Social Welfare (Consolidation) Act , 1993

294.—(1) The District Court that made an attachment of earnings order may, if it thinks fit, on the application of the competent attachment of authority, the liable relative, or the District Court clerk on whose application the order was made, make an order discharging or varying that order.

[1992, s. 22]

(2) Where an order varying an attachment of earnings order is made under this section, the employer shall, if it has been served upon him, comply with it, but he shall be under no liability for non-compliance before 10 days have elapsed since the service.

[1992, s. 22]

(3) Where an employer affected by an attachment of earnings order ceases to have the liable relative in his employment, the order shall, in so far as that employer is concerned, lapse (except as respects deductions from earnings paid after the cesser by that employer and payment to the person in whose favour the order was made of deductions from earnings made at any time by that employer).

[1992, s. 22]

(4) The lapse of an order under subsection (3) shall not prevent its remaining in force for other purposes.

295 Cesser.

[1992, s. 22]

295.—(1) An attachment of earnings order shall cease to have effect upon the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge.

[1992, s. 22]

(2) Where an attachment of earnings order ceases to have effect, the clerk or registrar of the Court that made the order shall give notice of the cesser to the employer.

296 Offences.

[1992, s. 22]

296.—(1) When, without reasonable excuse, a person—

(a) fails to comply with subsection (1) or (2) of section 288 or section 291 or an order under section 290 or section 294 (2), or

(b) gives to a court a statement pursuant to section 290 (1), or a notification under section 291, that is false or misleading, or fails to give any statement,

and the competent authority as a result fails to obtain a sum of money due under an attachment of earnings order, that sum may be sued for as a simple contract debt in any court of competent jurisdiction by the competent authority or the District Court clerk to whom such sum falls to be paid, and that court may order the person to pay to the competent authority or the District Court clerk, as appropriate, such amount (not exceeding the sum aforesaid) as in all the circumstances the court considers proper for distribution in such manner and in such amounts as the court may specify to the competent authority for whose benefit the attachment of earnings order was made.

[1992, s. 22]

(2) Where a person gives to a District Court—

(a) a statement pursuant to section 290, or

(b) a notification under section 291,

that is to his knowledge false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

[1992, s. 22]

(3) A person who contravenes section 288 (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

297 Payments under order of court to offset contributions.

[1989, s. 12(1)]

297.—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 286(1) to such benefit or allowance.

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

298.—(1) 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.

[1989, s. 12(1)]

[1992, s. 23(b)]

(2) A person who claims a benefit or allowance may be required by the competent authority to consent to the transfer to the competent authority of payments made to that person in compliance with an order of the court, such transfer to be conditional on the award of benefit or allowance to that person.

[1989, s. 12(1); 1992, s. 23(a)]

(3) Where a person who is in receipt of benefit or allowance fails to comply with the provisions of subsection (1) the benefit or allowance being paid to that person shall be reduced by the amount which that person is liable under subsection (1) to transfer to the Minister.

299 Investigations by health boards.

[1989, s. 12(1); 1992, s. 24]

299.—(1) A health board may investigate into any question arising on or in relation to supplementary welfare allowance granted by the board and may, for the purpose of such investigation, require a liable relative or any employer of any such person to furnish the health board with such information and to produce to the health board for inspection such documents relating to that person as the health board may reasonably require.

[1989, s. 12(1); 1992, s. 24]

(2) Where a liable relative or the employer of any such person fails to comply with the provisions of subsection (1) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or on conviction on indictment to a fine not exceeding £10,000.

PART X COMMENCEMENT, REPEALS AND CONTINUANCE

300 Repeals.

300.—The enactments specified in column (2) of the Fifth Schedule (referred to in this Part as “the repealed enactments”) are hereby repealed to the extent specified in column (3) of that Schedule:

Provided that without prejudice to the Interpretation Act, 1937, the provisions of the repealed enactments shall continue to apply to benefit, assistance, child benefit or family income supplement prior to the commencement of this Act to the same extent as if this Act had not been passed.

301 Continuity of repealed enactments.

301.—The continuity of the operation of the law relating to the matters provided for in the repealed enactments shall not be affected by the substitution of this Act for those enactments, and—

(a) so much of any enactment or document (including enactments contained in this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of this Act, shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments has or had effect, a reference to, or, as the case may be, to things done or falling to be done under or for the purposes of, that corresponding provision;

(b) so much of any enactment or document (including repealed enactments and enactments and documents passed or made after the commencement of this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of the repealed enactments shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to, or, as the case may be, to things done or deemed to be done or falling to be done under or for the purposes of, that corresponding provision.

