Social Welfare Act , 1992

PART I Preliminary

1 Short title, construction and collective citation.

1.—(1) This Act may be cited as the Social Welfare Act, 1992.

(2) The Social Welfare Acts, 1981 to 1991, and this Act, other than Part X shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1992.

2 Definitions.

2.—In this Act—

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

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

“the Act of 1990” means the Social Welfare Act, 1990;

“the Act of 1991” means the Social Welfare Act, 1991;

“the Pensions Act” means the Pensions Act, 1990.

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 1991 and amended by subsection (1) of section 35) 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 disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 27th day of July, 1992,

(b) in so far as it relates to unemployment benefit, deserted wife's benefit, invalidity pension and retirement pension, on the 30th day of July, 1992,

(c) in so far as it relates to death benefit under section 50, 51 or 52 of the Principal Act, old age (contributory) pension, survivor's benefit, widow's (contributory) pension and orphan's (contributory) allowance, on the 31st day of July, 1992.

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 1991) 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 supplementary welfare allowance, on the 27th day of July, 1992,

(b) in so far as it relates to unemployment assistance, on the 29th day of July, 1992,

(c) in so far as it relates to pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, single woman's allowance, lone parent's allowance (other than lone parent's allowance payable in respect of a widow or widower) and carer's allowance, on the 30th day of July, 1992, and

(d) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension, lone parent's allowance payable in respect of a widow or widower and orphan's (non-contributory) pension, on the 31st day of July, 1992.

5 Invalidity pension (increase where pensioner has attained age of 80 years).

5.—(1) Section 91 of the Principal Act is hereby amended by the insertion after subsection (5) (inserted by section 16 of the Act of 1981) of the following subsection:

“(6) The weekly rate of invalidity pension shall be increased by £4.20 where the beneficiary has attained the age of 80 years.”.

(2) Subsection (1) shall come into operation on the 9th day of April, 1992.

(3) Section 91 of the Principal Act is hereby further amended by the substitution for subsection (6) (inserted by subsection (1)) of the following subsection:

“(6) The weekly rate of invalidity pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”.

(4) Subsection (3) shall come into operation on the 30th day of July, 1992.

6 Family income supplement (new weekly rates).

6.—(1) The Principal Act is hereby amended by the substitution for section 232B (inserted by section 7 of the Act of 1991) of the following section:

“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, £155, or

(b) in the case of a family which includes two children, £175, or

(c) in the case of a family which includes three children, £195, or

(d) in the case of a family which includes four children, £215, or

(e) in the case of a family which includes five children, £240, or

(f) in the case of a family which includes six children, £260, or

(g) in the case of a family which includes seven children, £277, or

(h) in the case of a family which includes eight or more children, £294.”.

(2) This section shall come into operation on the 30th day of July, 1992.

7 Pay-related social insurance contributions (increase in earnings ceilings).

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

(a) the substitution in paragraph (c) of “£20,300” for “£19,300” (inserted by section 12 of the Act of 1991), and

(b) the substitution in paragraph (cc) of “£19,000” for “£18,000” (inserted by section 12 of the Act of 1991).

(2) This section shall come into operation on the 6th day of April, 1992.

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

8.—(1) Section 17C (inserted by section 13 of the Act of 1991) of the Principal Act is hereby amended by the substitution in paragraph (d) of “£19,000” for “£18,000”.

(2) This section shall come into operation on the 6th day of April, 1992.

9 Pay-related benefit.

9.—(1) Section 73 of the Principal Act is hereby amended by the substitution of “£78” for “£75” (inserted by section 16 of the Act of 1991).

(2) This section shall have effect in relation to any period of interruption of employment commencing on or after the 6th day of April, 1992.

PART III Pension Schemes

10 Old age (contributory) pension (alternative method of determining yearly average).

10.—(1) Section 78 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) In this Chapter—

‘yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either—

(a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of July, 1953, in case the claimant is a woman, or

(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of July, 1953, in the case of a woman),

(whichever is the later) and ending at the end of the last complete contribution year before the date of his attaining pensionable age;

‘alternative yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining pensionable age.”.

(2) Section 79 of the Principal Act is hereby amended by—

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

“(c) that the claimant has a yearly average or an alternative yearly average of not less than 48.”, and

(b) the substitution for subsections (7) and (8) of the following subsections:

“(7) Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48.

(8) Regulations under subsection (7) shall provide that old age (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 81 (1) or section 81 (2) shall be the same as if the claimant had a yearly average of not less than 48.”

(3) This section shall apply only in the case of a person who attains pensionable age on or after the 6th day of April, 1992.

11 Retirement pension (alternative method of determining yearly average).

11.—(1) Section 83 of the Principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

“(4) In this Chapter—

‘yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either—

(a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of July, 1953, in case the claimant is a woman, or

(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of July, 1953, in the case of a woman),

(whichever is the later) and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years;

‘alternative yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years.”

(2) Section 84 of the Principal Act is hereby amended by—

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

“(c) that the claimant has a yearly average or an alternative yearly average of not less than 48.”, and

(b) the substitution for subsections (4) and (5) of the following subsections:

“(4) Subject to subsection (5), regulations may provide for entitling to retirement pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48.

(5) Regulations under subsection (4) shall provide that retirement pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 86 (1) or section 86 (2) shall be the same as if the claimant had a yearly average of not less than 48.”

(3) This section shall apply only in the case of a person who attains the age of 65 years on or after the 6th day of April, 1992.

