SOCIAL WELFARE ACT, 1993

• (4) Any proceedings to recover assistance due to the Minister as a debt due to the State under subsection (3) of section 300F of the Principal Act (inserted by section 31 of this Act) shall be maintainable against the estate of a deceased person if brought at any time within the period of two years commencing on the date on which the notice and the schedule of assets under paragraph (a) of subsection (1) is received by the Minister or within any other period fixed in any other enactment, whichever is the longer.

• (5) The Principal Act is hereby amended by the repeal of—

• (a) subsections (3), (3A), (3B) (inserted by section 33 of the Act of 1991) and (4) of section 174, and

• (b) subsection (11) (inserted by section 34 of the Act of 1991) of section 169.

35 Duration of payment of disability benefit.

35.—(1) Section 8 (6) of the Social Welfare Act, 1987, is hereby amended by the substitution in paragraph (b) for “period of entitlement to disability benefit” of “period of interruption of employment in respect of incapacity for work”.

• (2) Section 8 of the No. 2 Act of 1987 is hereby amended by the substitution in subsection (2) for “period of entitlement to disability benefit” of “period of interruption of employment in respect of incapacity for work”.

36 Entry into insurance.

36.—(1) Section 2 (1) of the Principal Act is hereby amended by the substitution for the definition of “entry into insurance” of the following definition:

“‘entry into insurance’ means, subject to sections 16, 79 (11) and 93 (6) and Chapters 7 and 8 of Part II, in relation to any person, the date on which he became an insured person;”.

• (2) Section 16 of the Principal Act is hereby amended by the substitution for subsection (5) (inserted by section 25 of the Act of 1991) of the following subsection:

• “(5) For the purposes of this section in the case of a person to whom Part IV of the Social Welfare Act, 1991, applies, ‘entry into insurance’ shall have the meaning assigned to it by section 78 (4) or (5).”.

• (3) Section 79 of the Principal Act is hereby amended by the substitution for subsection (11) of the following subsection:

• “(11) Where a person, other than in the case of a person to whom Part IV of the Social Welfare Act, 1991, applies, becomes an employed contributor by virtue of section 65 (1) and would not, apart from that section, be an employed contributor, his entry into insurance by virtue of that section shall be deemed not to be an entry into insurance for the purposes of subsection (1) of this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of paragraph (a) of section 5.”.

• (4) Section 93 of the Principal Act is hereby amended by the substitution for subsection (6) of the following subsection:

• “(6) Where a person becomes an employed contributor by virtue of paragraph (b) of section 5 (1) and would not, apart from that paragraph, be an employed contributor, his entry into insurance by virtue of that paragraph shall be deemed not to be an entry into insurance for the purposes of subsection (1) of this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of paragraph (a) of section 5 (1).”.

• (5) For the purposes of Part IV of the Act of 1991, a person to whom this Part applies shall be known as a relevant person.

• (6) Section 25 of the Act of 1991 is hereby repealed.

37 Repeals — Supplementary Unemployment Fund.

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

• (a) the definition of “the Supplementary Unemployment Fund” contained in section 2 (1),

• (b) Part V (as amended by the Social Welfare (Amendment) Act, 1984), and

• (c) the Fifth Schedule.

38 Miscellaneous amendments to Principal Act arising from consolidation of various provisions.

38.—(1) The Principal Act is hereby amended by the substitution for “Subject to this Part,” of “Subject to this Act,” in each place where those words appear in sections 42 (1), 43 (1), 49 and 225 (1).

• (2) The Principal Act is hereby amended by the substitution for “Subject to this Chapter,” of “Subject to this Act,” in each place where those words appear in sections 72 (1), 156A, 198H and 200.

• (3) Section 45 (1) of the Principal Act is hereby amended by the substitution for “The weekly rate of disablement pension” of “Subject to this Act, the weekly rate of disablement pension”.

• (4) Section 125 (inserted by section 9 of the Act of 1991) of the Principal Act is hereby amended by the substitution in subsection (2) for “in this Part or Part III or regulations made thereunder” of “in this Act”.

• (5) Section 158 (1) of the Principal Act is hereby amended by the substitution for “Every person in whose case” of “Subject to this Act, every person in whose case”.

• (6) Section 175 (1) (as amended by section 26 of the Act of 1984) of the Principal Act is hereby amended by the substitution for “Every blind person” of “Subject to this Act, every blind person”.

