LegalizeSOCIAL WELFARE ACT, 1992
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
1 amending act · 1993-11-09, SOCIAL WELFARE (CONSOLIDATION) ACT, 1993
“(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
“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, 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
Occupational Injuries Benefits—Gratuities and Grant
£ 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
Disablement Pension
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
Increases of Disablement Pension
| £ | |
| 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
“Fourth Schedule
Rates of Assistance
PART I
Rates of Periodical Social Assistance and Increases Thereof
Description of assistance, pension or allowance Weekly rate or amount Increase for adult dependant (where payable) Increase for 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
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 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 ”.
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