Social Welfare Act , 1992

“(e) being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts, 1967 to 1991, has been dismissed by his employer by reason of redundancy, has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of that redundancy under the said Acts or under an agreement with his employer,”, and

(b) the substitution for “failure or neglect” of “failure, neglect or redundancy”.

(2) This section shall come into operation on such day as the Minister may appoint by order.

30 Title to pay-related benefit.

30.—Section 72 of the Principal Act is hereby amended by the substitution for subsection (3) (inserted by section 7 of the Social Welfare Act, 1983) of the following subsection:

“(3) Notwithstanding subsection (1), a person engaged in—

(a) short-time employment, or

(b) employment in a period of interruption of employment, in which for the time being, a number of days is systematically worked in a period of 4 consecutive weeks, which is less than the number of days which was normal in the employment concerned prior to the reduction in the number of days of employment:

Provided that the number of days worked is equal to, or exceeds half of the number of days which would have been normally worked in that four week period,

shall not be entitled to pay-related benefit for any day in respect of which he is entitled to unemployment benefit.”.

31 Unemployment benefit (period of disqualification).

31.—(1) Section 34 of the Principal Act is hereby amended by the insertion after subsection (10) (inserted by section 14 of the Social Welfare Act, 1989) of the following subsection:

“(11) For the purposes of this section, any period in respect of which a person is disqualified for receiving unemployment benefit by virtue of subsection (3) of section 35 shall be treated as though it were a period in respect of which unemployment benefit was paid.”.

(2) Section 35 of the Principal Act is hereby amended by the substitution in subsection (3) of “9 weeks” for “6 weeks”.

PART VIII Disability and Occupational Injury Benefit

32 Qualifying conditions for disability benefit.

32.—(1) Section 19 of the Principal Act is hereby amended by the substitution for subsection (1) (as amended by section 17 of the Act of 1991) of the following subsections:

“(1) The contribution conditions for disability benefit are—

(a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.

(1A) Regulations may provide for entitling to disability benefit, subject to such conditions as may be prescribed, such class or classes of persons as would be entitled thereto but for the fact that the requirement in paragraph (b) of subsection (1) that there must be qualifying contributions in respect of at least 13 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed is not satisfied.”.

(2) Subsection (1) of this section shall come into operation on such day as the Minister may appoint by order.

(3) Subsection (1) of this section shall not apply to any claim for disability benefit where the period of incapacity for work commences before the day appointed for the commencement of that subsection.

(4) Section 19 of the Principal Act is hereby further amended—

(a) by the substitution for subsection (1) (inserted by subsection(1) and in this section referred to as an “existing subsection”) of the following subsection:

“(1) The contribution conditions for disability benefit are—

(a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, and

(c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period.”, and

(b) by the substitution for subsections (4) and (5) (each of which is referred to in this section as an “existing subsection”) of the following subsections:

“(4) Subject to subsection (5), regulations may provide for entitling to disability benefit persons who would be entitled thereto but for the fact that the condition set out in subsection (1) (c) is not satisfied.

(5) Regulations for the purposes of subsection (4) shall provide that benefit 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 with the extent to which the condition set out in subsection (1) (c) is satisfied.”.

(5) Subsection (4) 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 subsections inserted in section 19 of the Principal Act by the subsection and where an order under this subsection relates to part or parts only of the said subsections, the order may provide for the repeal of specified provisions of an existing subsection on a specified day or days.

(6) Section 18 of the Act of 1991 is hereby repealed.

33 Disability benefit (period of disqualification).

33.—Section 22 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:

“(2A) For the purposes of this section, any period in respect of which a person is disqualified for receiving disability benefit by virtue of subsection (1) of section 23 shall be treated as though it were a period in respect of which disability benefit was paid.”.

34 Discontinuance of pay-related benefit for periods of incapacity for work.

34.—(1) Section 72 of the Principal Act is hereby amended by—

(a) the substitution for subsection (1) (as amended by section 11 of the Social Welfare (No. 2) Act, 1987) of the following subsection:

“(1) Subject to this Chapter, a person who had reckonable earnings in the relevant income tax year shall be entitled to pay-related benefit in respect of any day which is a day of unemployment which forms part of a period of interruption of employment and in respect of which the person is entitled to unemployment benefit and which is not earlier than the 19th day of unemployment in the period of interruption of employment.”, and

(b) the deletion of subsection (2).