302 Continuance of instruments, officers and documents.

302.—(1) All officers appointed under the repealed enactments or any enactments repealed by the Social Welfare (Consolidation) Act, 1981, and holding office immediately before the commencement of this Act shall continue in office as if appointed under this Act.

(2) All instruments made and documents issued under the repealed enactments or any enactments repealed by the Social Welfare (Consolidation) Act, 1981, and in force immediately before the commencement of this Act (other than the provisions of any instruments which are incorporated in this Act) shall continue in force as if made or issued under this Act.

303 Continuity of insurance under old codes.

[1981, s. 133(1)]

303.—(1) Regulations may be made, subject to such modifications, additions and exceptions as may be specified, for the purpose of ensuring that persons insured or deemed to be or treated as insured within the prescribed period before the 5th day of January, 1953, under the National Insurance Act, 1911, the Unemployment Insurance Act, 1920, (or any scheme under that Act) or the Widows' and Orphans' Pensions Act, 1935, may continue to be insured under the provisions of Part II or otherwise to preserve the rights conferred on them by virtue of those enactments.

[1981, s. 133(2)]

(2) Regulations under subsection (1) shall, in such manner and subject to such conditions as may be specified, in particular, provide in relation to persons so insured, for modifying the contribution conditions for receipt of benefit under Part II to take account of contributions paid or deemed to be paid or treated as paid under the said enactments and periods of insurance thereunder.

[1981, s. 133(3)]

(3) Without prejudice to any specific power conferred by subsections (1) and (2), regulations may be made for facilitating their operation or the introduction of the system of insurance established by the Social Welfare Act, 1952, including, in particular, regulations providing—

(a) for modifying, as respects the period before the 5th day of January, 1953, any provisions of or made under any enactment repealed or amended by Part V of that Act, or

(b) for making any savings or additional savings from the effect of any repeal or amendment effected by that Act.

304 Commencement.

304.—(1) Subject to this Part, this Act shall come into operation on such day as the Minister may appoint by order.

(2) The provisions of the Sixth Schedule shall come into operation—

[1991, s. 20(2)]

(a) in respect of paragraph 1, 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 that paragraph,

[1993, s. 22(3)]

(b) in respect of paragraph 2, on such day as the Minister may appoint by order,

[1992, s. 47(2)]

(c) in respect of paragraph 3, on such day as the Minister may appoint by order, and

[1993, s. 41]

(d) in respect of paragraph 4, on such day as the Minister may appoint by order.

FIRST SCHEDULE EMPLOYMENTS, EXCEPTED EMPLOYMENTS AND EXCEPTED SELF-EMPLOYED CONTRIBUTORS

PART I Employments

[1981, Sch. 1]

(a) as master or a member of the crew of—

(i) any ship registered in the State, or

(ii) any other ship or vessel of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State, or

(b) as captain or a member of the crew of—

(i) any aircraft registered in the State, or

(ii) any other aircraft of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State.

[S.I. No. 58 of 1988, A. 5]

[1989, s. 17]

PART II Excepted Employments

[1981, Sch. 1]

[1984AM, s. 9]

PART III Excepted Self-Employed Contributors

[1988, s. 12; 1990, s. 37; 1993, s. 21]

(a) by virtue of the provisions of Chapter 2 of Part III is in receipt of unemployment assistance, or

(b) by virtue of the provisions of Chapter 3 of Part III is in receipt of pre-retirement allowance.

(a) allowed by virtue of the provisions referred to in section 33 of the Finance Act, 1975, to be deducted or set off against income in charging it to income tax, or

(b) allowed in accordance with Regulations 59 and 60 of the Income Tax (Employments) Regulations, 1960 (S.I. No. 28 of 1960) (inserted by the Income Tax (Employments) Regulations, 1972 (S.I. No. 260 of 1972)) to be deducted on payment of emoluments or earnings,

is below a prescribed amount.