• (7) Section 195 (1) of the Principal Act is hereby amended by the substitution for “A deserted wife's allowance shall, subject to regulations,” of “Subject to this Act and regulations, a deserted wife's allowance shall”.

• (8) Section 196 (1) of the Principal Act is hereby amended by the substitution for “A prisoner's wife's allowance shall, subject to regulations,” of “Subject to this Act and regulations, a prisoner's wife's allowance shall”.

• (9) Section 31 of the Act of 1988 is hereby amended—

• (a) in subsection (1), by the deletion of “Notwithstanding anything contained in any enactment,”, and

• (b) in subsection (2), by the deletion of “Notwithstanding anything contained in any enactment,”.

39 Interpretation generally.

39.—(1) Section 2 (1) (as amended by the Act of 1992) of the Principal Act is hereby amended by—

• (a) the insertion of the following definitions:

“‘claimant’ means a person who has made a claim for any benefit, assistance, child benefit or family income supplement, as the case may be;

‘Member State’ means a Member State of the European Communities;

‘social welfare inspector’ means a person appointed by the Minister under section 294F to be a social welfare inspector for the purposes of Parts II, III (other than Chapter 6), IV, IVA, VIIA and X;

‘statutory declaration’ means a statutory declaration within the meaning of the Statutory Declarations Act, 1938;”, and

• (b) the substitution for the definitions of “beneficiary” and “benefit” of the following definitions:

“‘beneficiary’ means a person entitled to any benefit, assistance, child benefit or family income supplement, as the case may be;

‘benefit’ means, subject to section 125 and Part VIIA, benefit under Part II;”, and

• (c) the deletion of the definition of “Inspector”.

• (2) Section 2 (7) of the Principal Act is hereby amended by the deletion in paragraph (a) of “in lawful wedlock”.

• (3) For the purposes of the Principal Act every reference to—

“inspector” shall be construed as a reference to “social welfare inspector”,

“social welfare officer” shall be construed as a reference to “social welfare inspector”.

• (4) Section 51 (7) of the Principal Act is hereby amended by the deletion of paragraph (b).

• (5) Section 199 (as amended by section 45 of the Act of 1991) of the Principal Act is hereby amended by the deletion of the definition of “recipient”.

• (6) For the purposes of Chapter 2 (inserted by section 27 of the Act of 1992) and Chapter 6 of Part III of the Principal Act, any reference to “recipient” shall be construed as a reference to “beneficiary”.

• (7) For the purposes of Chapter 2 (inserted by section 27 of the Act of 1992) of Part III of the Principal Act, any reference to “applicant” shall be construed as a reference to “claimant”.

• (8) For the purposes of the Principal Act any reference to that Act shall be construed as including regulations made under or applying the provisions of the said Act.

40 Continuance of instruments, officers and documents.

40.—(1) All officers appointed under any enactment repealed by Part VI of this Act and holding office immediately before the commencement of Part VI shall continue in office as if appointed under the provisions of Part VI.

• (2) All instruments and documents—

• (a) that—

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

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

and

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

(other than the provisions of any instruments which are incorporated in this Act) shall continue in force as if made or issued under the provision as so amended.

41 Commencement of Part VI.

41.—Part VI of this Act 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 Part VI as respects different provisions of the Part and sections inserted in the Principal Act by Part VI and where an order under this section relates to part or parts only of that Part or those sections, the order may provide for the repeal of specified provisions of the existing Part or sections on a specified day or days.

PART VII Amendments to Pensions Act, 1990

42 Definitions.

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

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

“‘auditor’, in relation to a scheme, means a person appointed in pursuance of this Act to act as auditor, for the purposes of this Act, of the scheme;”,

• (b) by the insertion of the following definitions after the definition of “defined contribution scheme”:

“‘early retirement rule’ means a provision of a scheme under which a member may retire with entitlement to an immediate benefit where either—

• (i) the member's right is subject to the consent of some person or the satisfaction of some condition not relating only to age or period of service in relevant employment or both, or

• (ii) the calculation of the member's immediate retirement benefit involves or may involve the use of an actuarial reduction factor related to his age at the date of his retirement;

‘external member’ in relation to a scheme, means 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 outside the State;

‘external scheme’ means a scheme established under the law of a country other than the State;”,