(2) Section 73 (as amended by section 16 of the Act of 1991 and section 9) of the Principal Act is hereby amended by the deletion of “, for any part of that period up to the 393rd day of incapacity for work or”.

(3) The Principal Act is hereby amended by the substitution for section 74 of the following section:

“74. (1) In any period of interruption of employment a person shall not be entitled to pay-related benefit in respect of any day of unemployment after the 393rd day of unemployment in that period.

(2) In calculating for the purposes of section 73 and this section whether, in a period of interruption of employment, a person has had a specified number of days of unemployment, account shall be taken of only the first 18 days of unemployment in that period and any day of unemployment in that period in respect of which that person was entitled to pay-related benefit or would have been so entitled but for any condition prescribed for the purposes of section 73.”.

(4) This section shall come into operation on such day as the Minister may appoint by order.

(5) This section shall not apply to any period of interruption of employment in respect of incapacity for work in respect of which a person is in receipt of disability benefit (or would be in receipt of disability benefit but for the fact that injury benefit is payable to the person) and which commences before the date appointed for the commencement of this section.

35 Injury benefit (weekly rates).

35.—(1) Part I (inserted by section 3 of the Act of 1991) of the Second Schedule to the Principal Act is hereby amended by the substitution for “£65” of “£50” in column (2) at reference 3.

(2) Subsection (1) shall come into operation on the 6th day of April, 1992.

(3) Notwithstanding subsection (1) of this section or section 3, in the case of a person who is entitled to or in receipt of injury benefit immediately before the 6th day of April, 1992, the weekly rate of injury benefit (exclusive of any increase thereof) shall be £65 for the injury benefit period.

PART IX Miscellaneous

36 Carer's allowance.

36.—Section 198G (1) of the Principal Act is hereby amended by the substitution for the definition of “relevant pensioner” (inserted by section 8 of the Act of 1991) of the following definition:

“‘relevant pensioner’ means a person (other than a person in receipt of a payment in respect of need for constant attendance under section 46) who is so incapacitated as to require full-time care and attention, and who—

(a) is in receipt of—

(i) old age (contributory) pension,

(ii) invalidity pension,

(iii) old age (non-contributory) pension,

(iv) blind pension,

(v) a maintenance allowance under section 69 of the Health Act, 1970, or

(vi) a payment corresponding to a pension referred to in subparagraph (i) to a person who has attained pensionable age, or in subparagraph (ii) from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, or

(b) is in receipt of a retirement pension or who has attained the age of 65 years and is in receipt of a payment corresponding to a retirement pension from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, where such person was, immediately prior to the receipt of such pension, in receipt of invalidity pension or a payment corresponding to an invalidity pension from another Member State of the European Communities or under such a reciprocal arrangement, or

(c) who has attained pensionable age and is in receipt of—

(i) death benefit by way of widow's or widower's pension,

(ii) death benefit by way of parent's pension,

(iii) retirement pension,

(iv) widow's (contributory) pension,

(v) deserted wife's benefit,

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

(vii) deserted wife's allowance,

(viii) prisoner's wife's allowance,

(ix) lone parent's allowance, or

(x) a payment corresponding to a pension referred to in subparagraph (i), (ii), (iii) or (iv) from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307;”.

37 Integration of single woman's allowance scheme with preretirement allowance scheme.

37.—(1) The Principal Act is hereby amended by the repeal of—

(a) paragraph (i) of section 134 (1), and

(b) section 198.

(2) Notwithstanding Chapter 2A of Part III of the Principal Act and regulations made thereunder, where, immediately before the day appointed for the commencement of this section, a woman, who has not attained pensionable age, is in receipt of single woman's allowance by virtue of section 198 of the Principal Act, pre-retirement allowance shall be payable to her from the day so appointed at the same rate as the said single woman's allowance which is payable to her immediately before the day so appointed:

Provided that she continues to satisfy the conditions as to means prescribed for the purposes of Chapter 2A of Part III of that Act.

(3) For the purposes of subsection (2) a woman who is in receipt of single woman's allowance immediately before the day appointed for the commencement of this section shall be deemed—

(a) to be retired within the meaning of regulations made for the purposes of section 156C (2) (c) of the Principal Act, and

(b) to have complied with the requirement contained in section 156A (b) of that Act.

(4) Any decision made by a deciding officer or by an appeals officer in relation to the award of a single woman's allowance to a woman prior to the day appointed for the commencement of this section shall be deemed to be a decision to award pre-retirement allowance to such person on and from such appointed day.

