SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

• (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

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

PART III Amounts of Child Benefit

FIFTH SCHEDULE ENACTMENTS REPEALED

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.”.

Footnotes