[1993, s. 3]

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 (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	55.60	35.50	12.80	12.80	—	—	—
2. Death Benefit:
(a) pension payable to a widow (section 60 (2)) or widower (section 60 (6))	79.50	—	16.50	16.50	32.90	4.70	—
(b) pension payable to a parent
(i) reduced rate	35.70	—	—	—	32.90	4.70	—
(ii) maximum rate	79.50	—	—	—	32.90	4.70	—
(c) pension payable to an orphan	41.30	—	—	—	—	—	—
3. Old Age (Contributory) Pension and Retirement Pension:	68.90	43.90	14.90	12.80	32.90	4.70	4.60
additional increase for an adult dependant who has attained pensionable age	—	5.60	—	—	—	—	—
4. Invalidity Pension	60.80	40.10	14.90	12.80	32.90	4.70	4.60
5. Widow's (Contributory) Pension, Deserted Wife's Benefit and Survivor's Benefit	62.60	—	16.50	16.50	32.90	4.70	4.60
6. Orphan's (Contributory) Allowance	39.20	—	—	—	—	—	—

PART II Occupational Injuries Benefits—Gratuities and Grant

Description of Grant	Amount
(1)	(2)
	£
1. Disablement Benefit
Maximum gratuity	5,660
2. Death Benefit:
(a) Widower's gratuity	4,130
(b) Grant in respect of funeral expenses	280

PART III Disablement Pension

Degree of disablement	Weekly rate
(1)	(2)
	£
100 per cent	81.10
90””	73.00
80””	64.90
70””	56.80
60””	48.70
50””	40.50
40””	32.40
30””	24.30
20””	16.20

PART IV Increases of Disablement Pension

Description of Increase	Weekly Rate
(1)	(2)
	£
1. Increase where the person is permanently incapable of work	55.60
2. Increase where the beneficiary requires constant attendance:
(a) limit of increase except in cases of exceptionally severe disablement	32.90
(b) limit in any other case	65.80

[1982, s. 2(1)]

PART V Death Grant

Description of Grant	Amount
(1)	(2)
	£
Death Grant:
(a) in case the deceased person was a qualified child under the age of 5 years	20
(b) in case the deceased person was any other qualified child	60
(c) in any other case	100

THIRD SCHEDULE RULES AS TO CALCULATION OF MEANS

PART I Unemployment Assistance and Pre-Retirement Allowance

[1992, s. 27(1); 1993, s. 13; S.I. No. 76 of 1990, A. 5]

(1) the yearly value ascertained in the prescribed manner of all property belonging to him or to his spouse (not being property personally used or enjoyed by him or by his spouse or a farm of land leased either by him or by his spouse under a lease which was certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or otherwise put to profitable use or is capable of being, but is not, invested or put to profitable use;

(2) all income which he or his spouse may reasonably expect to receive during the succeeding year in cash, whether as contributions to the expenses of the household or otherwise, but excluding—

(a) all moneys earned by his spouse from insurable employment and insurable self-employment,

(b) any moneys received by way of benefit, pension, assistance, allowance or supplement under Part II, III, IV or V,

(c) any income arising from a bonus under a scheme administered by the Minister for the Gaeltacht for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht (as defined in such scheme) of children attending primary schools,

(d) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident,

(e) an amount of an allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, or a combination of such allowances and such pensions so far as such amount does not exceed £80 per year,

(f) any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them,

(g) any income arising from employment of a casual nature by a health board as a home help,

(h) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitationtraining provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

(i) any moneys, except so far as they exceed £104 per year, received by such person or by the spouse of such person in respect of work as an outworker under a scheme that is, in the opinion of the Minister, charitable in character and purpose,

(j) where he or his spouse is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived therefrom as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,

(k) payments by a health board in respect of a child who is boarded out,

(l) any moneys received under a statutory scheme administered by the Minister for Enterprise and Employment in respect of redundancy or by way of financial assistance to unemployed persons changing residence,

(m) such amount as may be prescribed of all moneys earned by him in respect of current personal employment under a contract of service;

(3) the yearly value ascertained in the prescribed manner of any advantage accruing to him or to his spouse from—

(a) the use of property (other than a domestic dwelling or farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by him or by his spouse, and

(b) the leasing by him or by his spouse of a farm of land under a lease which was certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice;

(4) all income and the yearly value ascertained in the prescribed manner of all property of which he or his spouse have directly or indirectly deprived themselves in order to qualify for the receipt of unemployment assistance or pre-retirement allowance, but where such income or the yearly value of the property so ascertained has reduced since the date of calculation, the calculation may be revised, subject to such conditions and in such circumstances as may be prescribed:

Provided that any such regulations shall not cause the income or yearly value of the property taken to be part of the means to be increased;

(5) the yearly value of any benefit or privilege enjoyed by him or by his spouse, including the estimated value to the household in the succeeding year deriving from all income earned by his spouse from insurable employment and insurable self-employment.

PART II Old Age (Non-Contributory), Blind, Widow's and Orphan's (Non-Contributory) Pensions, Deserted Wife's, Prisoner's Wife's, Lone Parent's and Carer's Allowances

[1981, Sch. 3; 1984, s. 9(3)(a); S.I. No. 272 of 1990, As. 13, 15]

(1) the yearly value of any property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him under a lease which was certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use by the person, the yearly value of the property being calculated as follows:

(a) the first £200 of the capital value of the property shall be excluded, and

(b) the yearly value of the next £375 of the capital value of the property shall be taken to be one-twentieth part of the capital value, and

(c) the yearly value of so much of the capital value of the property as exceeds £575 shall be taken to be one-tenth part of the capital value,

but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;

[1990, s. 13]

(2) in the application of paragraph (1) for the purposes of widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance or lone parent's allowance, the following subparagraphs shall be substituted for subparagraphs (a), (b) and (c) of that paragraph:

“(a) the first £200 of the capital value of the property shall be excluded, and

(b) in the case of a lone parent, an additional £100 of the capital value of the property shall be excluded in respect of each qualified child normally residing with the lone parent in respect of whom an increase of allowance is claimable, and

(c) the yearly value of any remainder of the capital value of the property shall be taken to be one-twentieth part of such remainder.”;

[1990, ss. 13, 18(2)]

(3) where, for the purposes of old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance or carer's allowance, the means are or include means assessed in accordance with paragraph (1) or paragraphs (1) and (2), as the case maybe, and the means as so assessed are not less than £52, the means shall be taken to be increased by £52;

[1990, s. 13; 1993, s. 24]

(4) all income in cash (including, in the case of widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance or lone parent's allowance, the net cash value of such non-cash benefits as may be prescribed, and such income received by a qualified child or qualified children as may be prescribed), which the person may reasonably expect to receive during the year succeeding the date of calculation, but excluding—

[1984, s. 9(3)(b)]

(a) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person or a farm of land leased by him under a lease which was certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice),

[1984, s. 16(2)]

(b) any sums received by way of benefit, pension, assistance, allowance or supplement under Part II, III, IV or V,

(c) any income arising from a bonus under a scheme administered by the Minister for Education for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht (as defined in such scheme) of children attending primary schools,

[1990, s. 34(3)]

(d) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident,

[1991, s. 41(3)]

(e) (i) any moneys from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them, and

(ii) any income, other than income of the kind specified in clause (i), from voluntary or gratuitous payments in so far as it does not exceed £52.25 per year,

[1987 (No. 2), s. 18]

(f) any income arising by way of—

(i) infectious diseases maintenance allowance to or in respect of the person or the person's dependants,

[1989, s. 15(3)]

(ii) payments by a health board in respect of a child who is boarded out,

(iii) disabled person's maintenance allowance to the person, or,

(iv) a mobility allowance payable under section 61 of the Health Act, 1970, to the person,

(g) subject to Rule 5, an amount of an allowance, dependent's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, (including, for the purposes of this subparagraph, a British war pension) orof a combination of such allowances and such pensions except so far as such amount exceeds £80 per year,

[1985 (No. 2), s. 18(a)]

(h) in the case of a blind person, his earnings (including wages and profit from any form of self-employment) as a blind person except and in so far as the annual amount of such earnings is calculated to exceed an amount made up as follows—

£312, plus £208 if his spouse is living with or is wholly or mainly maintained by him or, being a single person, widow or widower, is maintaining wholly or mainly a person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with him, plus £104 for each qualified child normally residing with him of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,

(i) any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act, 1920,

[1982, s. 6; 1985 (No. 2), s. 18(b); 1990, s. 13]

(j) in the case of a person who is not a blind person, and who has a qualified child or qualified children who normally resides or reside with him, all earnings derived by him from his personal exertions except and in so far as the annual amount of such earnings is calculated to exceed £104 (or for the purposes of lone parent's allowance, £312) for each such child of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,

[1991, s. 41(3)]

(k) in the case of a person who is not a blind person, any moneys, except so far as they exceed £52 per year, received by the person in respect of employment as an outworker under a scheme that is, in the opinion of the Minister, charitable in character and purpose,

[1991, s. 41(3)]

(l) any income arising from employment of a casual nature by a health board as a home help,

(m) any moneys received under a statutory scheme administered by the Minister for Enterprise and Employment in respect of redundancy or by way of financial assistance to unemployed persons changing residence,

and such income shall, in the absence of other means for ascertaining it, be taken to be that actually received during the year immediately preceding the date of calculation:

[1992, s. 18]

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;

[1984, s. 9(3)(c)]

(5) the yearly value of any advantage accruing to the person from—

(a) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by the person, and

(b) a farm of land leased by the person under a lease which was certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice,

but for the purposes of this Rule a cottage provided under the Labourers Acts, 1883 to 1965, and vested in the person or the spouse of that person pursuant to those Acts or pursuant to the Housing Acts, 1966 to 1984, shall not be treated as property which is personally used or enjoyed by that person or the spouse of that person so long as payment of the purchase annuity has not been completed;

[1990, s. 18(2)(b)]

(6) in the case of carer's allowance, such amount as the Minister determines that the relevant pensioner (as defined in section 163) could reasonably be expected to contribute to the support of the carer but in determining such amount, no account shall be taken of any sums received by the relevant pensioner under Part II, III or IV.

[1992, s. 13(1)]

(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 beneficiary has attained pensionable age, the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary 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 beneficiary.

(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 beneficiary 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) (a) Subject to subparagraph (b), paragraph (1) shall not apply to any assignment—

(i) which is an assignment to a child or children of the assignor, and

(ii) which is an assignment of property consisting of a farm of land (together with or without the stock and chattels thereon) the rateable value of which (including the buildings thereon) does not exceed £30 and of which the assignor is the owner and the occupier or the occupier only.

(b) Subparagraph (a) shall not apply to an assignment by a person who, at any time within the 3 years ending when the relevant claim for a pension or allowance or application for an increase of a pension or allowance is made, was as respects any agricultural lands exceeding £30 in rateable value or aggregate rateable value, the owner and occupier thereof, the occupier only thereof or the owner and occupier of part thereof and the occupier only of the remainder.

(c) In this paragraph “assignment” includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.

[1992, s. 18(b)]

(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.

[1992, s. 18(c)]

(a) the means of the person shall be taken to be one-half of the total means of the couple;

(b) the person shall be deemed to be entitled to one-half of all property to which the person or the other member of the couple is entitled or to which the person and the other member of the couple are jointly entitled;

(c) for the purposes of this Rule, the means of each member of the couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate or carer's allowance, as the case may be) and the total means shall be the sum of the means of each member as so determined;

(d) where one member of the couple dies, nothing which was reckoned for the purposes of pension, or would (if such deceased member had been entitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period previous or part of which was previous to that death.

(2) In paragraph (1) “couple” means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.

(3) In calculating the means of a person who is one of a married couple living apart from his spouse, any sum paid by him to his spouse under a separation order shall be deducted in calculating his means.

[1992, s. 18(d)]

(a) an old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance or lone parent's allowance is in course of payment to or in respect of a person or the spouse of the person or both of them, and

(b) a pension or pensions (in this Rule referred to as “the other pension”), not being a pension or pensions mentioned in paragraph (a), is in course of payment to or in respect of the person or the spouse of the person or both of them,

in calculating the means of the person or of the spouse or of both of them for the purposes of old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance or lone parent's allowance (as the case may require) any portion of the amount of an increase in the other pension or the aggregate increase, where more than one increase in the other pension has occurred, which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount by which the other pension has been increased, shall not be reckoned as means.

