SOCIAL WELFARE ACT, 1991

• “(3) In this section ‘spouse’ means—

  • (a) each person of a married couple who are living together, or

  • (b) a man and woman who are not married to each other but are cohabiting as man and wife.”.

47 Family income supplement (interpretation).

47.—(1) The Principal Act is hereby amended by the substitution for section 232A (inserted by section 13 of the Act of 1984) of the following section:

“Interpretation.

232A.—In this Part—

‘child’, in relation to a family, means a qualified child as defined in section 2 (1) who normally resides with that family;

‘couple’ means a married couple or a man and woman who are not married to each other but are cohabiting as man and wife;

‘family’ means—

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

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

• (c) a child or children;

‘family income supplement’ shall be construed in accordance with section 232B;

‘spouse’ means each person of a couple in relation to the other;

‘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.”.

• (2) This section shall come into operation on the 24th day of October, 1991.

48 Definition of “spouse”.

48.—(1) Section 4 of the No. 2 Act of 1985 is hereby amended by the insertion after subsection (2) of the following subsection:

• “(3) In this section ‘spouse’ means—

  • (a) each person of a married couple who are living together, or

  • (b) a man and woman who are not married to each other but are cohabiting as man and wife.”.

• (2) Section 11 of the No. 2 Act of 1985 is hereby amended by the insertion after subsection (2) of the following subsection:

• “(3) In this section ‘spouse’ means—

  • (a) each person of a married couple who are living together, or

  • (b) a man and woman who are not married to each other but are cohabiting as man and wife.”.

• (3) Section 198I of the Principal Act (inserted by section 17 of the Act of 1990) is hereby amended by the insertion after subsection (4) of the following subsection:

• “(5) In this section ‘spouse’ means—

  • (a) each person of a married couple who are living together, or

  • (b) a man and woman who are not married to each other but are cohabiting as man and wife.”.

49 Requalification for unemployment benefit.

49.—(1) Section 34 (4) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

• “(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to that benefit, and”.

• (2) This section shall not apply to a person who, on the 11th day of April, 1991, has been in receipt of unemployment benefit for more than 155 days in a period of unemployment.

50 Entitlement to unemployment benefit and assistance.

50.—(1) Section 29 (1) of the Principal Act is hereby amended by the substitution for paragraph (b) of the following paragraphs:

• “(b) he satisfies the contribution conditions in section 30, and

• (c) he proves unemployment in the prescribed manner.”.

• (2) Section 138 (1) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

• “(a) that he is unemployed and has made application for unemployment assistance in the prescribed manner and proves unemployment in the prescribed manner;”.

• (3) This section shall come into operation on such day or days as the Minister may appoint by order or orders and different days may be so appointed for different provisions of this section.

51 Disregarding of means for certain recipients of unemployment assistance.

51.—(1) In the application of the provisions of section 140 (1) (b) (inserted by section 25 of the Act of 1988) of the Principal Act in the case of such persons or classes of persons as may be prescribed, regulations may provide for disregarding in such manner as may be prescribed any part of a claimant's means, up to an amount not exceeding £2.

• (2) The Minister may, notwithstanding the provisions of regulations made pursuant to subsection (1) to disregard means of up to £2 in the case of certain persons or classes of persons, apply the provisions of section 140 (1) (b) to such persons or classes of persons at any time.

• (3) Any regulations made under subsection (1) may be so framed as to apply to the whole State or to part or parts only of the State.

52 Linking period in unemployment assistance claims.

52.—(1) Section 135 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

• “(2) For the purposes of this Chapter, any 3 days of unemployment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a continuous period of unemployment, and any two such periods not separated by more than 52 weeks shall be treated as one continuous period of unemployment, and continuously unemployed shall be construed accordingly.”.

• (2) Subsection (2) of section 150 of the Principal Act is hereby amended by the substitution of “52 weeks” for “20 weeks”.

53 Notification of increase of means.

53.—Section 172 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

• “(1) Where—

  • (a) a person is in receipt of old age pension or has made a claim for pension which has not been finally determined, and

  • (b) (i) the income in cash of the person, or

    • (ii) the amount of property belonging to or personally used or enjoyed by the person,

    has increased since the date of the latest investigation thereof or, if no such investigation has taken place, since the date of making the claim, the person shall, before the expiration of the period of three months after the end of the month in which such increase occurred, give, or cause to be given, to the Minister notification of the increase.”.

54 Budgeting in relation to social welfare payments.

54.—(1) The Minister may make regulations to provide that where a recipient of any benefit, pension, assistance, allowance or supplement under the Principal Act consents, an amount of such benefit, pension, assistance, allowance or supplement which is determined by consultation and agreement between the Minister and the said recipient may be withheld and paid separately by the Minister to such specified body as may be designated by the recipient.

• (2) Regulations made under subsection (1) may, in particular and without prejudice to the generality of that subsection—

• (a) provide for the withdrawal of consent by a recipient,

• (b) provide for the time and manner in which such withdrawal shall take place, and

• (c) provide for the adjustment of any amount of benefit, pension, assistance, allowance or supplement as a result of such withdrawal.