(5) Where, immediately before the day appointed for the commencement of this section, a woman has applied for a single woman's allowance, and that application has not been finally determined, preretirement allowance shall be payable to her at the same rate as the single woman's allowance which, but for this section, would have been payable to her.

(6) Where, on the commencement of this section, a single woman is of or over the age of 56 years and under the age of 58 years, she shall, if she has not already qualified for pre-retirement allowance, be deemed for the purposes of the pre-retirement allowance—

(a) to be retired within the meaning of regulations made for the purposes of section 156C (2) (c) of the Principal Act, and

(b) to have complied with the requirement contained in section 156A (b) of that Act,

when she attains the age of 58 years.

(7) This section shall come into operation on such day as the Minister may appoint by order.

38 Amendment of section 44 of Principal Act.

38.—Section 44 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) Subsections (1) and (2) shall, for any period for which the beneficiary is entitled to unemployability supplement, apply to a disablement pension as they apply to injury benefit.”.

39 Family income supplement (regulations).

39.—Section 232F (inserted by section 13 of the Social Welfare Act, 1984) of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) The Minister may by regulations vary—

(a) the amounts specified in section 232B, and

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

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

40 Clarification of section 300 (5) (aa) of Principal Act (revised decisions).

40.—For the avoidance of doubt, the provisions of paragraph (aa) (inserted by section 35 of the Act of 1991) of section 300 (5) of the Principal Act shall apply to new facts or new evidence relating to periods prior to and subsequent to the commencement of that paragraph.

41 Administration of social welfare schemes.

41.—(1) The Minister may delegate to such persons as may be prescribed, any function in relation to the administration of any benefit, pension, assistance, allowance or supplement payable under the Principal Act as may be prescribed and any such delegation shall be subject to such conditions and in such circumstances as may be prescribed.

(2) Regulations made under this section may apply to the whole State or to a specified part or parts of the State.

42 Selection of panels of assessors to sit with appeals officers.

42.—Section 298 of the Principal Act is hereby amended by the substitution for paragraph (b) (as amended by section 19 of the Act of 1990) of subsection (12) of the following paragraph:

“(b) The Chief Appeals Officer may constitute, on the basis of districts or otherwise as he considers appropriate, panels of persons to sit as assessors with appeals officers and members may be selected in such manner as he may determine from such panels to so sit when any questionwhich, in the opinion of the Chief Appeals Officer, is appropriate for the assistance of assessors is heard.”.

43 Additional increases of lone parent's allowance to certain persons.

43.—Section 198C (inserted by section 12 of the Act of 1990) of the Principal Act is hereby amended by the insertion after subsection I (2) of the following subsection:

“(3) The weekly rate of lone parent's allowance shall be increased—

(a) by the amount set out in column (7) of Part I of the Fourth Schedule where the person entitled to the allowance has attained pensionable age and is living alone, and

(b) by the amount set out in column (8) of Part I of the Fourth Schedule where the person entitled to the allowance has attained the age of 80 years.”.

44 Disqualification for entitlement to benefit where person is convicted of an offence.

44.—(1) Section 115 (1) of the Principal Act is hereby amended by the substitution for subparagraph (i) (as amended by section 31 of the Social Welfare Act, 1989) of paragraph (f) of the following subparagraph:

“(i) A person convicted of an offence under this subsection in relation to a benefit shall be disqualified for the receipt of any benefit, or any assistance (other than supplementary welfare allowance), or family income supplement for a period of 3 months immediately following the date of the conviction and such period of disqualification shall be treated as if it were a period in respect of which any such benefit, assistance or supplement was paid.”.

(2) This section shall not apply where the date of conviction occurs before the commencement of this Act.

45 Increase of fine under section 227 of Principal Act.

45.—Section 227 of the Principal Act is hereby amended by the substitution in subsection (3) (as amended by section 17 of the Social Welfare Act, 1986) of “£1,000” for “£5”.

46 Recoupment of supplementary welfare allowance.

46.—The Principal Act is hereby amended by the substitution for section 215B (inserted by section 44 of the Act of 1991) of the following section:

“Recoupment of supplementary welfare allowance.

215B.—Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person who, though entitled to any other benefit, pension, assistance, allowance or supplement under this Act (in this section referred to as ‘relevant payment’), is not in receipt of such relevant payment, and

(b) such supplementary welfare allowance is in excess of the amount which would have been granted to that person if hehad been in receipt of such relevant payment, and

(c) the health board has certified to the Minister the amount (in this section referred to as ‘the excess’) so paid in excess in respect of the said period by such health board,

the Minister may reduce any such benefit, pension, assistance, allowance or supplement, which is or may become payable to such person during the relevant continuous period of entitlement to the said benefit, pension, assistance, allowance or supplement, by the amount of the excess and such amount shall be treated as having been paid on account of the relevant payment.”.

47 Amendment of section 209 of Principal Act.

47.—(1) The Principal Act is hereby amended by the substitution for section 209 of the following section:

“Weekly or monthly supplements.

209.—(1) Subject to this Chapter, in the case of a person whose means are insufficient to meet his needs, regulations may provide for a weekly or monthly payment to supplement that person's income.

(2) Regulations under subsection (1) may prescribe the class or classes of persons to whom and the conditions and circumstances under which a payment under subsection (1) may be made and the amount of such a payment (either generally or in relation to a particular class or classes of persons).”.

(2) This section shall come into operation on such day as the Minister may appoint by order.

48 Amendment of section 28 of Act of 1991 (information required by Minister).

48.—Section 28 of the Act of 1991 is hereby amended by the insertion after “For the purpose of” of “controlling and” and the said section, as so amended, is set out in the Table to this section.

TABLE

28.—For the purposes of controlling and investigating entitlement to any benefit, pension, assistance, allowance or supplement under the Principal Act or under schemes administered by or on behalf of the Minister for Social Welfare, the Minister may require such persons as may be prescribed to provide him with such information in relation to such persons or classes of persons as the Minister may determine and any person so prescribed shall be required to provide such information as may be required.

49 Amendment of section 4 of Social Welfare (No. 2) Act, 1985 (amounts of increases payable in respect of qualified child normally resident with beneficiary).

49.—Section 4 of the Social Welfare (No. 2) Act, 1985, is hereby amended by—

(a) the deletion in subsection (1) of “Subject to subsection (2),”, and

(b) the deletion of subsection (2).

50 Family income supplement (treating claims as having been made on a date earlier than date of receipt of claim).

50.—(1) The Principal Act is hereby amended by the insertion after section 232F (inserted by section 13 of the Social Welfare Act, 1984, and amended by section 39) of the following section:

“Receipt of claims.

232G.—(1) Regulations may provide for treating a claim for family income supplement as having been made on a date earlier than the date on which it is received, where it appears to the Minister that the claimant would have satisfied the conditions for entitlement to family income supplement during that period, but for the receipt by that person of unemployment benefit or unemployment assistance.

(2) Where—

(a) in respect of any period any unemployment benefit or unemployment assistance has been paid to or in respect of a person who, though entitled to family income supplement by virtue of subsection (1), is not in receipt of such supplement, and

(b) such benefit or assistance is in excess of the amount which would have been granted to that person if he had been in receipt of family income supplement,

the Minister may reduce any such supplement which is or may become payable to such person by the amount of the excess and such amount shall be treated as having been paid on account of the family income supplement.”.

(2) Section 130 (inserted by section 43 of the Act of 1991) of the Principal Act is hereby amended by the substitution for subsection (6) of the following subsection:

“(6) Where, but for this subsection, family income supplement and—

(a) unemployment benefit, or

(b) retirement pension, or

(c) unemployment assistance, or

(d) pre-retirement allowance,

would be payable to or in respect of a person in respect of the same period, only one shall be paid.”.

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

51.—The following shall be subject to the sanction of the Minister for Finance—

(a) regulations for the purposes of section 19 (1A), 29 (1A), 100 (1) (bb), 100 (5), 136 (1), 137 (5) or 232G (1) of the Principal Act or Rule 2 (3) of the Third Schedule to that Act,

(b) regulations for the purposes of section 41.

52 Saving for certain instruments and documents.

52.—An instrument or document—

(a) that—

(i) is made or issued under a provision of the Principal Act that is amended by this Act, or

(ii) relates to such a provision and is continued in force by section 312 of the Principal Act as if made or issued under that Act,

and

(b) that is in force immediately before the commencement of the amendment,

shall continue in force as if made or issued under the provision as so amended.