12 Widow's (contributory) pension (extension of automatic entitlement).

12.—Section 92 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) Subject to this Act, a widow shall be entitled to a widow's (contributory) pension—

(a) if the contribution conditions set out in section 93 are satisfied by her or by her husband's insurance, or

(b) if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 81 (1) or section 86 (1) in respect of a period ending on his death, or

(c) if her husband would have been entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 81 (1) or section 86 (1), but for the receipt by that woman of a pension under Chapter 3 of Part III or a carer's allowance under Chapter 5B of Part III in her own right, in respect of a period ending on his death.”.

13 Proceeds derived from sale of pensioner's principal residence exempt from assessment of means.

13.—(1) The Third Schedule to the Principal Act is hereby amended by the substitution for Rule 1A (inserted by section 35 of the Act of 1990 and in this section referred to as the “existing Rule”) of the following Rule:

“1A. (1) Notwithstanding the provisions of this Schedule, for the purposes of old age pension, the gross proceeds derived from the sale of the principal residence of the claimant or pensioner, or, in the case of a married couple who are living together, the spouse of the claimant or pensioner where such spouse has attained pensionable age, shall not, subject—

(a) to such limit,

(b) to such conditions,

(c) in such circumstances, and

(d) for such periods,

as shall be prescribed, be taken into account in calculating the means of the claimant or pensioner.

(2) Notwithstanding the provisions of this Schedule, for the purposes of—

(a) widow's (non-contributory) pension,

(b) deserted wife's allowance,

(c) prisoner's wife's allowance, or

(d) lone parent's allowance,

where the claimant or recipient has attained pensionable age, the gross proceeds derived from the sale of the principal residence of the claimant or recipient shall not, subject—

(i) to such limit,

(ii) to such conditions,

(iii) in such circumstances, and

(iv) for such periods,

as may be prescribed, be taken into account in calculating the means of the claimant or recipient.

(3) In this Rule ‘gross proceeds derived from the sale of the principal residence’ means—

(a) the agreed sale price of the residence, or

(b) where the claimant or pensioner purchases alternative accommodation, the difference between the agreed sale price of the former residence and the agreed purchase price of the replacement residence.

(4) Paragraphs (1) and (2) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.”.

(2) Subsection (1) 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 the coming into operation of the subsection as respects different provisions of the Rule inserted in the Third Schedule to the Principal Act by the subsection and where an order under this subsection relates to part or parts only of that Rule, the order may provide for the repeal of specified provisions of the existing Rule on a specified day or days.

14 Living alone circumstances to be specified in regulations.

14.—Section 2 (2) of the Principal Act is hereby amended by the insertion after paragraph (d) of the following paragraph:

“(e) the circumstances in which a person is to be regarded as living alone shall be specified in regulations.”.

15 Orphan's pension schemes.

15.—(1) Section 2 (1) of the Principal Act is hereby amended by—

(a) the substitution for the definition of “orphan” of the following definition:

“‘orphan’ means a qualified child—

(a) both of whose parents are dead, or

(b) one of whose parents is dead or unknown, as the case may be, and whose other parent—

(i) is unknown, or

(ii) has abandoned him, or

(iii) has refused or failed to provide for him,

where that child is not normally residing with a step-parent or with a person who is married to and living with that step-parent;”, and

(b) the substitution for subparagraph (ii) of paragraph (b) of the definition of “qualified child” (inserted by section 6 of the Act of 1991) of the following subparagraph:

“(ii) sections 50 (9), 52 (1), 81 (2), 86 (2), 91 (2), 95 (1), 96, 103 (1), 156B (1) (b), 161 (1), 178 (1), 182 (1), 198C (1), 1981(1) and 232A, and”.

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

(a) subsection (4) of section 52, and

(b) subsection (3) of section 97.

16 Increases for qualified children.

16.—(1) Section 50 of the Principal Act is hereby amended by the substitution for subsection (9) (inserted by section 2 of the Social Welfare Act, 1982) of the following subsection:

“(9) The weekly rate of pension under subsection (2) or (6) shall be increased by the appropriate amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

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

(a) subsection (5) of section 81,

(b) subsection (5) of section 86,

(c) subsection (5) of section 91,

(d) subsection (3) of section 100, and

(e) the definition of “qualified child” in section 157.

17 Definition of “spouse” in relation to certain pensions.

17.—The Principal Act is hereby amended by—

(a) the insertion in section 157 (as amended by section 7 of the Social Welfare Act, 1989 and section 16 of this Act) before the definition of “weekly means” of the following definition:

“‘spouse’ means each person of a married couple who are living together or a man and woman who are not married to each other but are cohabiting as man and wife;”, and

(b) the insertion in paragraph (d) (inserted by section 15 of the Social Welfare (No. 2) Act, 1985) of section 162 (1) after “or this Part” of “, subject to the restriction that the pensioner shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person”.

18 Amendment of Third Schedule to Principal Act (rules as to calculation of means).

18.—The Third Schedule to the Principal Act is hereby amended by—

(a) the insertion after paragraph (4) of Rule 1 of the following proviso:

“Provided that, where such income is attributable to a period prior to the year immediately preceding the date of calculation but is received in a subsequent year, it shall be regarded for the purposes of this paragraph as having been received in the year to which it is attributable.”,

(b) the insertion after paragraph (2) of Rule 2 of the following paragraph:

“(3) In the case of a person to whom paragraph (1) applies, where the income or the yearly value of the property taken to be part of his means for the purposes of that paragraph has reduced since the date of calculation, the calculation may be revised, subject to such conditions and in such circumstances as may be prescribed, but regulations made under this paragraph shall not cause the income or the yearly value of the property taken to be part of his means to be increased.”,

(c) the substitution for Rule 3 (as amended by section 18 of the Act of 1990) of the following Rule: