Social Welfare Act , 1989

PART I Preliminary

1 Short title, construction and collective citation.

1.—(1) This Act may be cited as the Social Welfare Act, 1989.

(2) The Social Welfare Acts, 1981 to 1988, and this Act shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1989.

2 Definitions.

2.—In this Act—

“the Act of 1988” means the Social Welfare Act, 1988;

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

“the Social Welfare Acts” means the Principal Act and every enactment, whether passed before or after this Act, which is to be construed with it as one Act.

PART II Increases

3 Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 3 of the Act of 1988) of the Second Schedule thereto 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 unemployment benefit, on the 20th day of July, 1989,

(b) in so far as it relates to disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 24th day of July, 1989,

(c) in so far as it relates to deserted wife’s benefit, invalidity pension and retirement pension, on the 27th day of July, 1989, and

(d) 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 28th day of July, 1989.

4 Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I and III (inserted by section 4 of the Act of 1988) of the Fourth Schedule thereto 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, on the 19th day of July, 1989,

(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 27th day of July, 1989,

(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 28th day of July, 1989,

(d) in so far as it relates to supplementary welfare allowance, on the 24th day of July, 1989,

(e) in so far as it relates to pre-retirement allowance, on the commencement of section 28 of the Act of 1988,

(f) in so far as it relates to widower’s (non-contributory) pension, on the commencement of section 198A (inserted by section 6 (1) (a) of this Act) of the Principal Act, and

(g) in so far as it relates to deserted husband’s allowance, on the commencement of section 198B (inserted by section 6 (1) (b) of this Act) of the Principal Act.

5 Child benefit.

5.—(1) Section 225 of the Principal Act is hereby amended by the substitution for subsection (1) (inserted by section 3 (6) of the Social Welfare Act, 1982, and as amended by section 17 of the Social Welfare Act, 1986) of the following subsection:

“(1) Subject to this Part and the regulations thereunder, a person who is qualified for child benefit shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly benefit of the amount set out in column (1) of Part IV of the Fourth Schedule in respect of each of the first four qualified children and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of four.”.

(2) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part IV (inserted by section 17 of the Social Welfare Act, 1986) of the following Part:

“PART IV

Amount for each of first four children	Amount for each child in excess of four
(1)	(2)
£15.05	£21.75

”.

(3) This section shall come into operation on the 3rd day of October, 1989.

6 Widower’s (non-contributory) pension and deserted husband’s allowance.

6.—(1) The Principal Act is hereby amended—

(a) by the insertion after section 198 of the following section:

Widower’s (non-contributory) pension.

198A.—(1) A widower’s (non-contributory) pension shall, subject to regulations, be paid to a widower who has at least one qualified child residing with him and who satisfies the conditions as to means for entitlement to widow’s (non-contributory) pension under Chapter 4 of Part III.

(2) The rate of a widower’s (non-contributory) pension payable to a person shall be the same as the rate of a widow’s (non-contributory) pension payable to a widow under Chapter 4 of Part III.

(3) A widower who has remarried shall not for the purposes of this section be regarded as the widower of his former wife.

(4) The Minister may make regulations in relation to widower’s (non-contributory) pension and the regulations may apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of, or regulations under, this 35 Act.”,

(b) by the insertion after section 198A (inserted by paragraph (a) of this subsection) of the following section:

“Deserted husband’s allowance.

198B.—(1) A deserted husband’s allowance shall, subject to regulations, be paid to a man who—

(a) has been deserted by his wife,

(b) has at least one qualified child residing with him, and

(c) satisfies the conditions as to means for entitlement to a widow’s (non-contributory) pension under Chapter 4 of Part III.

(2) The rate of a deserted husband’s allowance payable to a person shall be the same as the rate of a widow’s (non-contributory) pension payable to a widow under Chapter 4 of Part III.

(3) The Minister may make regulations in relation to deserted husband’s allowance and the regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the circumstances in which a man is to be regarded for the purposes of this section as having been deserted by his wife,

(b) apply (with or without modification) or make provisions corresponding (with or without modification) to, any provisions of, or regulations under, this Act, and

(c) in applying the provisions of section 300, provide, notwithstanding anything contained in that section, that in any case in which a deserted husband’s allowance is, by virtue of a revised decision given by a deciding officer or an appeals officer, disallowed or reduced, such amount as the Minister may direct of any of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.”, and

(c) by the insertion in subsection (1) (as amended by section 28 of the Act of 1988) of section 134 (which relates to the description of assistance) after paragraph (k) of the following paragraphs:

“(l) widower’s (non-contributory) pension,

(m) deserted husband’s allowance.”.

