.90 6.40 — — —
(2) in the case of persons other than those at (1):
(i) for persons resident in any urban area 35.10 25.30 8.40 9.60 7.50 6.00 — — —
(ii) for persons resident in any other place 34.00 24.70 8.40 9.60 7.50 6.00 — — —
B. Persons without an adult dependant and with one or more qualified children—
(1) in the case of persons who, in any continuous period of unemployment as construed in accordance with section 135 (2), have been in receipt of unemployment benefit or unemployment assistance for not less than 390 days:
(i) for persons resident in any urban area 38.10 — 9.00 10.20 7.90 6.40 — — —
(ii) for persons resident in any other place 37.10 — 9.00 10.20 7.90 6.40 — — —
(2) in the case of persons other than those at (1):
(i) for persons resident in any urban area 35.50 — 8.40 9.60 7.50 6.00 — — —
(ii) for persons resident in any other place 34.50 — 8.40 9.60 7.50 6.00 — — —
2. Old Age Pension and Blind Pension 47.10 — 9.60 10.80 8.40 6.70 26.40 3.70 3.50
3. Widows (Non-Contributory) Pension. Deserted Wife's Allowance. Prisoner's Wife's Allowance and Social Assistance Allowance for persons—
(a) aged under 66 years 46.20 — 11.60 12.70 12.70 10.90 — — —
(b) aged over 66 years 47.10 — 11.80 13.00 13.00 11.10 26.40 3.70 3.50
4. Orphan's (Non-Contributory) Pension 26.30 — — — — — — — —
5. Singie Woman's Allowance 40.30 — — — — — — — —
6. Supplementary Welfare Allowance:
(a) Persons other than those at (b) 34.00 24.70 8.40 9.60 7.50 6.00 — — —
(b) Persons without an adult dependant and with one or more child dependants 34.50 — 8.40 9.60 7.50 6.00 — — —

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 23.70
exceed £6 but do not exceed £8 22.70
exceed £8 but do not exceed £10 21.70
exceed £10 but do not exceed £12 20.70
exceed £12 but do not exceed £14 19.70
exceed £14 but do not exceed £16 18.70
exceed £16 but do not exceed £18 17.70
exceed £18 but do not exceed £20 16.70
exceed £20 but do not exceed £22 15.70
exceed £22 but do not exceed £24 14.70
exceed £24 but do not exceed £26 13.70
exceed £26 but do not exceed £28 12.70
exceed £28 but do not exceed £30 11.70
exceed £30 but do not exceed £32 10.70
exceed £32 but do not exceed £34 9.70
exceed £34 but do not exceed £36 8.70
exceed £36 but do not exceed £38 7.70
exceed £38 but do not exceed £40 6.70
exceed £40 but do not exceed £42 5.70
exceed £42 but do not exceed £44 4.70
exceed £44 but do not exceed £46 3.70
exceed £46 but do not exceed £48 2.70
exceed £48 but do not exceed £50 1.70
exceed £50 Nil

”.

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