PART X Amendments to Pensions Act

53 Amendment of section 2 of Pensions Act.

53.—Section 2 of the Pensions Act is hereby amended—

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

“‘member’, in relation to a scheme, means, subject to section 62, any person who, having been admitted to membership under the rules of the scheme, remains entitled to any benefit under the scheme in respect of a period of service whilst employed within the State;”,

(b) by the substitution for the definition of “occupational pension scheme” of the following definition:

“‘occupational pension scheme’ means any scheme or arrangement—

(a) which is comprised in one or more instruments or agreements, and

(b) which provides or is capable of providing in relation to employees in any description of employment within the State, benefits, and

(c) (i) which has been approved of by the Revenue Commissioners for the purpose of Chapter II of Part I of the Finance Act, 1972, or

(ii) the application for approval of which under Chapter II of Part I of the Finance Act, 1972, is being considered, or

(iii) which is a statutory scheme to which section 17 of the Finance Act, 1972, applies, or

(iv) which is a scheme other than a scheme specified in subparagraph (i), (ii) or (iii) and where the benefits are paid in whole or in part out of moneys provided from the Central Fund or moneys provided by the Oireachtas;”, and

(c) the substitution for the definition of “reckonable service” of the following definition:

“‘reckonable service’ means the aggregate of every period of service in the relevant employment during membership of—

(a) the scheme,

(b) every other scheme relating to the same employment where accrued rights from such other scheme have been transferred to the scheme,

but does not include service as a member of a scheme where either—

(i) the only benefit thereunder is in respect of death prior to normal pensionable age, or

(ii) the member has been notified in writing by the trustees that such service does not entitle him to long service benefit:

Provided that no such period, or part thereof, shall be counted more than once;”.

54 Preserved benefit.

54.—(1) Section 29 (7) of the Pensions Act is hereby amended by the insertion after “another scheme,” of the following:

“where such accrued rights result from the termination of the employment to which that scheme applies,”.

(2) Section 30 (6) of the Pensions Act is hereby amended by the insertion after “another scheme,” of the following:

“where such accrued rights result from the termination of the employment to which that scheme applies,”.

(3) Section 37 (3) of the Pensions Act is hereby amended by the insertion after paragraph (b) of the following paragraph:

“(c) a member's service in relevant employment may be treated as terminated or not terminated.”.

(4) Section 38 (2) of the Pensions Act is hereby amended by the insertion in paragraph (b) after “Part,” of the following:

“or

(c) whether a member's service in relevant employment may be treated as terminated for the purposes of this Part.”.

55 Amendment of section 34 of Pensions Act.

55.—Section 34 (2) of the Pensions Act is hereby amended by the substitution for paragraph (b) of the following paragraph:

“(b) in the case of a defined contribution scheme, to the accumulated value of the appropriate contributions under the scheme in respect of the member, such value to be determined on a date not later than 3 months following the date of the receipt of the application:

Provided that where benefits under such a scheme are secured under one or more policies of assurance, the accumulated value of the appropriate contributions shall be the proportion of the proceeds of every such policy applicable to those contributions.”.

56 Amendment of section 46 of Pensions Act.

56.—Section 46 of the Pensions Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) In completing an actuarial funding certificate, the actuary—

(a) in addition to complying with the other provisions of this Part, shall have regard to such financial or other assumptions as he considers to be appropriate on the effective date of the certificate, and

(b) notwithstanding anything contained in the rules of a relevant scheme, may assume that the liabilities of the scheme on winding up could have been provided by applying all or part of the resources of the scheme in the making of—

(i) a payment to another scheme, or

(ii) one or more payments falling to be made under policies or contracts of assurance that are effected on behalf of the member with one or more undertakings (within the meaning of the Insurance Act, 1989) and that are approved of by the Revenue Commissioners under Chapter II of Part I of the Finance Act, 1972,

such payment or payments to be equal to the actuarial value of the benefits specified in subparagraphs (i), (ii) and (iii) of section 44 (a), and the percentage of the benefits specified in section 44 (a) (iv).”.

57 Amendment of section 48 of Pensions Act.

57.—The Pensions Act is hereby amended by the substitution for section 48 of the following section:

“Priorities on winding up of relevant scheme.