• (3) In this section a “specified body” means a local authority (for the purposes of the Local Government Act, 1941), or any other body established—

• (a) by or under any enactment (other than the Companies Acts, 1963 to 1990), or

• (b) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under other enactments, and financed wholly or partly by means of moneys provided or loans made or guaranteed by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body.

55 Duration of payment of disability benefit.

55.—(1) Section 22 of the Principal Act is hereby amended by the substitution for subsection (1) (as amended by section 23 of the Act of 1988) of the following subsections:

• “(1) Where a person—

  • (a) has qualifying contributions in respect of less than 260 contribution weeks in the period between his entry into insurance and any day of incapacity for work, and

  • (b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not) during the period beginning on the date three years immediately prior to that day, to disability benefit for 312 days,

  he shall not be entitled to disability benefit for that day unless since the last of the said 312 days and before that day he has requalified for benefit.

• (1A) Notwithstanding subsection (1), where in any period a person has exhausted his entitlement to disability benefit he shall not requalify therefor unless he satisfies the conditions set out in subsection (2).”.

• (2) This section shall apply to any claim for disability benefit which is received on or after the 8th day of April, 1991.

56 Assessment of means.

56.—Paragraph (4) (as amended by section 13 of the Act of 1990) of Rule 1 of the Third Schedule to the Principal Act is hereby amended by the insertion after “personal exertions” of “and also including such other non-cash benefits and such income received by a qualified child or qualified children as may be prescribed”.

57 Sanction of Minister for Finance in relation to certain regulations.

57.—Section 3 (4) of the Principal Act is hereby amended by the substitution in paragraph (a) for “19 (4)” of “19 (1) (4)”, for “30 (4)” of “30 (1) (4)”, for “79 (7) (9)” of “78 (5) (6), 79 (7) (9) (14)”, for “84 (3) (4)” of “83 (6) (7), 84 (3) (4) (6)”, and for “89 (4)” of “89 (1) (4)”.

58 Repeals.

58.—Each provision of the Principal Act mentioned in column (1) of Schedule D to this Act is hereby repealed to the extent specified in column (2) of that Schedule opposite the mention of that provision in column (1).

59 Regulations in relation to benefit or assistance.

59.—The Minister may make regulations in relation to any benefit, pension, assistance, allowance or supplement under the Principal Act and the regulations may apply (with or without modification) or make provisions corresponding (with or without modification) to any provisions of, or regulations under, the Principal Act.

PART VIII Amendments to Pensions Act

60 Borrowing by Board.

60.—The Pensions Act is hereby amended by the insertion after section 20 of the following section:

“Borrowing by Board.

20A.— The Board may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Board or otherwise), including money in a currency other than the currency of the State, subject to the consent of the Minister and the Minister for Finance and to such conditions as they may determine.”.

61 Amendment of section 37 of Pensions Act.

61.—Section 37 of the Pensions Act is hereby amended by the insertion of the following subsection after subsection (4):

• “(5) This Part shall not apply to a scheme established under the Defence Forces (Pensions) Acts, 1932 to 1975.”.

62 Amendment of section 55 of Pensions Act.

62.—Section 55 of the Pensions Act is hereby amended by the substitution for subsection (2) of the following subsection:

• “(2) Subsection (1) of this section shall not apply to—

  • (a) a scheme, the only benefit under which is in respect of death prior to normal pensionable age, or

  • (b) a scheme, the members of which have been notified in writing by the trustees that service by a member in the relevant employment after the date of the notification does not entitle the member to long service benefit.”.

63 Amendment of section 56 of Pensions Act.

63.—Section 56 of the Pensions Act is hereby amended by the substitution for subsection (6) of the following subsection:

• “(6)

  • (a) Subsection (1) and paragraphs (a) and (b) of subsection (2) shall not apply to—

    • (i) a scheme that is not a funded scheme, or

    • (ii) a scheme, the only benefit under which is in respect of death prior to normal pensionable age, or

    • (iii) a scheme, the members of which have been notified in writing by the trustees that service by a member in relevant employment after the date of the notification does not entitle the member to long service benefit under the scheme.

  • (b) Paragraph (c) of subsection (2) shall not apply to—

    • (i) a scheme that is a defined contribution scheme, or

    • (ii) a scheme that is not a funded scheme, or

    • (iii) a scheme the only benefit under which is in respect of death prior to normal pensionable age, or

    • (iv) a scheme, the members of which have been notified in writing by the trustees that service by a member in relevant employment after the date of the notification does not entitle the member to long service benefit under the scheme.”.

64 Amendment of Third Schedule to Pensions Act.

64.—Paragraph 4 (b) of the Third Schedule to the Pensions Act is hereby amended—

• (a) by the substitution in clause (i) of “clause (ii)” for “clause (iii)”, and

• (b) by the substitution for clauses (ii) and (iii) of the following clause:

• “(ii) in the case of a defined benefit scheme where the rate or amount of part of the long service benefit payable thereunder is directly determined by an amount of contribution paid by or in respect of the member of the scheme—

  • (I) in so far as it relates to such part of the long service benefit, a benefit whose actuarial value is equal to the then accumulated value of the contributions paid by or in respect of the member of the scheme for the purpose of long service benefit prior to the commencement of Part IV, and

  • (II) in so far as it relates to the remaining part of long service benefit, a benefit calculated in accordance with clause (i).”.