[1990, ss. 13, 18(2)]

PART III Supplementary Welfare Allowance

[1981, s. 210(2), (3)]

[1985 (No. 2), s. 17]

(1) all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and the actual or estimated amount of any household income, whether as contributions to the expenses of the household or otherwise, but excluding—

[1986, s. 17]

(a) any sums received by way of child benefit under Part IV,

[1989, s. 15(2)]

(b) payments by a health board in respect of a child who is boarded out,

[1990, s. 34(2)]

(c) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident,

(d) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970,

[1984, s. 9(2)(a)]

(e) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person or a farm of land leased by him under a lease which was certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice),

[1991, s. 41(2)]

(f) any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them, and

[1991, s. 41(2)]

(g) any income arising from employment of a casual nature by a health board as a home help;

[1984, s. 9(2)(b)]

(2) the value of any property belonging to such person (not being property personally used or enjoyed by him or a farm of land leased by him under a lease which was certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or is otherwise put to profitable use or which, though capable of investment or profitable use, is not invested or put to profitable use, the yearly value of the first £400 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of £400 being taken to be one-tenth part of the capital value; and the weekly value of the property being calculated as one fifty-second part of the yearly value so calculated;

[1984, s. 9(2)(c)]

(3) the value of any advantage accruing to such person from—

(a) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by him, and

(b) the leasing by him of a farm of land under a lease which was certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice;

(4) the value of any benefit or privilege enjoyed by such person;

(5) all income and the value of all property of which such person has directly or indirectly deprived himself in order to qualify himself for the receipt of supplementary welfare allowance.

[1993, s. 4]

FOURTH SCHEDULE RATES OF ASSISTANCE

PART I Rates of Periodical Social Assistance and Increases Thereof

Description of assistance	Weekly rate or amount	Increase for adult dependant (where payable)	Increase for each qualified child (where payable)	Increase for prescribed relative (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)
	£	£	£	£	£	£
1. Unemployment Assistance:
(a) in the case of a person to whom section 121 (1) (a) applies	59.20	35.50	12.80
(b) in the case of a person to whom section 121 (1) (b) applies	55.60	35.50	12.80
2. Pre-Retirement Allowance	59.20	35.50	12.80
3. Old Age (non-contributory) Pension and Bund Pension	59.20		12.80	32.90	4.70	4.60
4. Widow's (Non-Contributory) Pension, Deserted Wife's Allowance and Prisoner's Wife's Allowance	59.20			32.90	4.70	4.60
5. Lone Parent's Allowance	59.20		14.90		4.70	4.60
6. Carer's Allowance	59.20		12.80
7. Orphan's (Non-Contributory) Pension	39.20
8. Supplementary Welfare Allowance	55.60	35.50	12.80

PART II Increase of Old Age (Non-Contributory) Pension and Blind Pension for One of a Couple

Means of claimant or pensioner	Weekly rate of increase
	£
Where the weekly means of the claimant or pensioner do not exceed £6	35.50
exceed £6 but do not exceed £8	34.50
exceed £8 but do not exceed £10	33.50
exceed £10 but do not exceed £12	32.50
exceed £12 but do not exceed £14	31.50
exceed £14 but do not exceed £16	30.50
exceed £16 but do not exceed £18	29.50
exceed £18 but do not exceed £20	28.50
exceed £20 but do not exceed £22	27.50
exceed £22 but do not exceed £24	26.50
exceed £24 but do not exceed £26	25.50
exceed £26 but do not exceed £28	24.50
exceed £28 but do not exceed £30	23.50
exceed £30 but do not exceed £32	22.50
exceed £32 but do not exceed £34	21.50
exceed £34 but do not exceed £36	20.50
exceed £36 but do not exceed £38	19.50
exceed £38 but do not exceed £40	18.50
exceed £40 but do not exceed £42	17.50
exceed £42 but do not exceed £44	16.50
exceed £44 but do not exceed £46	15.50
exceed £46 but do not exceed £48	14.50
exceed £48 but do not exceed £50	13.50
exceed £50 but do not exceed £52	12.50
exceed £52 but do not exceed £54	11.50
exceed £54 but do not exceed £56	10.50
exceed £56 but do not exceed £58	9.50
exceed £58 but do not exceed £60	8.50
exceed £60 but do not exceed £62	7.50
exceed £62	Nil

PART III Amounts of Child Benefit

Amount for each of first three children	Amount for each child in excess of three
(1)	(2)
£20.00	£23.00