• (c) by the insertion of the following definition after the definition of “funded scheme”:

‘“immediate retirement benefit’ means a benefit payable to a member under the rules of a scheme immediately on retirement from relevant employment but does not include a refund of the member's contributions with or without interest or a transfer of an amount of money from the scheme—

• (i) to another scheme, or

• (ii) for application under a policy or contract of insurance approved by the Revenue Commissioners under Chapter II of Part I of the Finance Act, 1972,”,

• (d) by the substitution for the definition of “normal pensionable age” of the following definition:

“‘normal pensionable age’ means the later of—

• (a) the earliest age at which a member of a scheme is entitled under the rules of the scheme (disregarding any early retirement rule) to receive an immediate retirement benefit, or

• (b) the age of 60 years:

Provided that if a member of a scheme is required to retire from relevant employment at an age below 60 years with entitlement under the rules of the scheme to receive an immediate retirement benefit, normal pensionable age means the age at which the member is required to retire from relevant employment;”,

• (e) by the insertion after subparagraph (iv) of the definition of “occupational pension scheme” of the following subparagraph:

“or

• (v) which has been approved by the Revenue Commissioners for the purpose of one or more of the following, that is to say, section 32 of the Finance Act, 1921, or section 34 of the Finance Act, 1958, or sections 222 or 229 of the Income Tax Act, 1967,”,

and

• (f) by the substitution for the definition of “reckonable service” of the following definition:

“‘reckonable service’ means service in the relevant employment during membership of the scheme but does not include service as a member of the scheme where either—

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

• (b) the member has been notified in writing by the trustees that such service does not entitle him to long service benefit;”.

43 Offences.

43.—(1) Section 3 (1) of the Pensions Act is hereby amended by the insertion after paragraph (b) of the following paragraph:

• “(bb) Where a person who is required under regulations made under section 5A, to carry out any of the duties imposed upon trustees by this Act or by any regulations thereunder contravenes, in his capacity as such a person, a provision of this Act or any regulations thereunder, he shall be guilty of an offence.”.

• (2) Section 3 (1) (c) of the Pensions Act is hereby amended by the substitution of “paragraph (a), (b) or (bb)” for “paragraph (a) or (b)”.

44 Regulations.

44.—The Pensions Act is hereby amended by the insertion after section 5 of the following section:

“5A.—Regulations may provide that the provisions of this Act and of regulations thereunder shall apply to—

• (a) schemes with external members, or

• (b) external schemes, or

• (c) schemes where the majority of the trustees are not resident within the State,

with and subject to such modifications as may be prescribed and such regulations may require persons other than the trustees of such schemes to carry out in relation to those schemes any of the duties imposed upon trustees by this Act or by regulations thereunder.”.

45 Calculation of preserved benefit.

45.—Section 37 of the Pensions Act is hereby amended by the insertion after subsection (4) of the following subsection:

• “(4A) Regulations may specify the method of calculating preserved benefit payable under schemes where on termination of relevant employment a member has periods of reckonable service in more than one scheme relating to the same employment.”.

46 Application.

46.—The Pensions Act is hereby amended by the substitution for section 41 of the following section:

“41.—(1) Subject to section 52, this Part shall apply to any scheme other than—

• (a) a defined contribution scheme, or

• (b) a scheme under which service in the relevant employment after the 1st day of January, 1993, does not entitle the members to long service benefit and, where any long service benefit is determined by reference to a member's earnings, such earnings in the case of all members relate to a date or a period prior to the 1st day of January, 1993.

• (2) Notwithstanding subsection (1), section 48 shall apply to any scheme other than a defined contribution scheme.”.

47 Repeal.

47.—(1) Section 56 of the Pensions Act is hereby amended by the substitution for subsection (3) of the following subsection:

• “(3) For the purposes of this Act a person shall not be qualified for appointment as auditor of a scheme—

  • (a) unless he is qualified to be appointed as an auditor of a company in accordance with the Companies Acts, 1963 to 1990, or

  • (b) if he is a member of a class of persons standing prescribed for the time being for the purposes of this section.”.

• (2) Subsection (4A) (inserted by section 59 of the Act of 1992) of section 56 of the Pensions Act is hereby repealed.