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 each of first and second qualified children (where payable)	Increase for each qualified child in excess of two (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)	Increase where the person has attained the age of 80 years (where payable)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
	£	£	£	£	£	£	£
1. Disability Benefit and Unemployment Benefit	50.00	33.00	12.00	12.00	—	—	—
2. Maternity Allowance	50.00	—	12.00	12.00	—	—	—
3. Injury Benefit	65.00	33.00	12.00	12.00	—	—	—
4. Death Benefit:
(a) pension payable to a widow (section 50 (2)) or widower (section 50 (6))	73.80	—	15.60	15.60	30.60	4.30	—
(b) pension payable to a parent
(i) reduced rate	33.20	—	—	—	30.60	4.30	—
(ii) maximum rate	73.80	—	—	—	30.60	4.30	—
(c) pension payable to an orphan	38.40	—	—	—	—	—	—
5. Old Age (Contributory) Pension and Retirement Pension:	64.00	40.80	14.00	12.00	30.60	4.30	4.20
additional increase for an adult dependant who has attained pensionable age	—	5.20	—	—	—	—	—
6. Invalidity Pension	56.40	37.20	14.00	12.00	30.60	4.30	—
7. Widow's (Contributory) Pension and Deserted Wife's Benefit	58.20	—	15.60	15.60	30.60	4.30	4.20
8. Orphan's (Contributory) Allowance	36.40	—	—	—	—	—	—

PART II

Occupational Injuries Benefits—Gratuities and Grant

	£
1. Disablement Benefit:
Maximum gratuity	5,260
2. Death Benefit:
(i) Widower's gratuity	3,840
(ii) Grant in respect of funeral expenses	260

PART III

Disablement Pension

Drgree of disablement	Drgree of disablement	Drgree of disablement	Weekly rate
(1)	(1)	(1)	(2)
100	per	cent	75.40
90	”	”	67.90
80	”	”	60.30
70	”	”	52.80
60	”	”	45.20
50	”	”	37.70
40	”	”	30.20
30	”	”	22.60
20	”	”	15.10

PART IV

Increases of Disablement Pension

”.

SCHEDULE B

“Fourth Schedule Rates of Assistance

Section 4.

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 each of first and second qualified children (where payable)	Increase for each qualified child in excess of two (where payable)	Increase for prescribed relative under section 162(1)(a), 179(a), 195(2) or 196(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)	(5)	(6)	(7)	(8)
	£	£	£	£	£	£	£
1. Unemployment Assistance:
(a) 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	55.00	33.00	12.00	12.00	—	—	—
(b) in the case of persons other than those at (a)	50.00	33.00	12.00	12.00	—	—	—
2. Pre-Retirement Allowance	55.00	33.00	12.00	12.00	—	—	—
3. Old Age Pension and Blind Pension	55.00	—	12.00	12.00	30.60	4.30	4.20
4. Widow's (Non-Contributory) Pension, Deserted Wife's Allowance and Prisoner's Wife's Allowance .	55.00	—	—	—	30.60	4.30	4.20
5. Lone Parent's Allowance	55.00	—	14.00	14.00	30.60	4.30	4.20
6. Carer's Allowance	50.00	—	12.00	12.00	—	—	—
7. Orphan's (Non-Contributory) Pension	31.20	—	—	—	—	—	—
8. Single Woman's Allowance	55.00	—	—	—	—	—	—
9. Supplementary Welfare Allowance	50.00	33.00	12.00	12.00	—	—	—

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	28.00
exceed £6 but do not exceed £8	27.00
exceed £8 but do not exceed £10	26.00
exceed £10 but do not exceed £12	25.00
exceed £12 but do not exceed £14	24.00
exceed £14 but do not exceed £16	23.00
exceed £16 but do not exceed £18	22.00
exceed £18 but do not exceed £20	21.00
exceed £20 but do not exceed £22	20.00
exceed £22 but do not exceed £24	19.00
exceed £24 but do not exceed £26	18.00
exceed £26 but do not exceed £28	17.00
exceed £28 but do not exceed £30	16.00
exceed £30 but do not exceed £32	15.00
exceed £32 but do not exceed £34	14.00
exceed £34 but do not exceed £36	13.00
exceed £36 but do not exceed £38	12.00
exceed £38 but do not exceed £40	11.00
exceed £40 but do not exceed £42	10.00
exceed £42 but do not exceed £44	9.00
exceed £44 but do not exceed £46	8.00
exceed £46 but do not exceed £48	7.00
exceed £48 but do not exceed £50	6.00
exceed £50 but do not exceed £52	5.00
exceed £52 but do not exceed £54	4.00
exceed £54 but do not exceed £56	3.00
exceed £56 but do not exceed £58	2.00
exceed £58	nil

”.

SCHEDULE C

SCHEDULE D Repeals of Principal Act

Footnotes