(2) This section shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to one or more of the paragraphs of subsection (1) and different days may be so fixed for each, or part of each, of those paragraphs.

7 Definition of “qualified child”.

7.—(1) Section 2 (1) of the Principal Act is hereby amended by the substitution for the definition of “qualified child” of the following definition:

“‘qualified child’ means a person who is ordinarily resident in the State, is not detained in a reformatory or an industrial school, and—

(a) for the purposes of—

(i) sections 21 (2), 26A (1) and 32 (2),

(ii) section 44 (2) as it applies to injury benefit, and

(iii) section 139 (b) in the case of an applicant for unemployment assistance other than as referred to in paragraph (b),

is under the age of 18 years,

(b) for the purposes of—

(i) section 44 (2) as it applies to disablement pension,

(ii) sections 81 (2), 86 (2), 91 (2), 156B (1) (b) and 161 (1), and

(iii) section 139 (b) in the case of an applicant who, in any continuous period of unemployment as construed in accordance with section 135 (2), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days—

(I) is under the age of 18 years, or

(II) is of or over the age of 18 years and under the age of 19 years, and is receiving full-time instruction by day at any university, college, school or other educational establishment,

(c) for the purposes of sections 50 (9), 95 (1), 103 (1), 178 (1), 195 (1), 196 (1), 197 (1), 198A and 198B—

(i) is under the age of 18 years, or

(ii) is of or over the age of 18 years and under the age of 21 years, and is receiving full-time instruction by day at any university, college, school or other educational establishment;”.

(2) The following provisions of the Principal Act are hereby repealed—

(a) section 50 (10),

(b) the definition of “qualified child” contained in section 92 (5),

(c) section 157 (a), and

(d) the definition of “qualified child” contained in section 176 (1).

(3) This section shall come into operation on the 1st day of September, 1989, except that in so far as it relates to the definition of “qualified child” (inserted by subsection (1) of this section) in section 2 (1) of the Principal Act for the purposes of section 139 (b) of that Act it shall come into operation on the 30th day of August, 1989.

8 Pay-related social insurance contributions (increase in earnings ceiling).

8.—(1) Section 10 of the Principal Act is hereby amended—

(a) by the substitution in paragraph (b) of subsection (1) of “paragraphs (c), (cc) and (d)” for “paragraphs (c) and (d)”,

(b) by the substitution for paragraph (c) (inserted by section 6 of the Act of 1988) of subsection (1) of the following paragraphs:

“(c) Where in a particular contribution year an employed contributor’s reckonable earnings have amounted to the sum of £18,000 and contributions under paragraph (b) (ii) 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 by his employer in that contribution year.

(cc) Where in a particular contribution year an employed contributor’s reckonable earnings have amounted to the sum of £16,700 and contributions under paragraph (b) (i) 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 by the employed contributor in that contribution year.”,

(c) by the substitution in paragraph (a) of subsection (2) of “sums” for “sum” and “paragraphs (c) and (cc) of subsection (1)” for “subsection (1) (c)” and the said paragraph (a) as so amended is set out in the Table to this subsection, and

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

“(b) When making regulations under this subsection to vary the sum specified in subsection (1) (cc) the Minister shall take into account any changes in the average earnings of workers in the transportable goods industries so recorded by the Central Statistics Office since the date by reference to which the sum specified in subsection (1) (cc) was last determined.”.

TABLE

(a) The Minister may by regulations vary the sums specified in paragraphs (c) and (cc) of subsection (1) and such variation shall take effect from the beginning of the contribution year following that in which the regulations are made.

(2) Section 11 of the Principal Act is hereby amended by the substitution in paragraph (c) of subsection (1) of “section 10 (1) (cc)” for “section 10 (1) (c)”.

(3) Section 2 (1) of the Principal Act is hereby amended by the substitution in the definition of “qualifying contribution” (inserted by section 10 of the Act of 1988) of “section 10 (1) (c) or (cc)” for “section 10 (1) (c)”.

(4) This section shall come into operation on the 6th day of April, 1989.

9 Self-employment contributions (increase in earnings ceiling).

9.—(1) Section 17C (d) (inserted by section 11 of the Act of 1988) of the Principal Act is hereby amended by the substitution of “£16,700” for “£16,200”.