48.—Notwithstanding anything contained in the rules of a relevant scheme that is being wound up—

(a) the resources of the scheme being wound up shall be applied on the winding up to secure—

(i) firstly, the continued payment of the benefits specified in paragraph 1 of the Third Schedule to or in respect of those persons who, at the date of the winding up, were in receipt of such benefits, and

(ii) secondly, the benefits specified in paragraphs 2 and 3 of the Third Schedule to or in respect of those members of the scheme who, at the date of the winding up, were within the categories referred to in those paragraphs,

before discharging any other liabilities of the scheme:

Provided that the expenses, fees and costs relating to and associated with the winding up of the scheme shall be payable in priority to any other claims on the scheme, and

(b) the trustees may apply, without the consent of the member concerned, all or part of the resources of the scheme—

(i) in the making of a payment to another scheme, or

(ii) in the making of one or more payments falling to be made under policies or contracts of assurance that are effected on behalf of the member with one or more undertakings (within the meaning of the Insurance Act, 1989) and that are approved by the Revenue Commissioners under Chapter II of Part I of the Finance Act, 1972,

such payment or payments to be equal to the actuarial value of the benefits payable under the rules of the scheme on the winding up, subject always to paragraph (a).”.

58 Amendment of section 55 of Pensions Act.

58.—Section 55 of the Pensions Act (as amended by section 62 of the Act of 1991) is hereby amended by the insertion after subsection (1) of the following proviso:

“Provided that where the period selected by the trustees is altered, a report prepared for a period other than a year, such period not to exceed 23 months, shall, with the approval of the Board, be regarded as an annual report for the purposes of this section.”.

59 Amendment of section 56 of Pensions Act.

59.—Section 56 of the Pensions Act (as amended by section 63 of the Act of 1991) is hereby amended by the insertion after subsection (4) of the following subsection:

“(4A) For the purposes of subsection (4) a firm appointed by its firm name to be the auditor of a scheme shall be deemed to be an appointment of a person who shall from time to time during the currency of the appointment be a partner in that firm as from time to time constituted and who is qualified to be an auditor of that scheme.”.

60 Amendment of section 62 of Pensions Act.

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

“(2) Regulations under this section—

(a) shall determine the circumstances in which a person, or category of persons, who, having been admitted to membership of the scheme and remaining entitled to any benefit under the scheme, is or are to be regarded for the purposes of this section as being a member or members of the scheme,

(b) may specify the manner in which decisions of members of schemes, and the selection of persons for appointment as trustees of schemes by the members of schemes, for the purpose of subsection (1) shall be made,

(c) may make such other provision as the Minister considers necessary or expedient for the purpose of this section and for enabling it to have full effect.”.

61 Repeals.

61.—The following provisions of section 69 of the Pensions Act are hereby repealed—

(a) paragraph (d) of subsection (1), and

(b) subsection (3).

62 Amendment of section 71 of Pensions Act.

62.—Section 71 of the Pensions Act is hereby amended by the 30 substitution for subsection (3) of the following subsection:

“(3) Where, on commencement of this Part, any rule of a scheme is rendered null and void by subsection (1), then, during such period as may be prescribed, beginning on such commencement and not being longer than 6 years (or in the case of retirement ages, a period not being longer than 25 years) nothing in this Part shall preclude rights or obligations, relating to a period of membership in that scheme prior to the 17th day of May, 1990, from remaining subject to the provisions of the scheme in force during that period of membership.”.

63 Amendment of Third Schedule to Pensions Act.

63.—The Third Schedule to the Pensions Act is hereby amended by—

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

“1. The benefits for the purposes of this paragraph shall be all future benefits payable under the rules of the schemeto or in respect of a person in receipt of such benefits as at the effective date of the certificate, but excluding all future increases in such benefits which are not of a contractual nature.”,

(b) the substitution for subparagraph (b) of paragraph 3 of the following paragraph:

“(b) in the case of a member of that scheme then in relevant employment, the greater of—

(i) preserved benefits (including future revaluations thereof and those benefits payable on the death of the member entitled to preserved benefit) calculated in accordance with the provisions of Part III, and

(ii) the long service benefits payable under the rules of the scheme in respect of reckonable service completed after the commencement of Part IV but prior to the effective date of the certificate,

calculated as if the member's service in relevant employment has terminated on the effective date of the certificate but disregarding any provision requiring the completion of a minimum period of qualifying service which may prevent the member concerned from acquiring an entitlement to benefit on termination of such employment.”, and

(c) the substitution in clause (i) (II) of paragraph 4 (b) (as amended by section 64 of the Act of 1991) for “the benefits” of “the long service benefits”.