FIFTH SCHEDULE ENACTMENTS REPEALED

Number and Year	Short Title	Extent of Repeal
(1)	(2)	(3)
No. 1 of 1981	Social Welfare (Consolidation) Act, 1981	The whole Act (other than Part VI).
No. 3 of 1981	Social Welfare (Amendment) Act, 1981	The whole Act.
No. 29 of 1981	Social Welfare (Temporary Provisions) Act, 1981	The whole Act.
No. 2 of 1982	Social Welfare Act, 1982	The whole Act.
No. 23 of 1982	Social Welfare (No. 2) Act, 1982	The whole Act.
No. 6 of 1983	Social Welfare Act, 1983	The whole Act.
No. 5 of 1984	Social Welfare Act, 1984	The whole Act.
No. 27 of 1984	Social Welfare (Amendment) Act, 1984	The whole Act.
No. 5 of 1985	Social Welfare Act, 1985	The whole Act.
No. 14 of 1985	Social Welfare (No. 2) Act, 1985	The whole Act.
No. 8 of 1986	Social Welfare Act, 1986	The whole Act.
No. 2 of 1987	Social Welfare Act, 1987	The whole Act.
No. 29 of 1987	Social Welfare (No. 2) Act, 1987	The whole Act.
No. 7 of 1988	Social Welfare Act, 1988	The whole Act (other than subsection (1) and (4) of section 1, and section 27).
No. 4 of 1989	Social Welfare Act, 1989	The whole Act (other than section 13).
No. 12 of 1989	Social Welfare (No. 2) Act, 1989	The whole Act.
No. 5 of 1990	Social Welfare Act, 1990	The whole Act (other than subsections (1), (3), (4) and (5) of section 1, and sections 15 and 25 to 30).
No. 7 of 1991	Social Welfare Act, 1991	The whole Act (other than section 1(1) and (3), section 2(1) in so far as it relates to the definition of “the Pensions Act”, sections 37, 39 and 46, Part VIII and Schedule C).
No. 5 of 1992	Social Welfare Act, 1992	The whole Act (other than section 1(1), section 2 in so far as it relates to the definition of “the Pensions Act” and Part X).
No. 5 of 1993	Social Welfare Act, 1993	The whole Act (other than section 1(1), section 2(1) in so far as it relates to the definition of “the Pensions Act” and Part VII).

SIXTH SCHEDULE COMMENCEMENT OF CERTAIN PROVISIONS

Amendment of section 96.

[1991, s. 20(1)]

1.—Section 96 of this Act is hereby amended by—

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

“(1) The contribution conditions for invalidity pension are—

(a) that before the relevant date the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his entry into insurance, and

(b) that before the relevant date the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before that date, and

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

(b) the insertion after subsection (6) of the following subsections:

“(7) Subject to subsection (8), regulations may provide for entitling to invalidity pension persons who would be entitled thereto but for the fact that the condition set out in subsection (1) (c) is not satisfied.

(8) Regulations for the purposes of subsection (7) shall provide that 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 with the extent to which the condition set out in subsection (1) (c) is satisfied.”.

Disqualifications — fraudulent claims.

[1993, s. 22(2)]

2.—(1) This Act is hereby amended by the insertion after section 174 of the following section:

“Disqualifications.

174A.—In any case where a person is disqualified for receiving any benefit, assistance or family income supplement in accordance with section 249A or section 213(2A), his needs for the period of disqualification shall be disregarded for the purpose of ascertaining his entitlement to supplementary welfare allowance except in so far as such needs include the need to provide for his adult or child dependants.”.

(2) This Act is hereby amended by the insertion after section 249 of the following section:

“249A.—In the case of a person whose claim for benefit, assistance or family income supplement is disallowed or reduced in accordance with section 249 (a), a deciding officer may, having regard to the circumstances of the case, disqualify that person for receiving any benefit, assistance or family income supplement, as the case may be, for a period of up to 9 weeks and the period of disqualification shall commence—

(a) where any such benefit, assistance or family income supplement is so reduced, on the day on which the revised decision is given, or

(b) in any other case, on the day on which that person subsequently becomes entitled to any benefit, assistance or family income supplement, as the case may be,

and any such period of disqualification shall be treated as though it were a period in respect of which such benefit, assistance or family income supplement, as the case may be, was paid.”.

Amendment of section 179.

[1992, s. 47(1)]

3.—This Act is hereby amended by the substitution for section 179 of the following section:

“Weekly or monthly supplements.

179.—(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).”.

Amendment of section 213.

[1993, s. 27]

4.—Section 213 of this Act is hereby amended by the insertion after subsection (2) of the following subsection:

“(2A) In the case of a person convicted of an offence under this section the period of disqualification applied in accordance with the provisions of section 249A shall be extended to 3 months and the provisions of that section shall be construed and have effect accordingly.”.