48 General duties of trustees of schemes.

48.—Section 59 of the Pensions Act is hereby amended by the insertion after paragraph (d) of the following paragraph:

• “(e) if the scheme is wound up, to apply the resources of the scheme in discharging its liabilities without undue delay in accordance with the rules of the scheme and where applicable, with section 48.”.

49 Removal and appointment of trustees by High Court.

49.—Section 63 of the Pensions Act is hereby amended by the substitution for subsection (1) of the following subsection:

• “(1) The High Court (in this Part referred to as ‘the Court’) may, on application to it by the Board by petition, make an order—

  • (a) for the removal of a trustee of a scheme and the appointment of a new trustee, and

  • (b) that a trustee so removed shall not act as a trustee of a scheme for such period as the Court may order.”.

50 Conflict between Part VI and schemes.

50.—The Pensions Act is hereby amended by—

• (a) the insertion after section 64 of the following section:

“64A.—(1) The provisions of this Part and of any regulations made thereunder shall override any rule of a scheme to the extent that that rule conflicts with those provisions.

• (2) Any question as to—

  • (a) whether any provision of this Part (including the application of any provision as modified by regulations) or any regulations made thereunder conflicts with any rule of a scheme, or

  • (b) whether a scheme is a defined benefit scheme or a defined contribution scheme for the purposes of this Part,

  shall be determined by the Board on application to it in writing in that behalf by a person who, in relation to the scheme, corresponds to a person mentioned in section 38 (3) in relation to the scheme mentioned therein.

• (3) An appeal to the High Court on a point of law from a determination of the Board under subsection (2) in relation to a scheme, may be brought by the person who made, or a person who was entitled to make, the application concerned under subsection (2).”,

and

• (b) the insertion in section 26 (1) (a) of “64A” after “58”.

51 Equality officer.

51.—Section 65 of the Pensions Act is hereby amended by the insertion after the definition of “employer” of the following definition:

“‘equality officer’ means an equality officer of the Labour Relations Commission appointed under section 37 of the Industrial Relations Act, 1990;”.

52 Amendment of Third Schedule to Pensions Act.

52.—(1) The Third Schedule to the Pensions Act is hereby amended by 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 scheme to or in respect of a person who at the effective date of the certificate is receiving benefits or has reached normal pensionable age, excluding future increases in such benefits which are, at the effective date of the certificate, contingent upon the exercise of some person's discretion.”.

• (2) The Third Schedule to the Pensions Act is hereby amended by the substitution for paragraph 2 of the following paragraph:

“2. The benefits for the purposes of this paragraph shall be any additional benefits secured for or granted to or in respect of a member of a scheme under the scheme by way of additional voluntary contributions or a transfer of rights from another scheme. Such benefits shall be calculated as at the effective date of the certificate and shall be—

• (a) where, at the effective date of the certificate, the member's service in relevant employment has terminated and a transfer payment has not been applied in accordance with section 34 or 35, preserved benefit payable in respect of such additional benefits calculated in accordance with Part III or, if no such preserved benefit is payable, the benefits payable under the rules of the scheme in respect of the additional voluntary contributions or the transfer of rights, and

• (b) where, at the effective date of the certificate, the member is in relevant employment, preserved benefit in respect of such additional benefits calculated in accordance with Part III, as if the member's service in relevant employment had terminated on such date but disregarding any provision requiring the completion of a minimum period of qualifying service.”.

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	55.60	35.50	12.80	12.80	—	—	—
2. Death Benefit:
(a) pension payable to a widow (section 50 (2)) or widower (section 50 (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 and Deserted Wife'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

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

PART III

Disablement Pension

Degree of disablement	Degree of disablement	Degree of disablement	Degree of disablement	Weekly rate
(1)	(1)	(1)	(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

”.

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	59.20	35.50	12.80	12.80	—	—	—
(b) in the case of a person to whom section 137 (1) (b) applies	55.60	35.50	12.80	12.80	—	—	—
2. Pre-Retirement Allowance	59.20	35.50	12.80	12.80	—	—	—
3. Old Age Pension and Blind Pension	59.20	—	12.80	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	14.90	—	4.70	4.60
6. Carer's Allowance	59.20	—	12.80	12.80	—	—	—
7. Orphan's (Non-Contributory) Pension	39.20	—	—	—	—	—	—
8. Supplementary Welfare Allowance	55.60	35.50	12.80	12.80	—	—	—

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	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

”.

SCHEDULE C

SCHEDULE D