(2) Section 17D (2) (inserted by section 11 of the Act of 1988) of the Principal Act is hereby amended by the substitution of “the amount specified in section 17C (d)” for “£16,200”.

(3) Subsection (1) of this section shall come into operation on the 6th day of April, 1989.

10 Pay-related benefit.

10.—(1) Section 73 (as amended by section 8 of the Act of 1988) of the Principal Act is hereby amended by the substitution for “£66” of “£69”.

(2) This section shall have effect in relation to any period of incapacity for work and any period of interruption of employment commencing on or after the 3rd day of April, 1989.

11 Discontinuance of non-urban rates of unemployment assistance.

11.—(1) The following provisions of the Principal Act are hereby repealed—

(a) subsections (3) and (4) of section 135,

(b) section 155, and

(c) section 156.

(2) Section 136 (3) of the Principal Act (which relates to the conditions to be fulfilled by a person applying for a qualification certificate) is hereby amended by the substitution in paragraph (c) (inserted by section 9 of the Social Welfare (No. 2) Act, 1985) of “reference 1 (a)” for “reference 1A (1) (i)” in both places where it occurs.

(3) This section shall come into operation on the 19th day of July, 1989.

PART III Liability to Maintain Family

12 Insertion of Part X in Principal Act (Liability to maintain family), repeals.

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

“PART X

Interpretation.

314.—(1) In this Part—

‘the Act of 1976’ means the Family Law (Maintenance of Spouses and Children) Act, 1976 (as amended or extended by any subsequent enactment whether passed before or after this Act);

‘allowance’ means deserted wife’s allowance under section 195, supplementary welfare allowance under section 200 or deserted husband’s allowance under section 198B;

‘benefit’ means deserted wife’s benefit under section 100;

‘competent authority’ in relation to deserted wife’s benefit, deserted wife’s allowance, and deserted husband’s allowance means the Minister and in relation to supplementary welfare allowance means the health board which granted that allowance to a recipient;

‘order of the Court’ means a maintenance order, a lump sum order, an attachment of earnings order, a variation order or an interim order, under the Act of 1976.

(2) Every reference in this Part to a person who is liable to maintain another person shall be construed as meaning a person who by virtue of section 315 is liable to maintain such other person.

Liability to maintain family.

315.—For the purposes of sections 100, 195, 200 and 198B and without prejudice to any obligations imposed by law or otherwise, the following provisions shall have effect, that is to say—

(a) a man shall be liable to maintain—

(i) his wife, and

(ii) any child of his, being a child who is under the age of 18 years or (save for the purposes of section 200) who is of or over that age and under the age of 21 years and is receiving full time education or instruction by day at any university, college, school or other educational establishment, and

(b) a woman shall be liable to maintain—

(i) her husband, and

(ii) any child of hers, being a child who is under the age of 18 years or (save for the purposes of section 200) who is of or over that age and under the age of 21 years and is receiving full time education or instruction by day at any university, college, school or other educational establishment.

Contribution towards benefit or allowance.

316.—(1) Where a benefit or allowance is paid to any recipient, every person who is liable to maintain that recipient or to maintain any child in respect of whom an increase in such benefit or allowance is granted, shall be liable to contribute to the competent authority such amount as that authority may determine to be appropriate towards such benefit or allowance.

(2) Where a person who is liable to contribute under subsection (1) fails or neglects to contribute, the competent authority may apply to the District Court for an order directing the person liable to contribute to make such contribution towards the benefit or allowance.

(3) The competent authority, before making an application to the District Court under subsection (2), shall serve notice of the application on the person liable to contribute.

(4) Where the District Court is satisfied that, at the time of the hearing of an application by the competent authority under subsection (2), the person liable to contribute had failed or neglected to make the contribution required under subsection (1) and was able to contribute to the benefit or allowance granted, the District Court shall fix the amount of the contribution to be made by the person so liable and shall order the payment thereof to the competent authority by way of such payments as the Court shall think proper.

Payments under order of Court to offset contributions.

317.— Where an order of the Court has been granted to a person who is in receipt of a benefit or allowance, the payments made under that order shall offset either in whole or part, as the competent authority may determine, contributions due by the person liable to contribute pursuant to section 316 (1) to such benefit or allowance.

Recipient of benefit or allowance to transfer to competent authority payments under order of Court.

318.—(1) Subject to subsection (2), a person who is in receipt of a benefit or allowance shall be liable to transfer to the competent authority payments made to that person in compliance with an order of the Court.