SCHEDULE A

PART I

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, Unemployment Benefit and Injury Benefit	53.00	34.30	12.50	12.50	—	—	—
2. Maternity Allowance	53.00	—	12.50	12.50	—	—	—
3. Death Benefit:
(a) pension payable to a widow (section 50 (2)) or widower (section 50 (6))	76.80	—	16.20	16.20	31.80	4.50	—
(b) pension payable to a parent
(i) reduced rate	34.50	—	—	—	31.80	4.50	—
(ii) maximum rate	76.80	—	—	—	31.80	4.50	—
(c) pension payable to an orphan	39.90	—	—	—	—	—	—
4. Old Age (Contributory) Pension and Retirement Pension:	66.60	42.40	14.60	12.50	31.80	4.50	—4.40
additional increase for an adult dependant who has attained pensionable age	—	5.40	—	—	—	—	—
5. Invalidity Pension	58.70	38.70	14.60	12.50	31.80	4.50	4.40
6. Widow's (Contributory) Pension and Deserted Wife's Benefit	60.50	—	16.20	16.20	31.80	4.50	4.40
7. Orphan's (Contributory) Allowance	37.90	—	—	—	—	—	—

PART II

	£
1. Disablement Benefit:
Maximum gratuity	5,470
2. Death Benefit:
(i) Widower's gratuity	3,990
(ii) Grant in respect of funeral expenses	270

PART III

Degree of disablement	Weekly rate
(1)	(2)
	£
100 per cent	78.40
90””	70.60
80””	62.70
70””	54.90
60””	47.00
50””	39.20
40””	31.40
30””	23.50
20””	15.70

PART IV

	£
1. Increase where the person is permanently incapable of work	53.00
2. Increase where the beneficiary requires constant attendance:
(a) limit of increase except in cases of exceptionally severe disablement	31.80
(b) limit in any case	63.60

”.

SCHEDULE B

PART I

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 a person to whom section 137 (1) (a) applies	57.20	34.30	12.50	12.50	—	—	—
(b) in the case of a person to whom section 137 (1) (b) applies	53.00	34.30	12.50	12.50	—	—	—
2. Pre-Retirement Allowance	57.20	34.30	12.50	12.50	—	—	—
3. Old Age Pension and Blind Pension	57.20	—	12.50	12.50	31.80	4.50	4.40
4. Widow's (Non-Contributory) Pension, Deserted Wife's Allowance and Prisoner's Wife's Allowance	57.20	—	—	—	31.80	4.50	4.40
5. Lone Parent's Allowance	57.20	—	14.60	14.60	—	4.50	4.40
6. Carer's Allowance	53.00	—	12.50	12.50	—	—	—
7. Orphan's (Non-Contributory) Pension	32.50	—	—	—	—	—	—
8. Single Woman's Allowance	57.20	—	—	—	—	—	—
9. Supplementary Welfare Allowance	53.00	34.30	12.50	12.50	—	—	—

PART III

Means of claimant or pensioner	Weekly rate of increase
	£
Where the weekly means of the claimant or pensioner do not exceed £6	34.30
exceed £6 but do not exceed £8	33.30
exceed £8 but do not exceed £10	32.30
exceed £10 but do not exceed £12	31.30
exceed £12 but do not exceed £14	30.30
exceed £14 but do not exceed £16	29.30
exceed £16 but do not exceed £18	28.30
exceed £18 but do not exceed £20	27.30
exceed £20 but do not exceed £22	26.30
exceed £22 but do not exceed £24	25.30
exceed £24 but do not exceed £26	24.30
exceed £26 but do not exceed £28	23.30
exceed £28 but do not exceed £30	22.30
exceed £30 but do not exceed £32	21.30
exceed £32 but do not exceed £34	20.30
exceed £34 but do not exceed £36	19.30
exceed £36 but do not exceed £38	18.30
exceed £38 but do not exceed £40	17.30
exceed £40 but do not exceed £42	16.30
exceed £42 but do not exceed £44	15.30
exceed £44 but do not exceed £46	14.30
exceed £46 but do not exceed £48	13.30
exceed £48 but do not exceed £50	12.30
exceed £50 but do not exceed £52	11.30
exceed £52 but do not exceed £54	10.30
exceed £54 but do not exceed £56	9.30
exceed £56 but do not exceed £58	8.30
exceed £58 but do not exceed £60	7.30
exceed £60	nil

”.