Social Welfare Act , 1995

PART I Preliminary

1 Short title and construction.

1.—(1) This Act may be cited as the Social Welfare Act, 1995.

(2) The Social Welfare Acts and this Act (other than Part V) shall be construed together as one.

2 Definitions.

2.—In this Act—

“the Principal Act” means the Social Welfare (Consolidation) Act, 1993;

“the Act of 1994” means the Social Welfare Act, 1994;

“the Regulations of 1995” means the European Communities (Social Welfare) Regulations, 1995 (S.I. No. 25 of 1995).

PART II Increases

3 Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 3 of the Act of 1994 and amended by section 13 (2) of that Act and modified by the Regulations of 1995) of the Second Schedule thereto of the Parts set out in Schedule A to this Act.

(2) This section shall come into operation—

(a) in so far as it relates to unemployment benefit, on the 8th day of June, 1995,

(b) in so far as it relates to disability benefit, health and safety benefit, injury benefit, disablement gratuity and disablement pension, on the 12th day of June, 1995,

(c) in so far as it relates to retirement pension, invalidity pension and deserted wife's benefit, on the 15th day of June, 1995, and

(d) in so far as it relates to death benefit under section 60,61,62 or 63 of the Principal Act, old age (contributory) pension, survivor's pension and orphan's (contributory) allowance, on the 16th day of June, 1995.

4 Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I and II (inserted by section 4 of the Act of 1994) of the Fourth Schedule thereto of the Parts set out in Schedule B to this Act.

(2) This section shall come into operation—

(a) in so far as it relates to unemployment assistance, on the 7th day of June, 1995,

(b) in so far as it relates to supplementary welfare allowance, on the 12th day of June, 1995,

(c) in so far as it relates to pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance (other than lone parent's allowance payable in respect of a widow or widower), carer's allowance and prescribed relative allowance, on the 15th day of June, 1995, and

(d) in so far as it relates to old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, lone parent's allowance payable in respect of a widow or widower and orphan's (non-contributory) pension, on the 16th day of June, 1995.

5 Child benefit (new rates, etc.).

5.—(1) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part III (inserted by section 5 of the Act of 1994) of the following Part:

“PART III

Amount for each of first 2 children	Amount for each child in excess of 2
(1)	(2)
£27	£32

”.

(2) Section 192 of the Principal Act is hereby amended by the substitution in subsection (1) (b) of “19 years ” for “18 years”.

(3) The Principal Act is hereby amended by—

(a) the substitution in section 192 (2) of “who resides with a qualified person and such person's spouse while the qualified person or his spouse ” for “who resides with a qualified person while such person”, and

(b) the insertion in section 3 (12) after “165 (4)” of “, 192 (2)”.

(4) Subsections (1) and (2) of this section shall come into operation on the 1st day of September, 1995.

PART III Social Insurance Contributions

6 Employment contributions (new rates of contributions and increase in earnings ceiling).

6.—(1) Section 10 (1) (inserted by section 7 of the Act of 1994) of the Principal Act is hereby amended by—

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

“(b) Subject to paragraph (c) and to regulations under section 11, where in any contribution week a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable a contribution by the employed contributor at the rate of 5.5 per cent, of the amount of reckonable earnings in excess of £50 in that week in respect of each employment (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis) to which such payment relates.”,

(b) the substitution in paragraph (c) of “£21,500” for “£20,900”, and

(c) the substitution in paragraph (d) of “£231” for “£173” in both places where it occurs.

(2) This section shall come into operation on the 6th day of April, 1995.

7 Self-employment contributions (new rates of contributions and increase in earnings ceiling).

7.—(1) Section 18 (1) of the Principal Act is hereby amended by—

(a) the substitution in paragraph (a) of “of an amount equal to 5 per cent, of the reckonable income in excess of £520 or the amount of £230, whichever is the greater” for “of an amount equal to 5 per cent, of the reckonable income or the amount of £250, whichever is the greater”,

(b) the substitution in paragraph (c) of “of an amount equal to 5 per cent, of reckonable emoluments in excess of £520 or the amount of £230, whichever is the greater” for “of an amount equal to 5 per cent, of reckonable emoluments or the amount of £250, whichever is the greater”,

(c) the substitution in paragraph (d) of “£21,500” for “£20,900” (inserted by section 8 of the Act of 1994), and

(d) the substitution in paragraph (h) of “£230” for “£250” in both places where it occurs.

(2) This section shall come into operation on the 6th day of April, 1995.

8 Optional contributions (new rates of contributions).

8.—(1) Section 24B (1) (inserted by section 4 of the Social Welfare (No. 2) Act, 1993) is hereby amended by the insertion in paragraph (a) after “reckonable income” of “in excess of £520”.

(2) This section shall come into operation on the 6th day of April, 1995.

9 Voluntary contributions by former self-employed contributors.

9.—(1) Section 23 of the Principal Act is hereby amended by the substitution in subsection (1) of “£230” for “£250” (inserted by section 9 of the Act of 1994).

(2) This section shall come into operation on the 6th day of April, 1995.

10 Exemption from payment of contributions.

10.—Section 10 of the Principal Act is hereby amended by the insertion after subsection (9) (inserted by section 10 of the Act of 1994) of the following subsection:

“(10) Regulations may, subject to such conditions and in such circumstances as may be prescribed, exempt an employer who employs an employee under and by virtue of a scheme administered by the Department of Social Welfare known as the Employers' Pay-Related Social Insurance Exemption Scheme, from the liability to pay the contribution specified in section 10 (1) (d) in respect of any such employee.”.

PART IV Miscellaneous

11 Adoptive benefit.

11.—(1) The Principal Act is hereby amended by the insertion after Chapter 8A (inserted by the Regulations of 1995) of Part II of the following Chapter:

“CHAPTER 8B

Entitlement to and duration of adoptive benefit.

41G.—(1) In this Chapter, ‘adopting parent’ has the meaning assigned to it in section 2 (1) of the Adoptive Leave Act, 1995.

(2) Subject to this Act, an adopting parent shall be entitled to adoptive benefit if—

(a) it is certified by the adopting parent's employer that the adopting parent is entitled to adoptive leave under the Adoptive Leave Act, 1995, and

(b) the adopting parent satisfies the contribution conditions in section 41H.

(3) Regulations may provide for entitling to adoptive benefit, subject to such conditions and in such circumstances as may be prescribed, such class or classes of adopting parents who would be entitled thereto but for the fact that the contribution conditions in section 41H are not satisfied.

(4) Subject to this Chapter, adoptive benefit shall be payable for the period of adoptive leave which the adopting parent is entitled to under section 6, 9 or 42, as the case may be, of the Adoptive Leave Act, 1995:

Provided that, where the beneficiary dies, the benefit shall not be payable for any subsequent day.

(5) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to adoptive benefit and, accordingly, the amount payable by way of such benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest l0p where it is a multiple of 5p but not also a multiple of l0p, and being rounded to the nearest l0p where it is not a multiple of 5p or l0p.

(6) Where the employment ceases (whether due to the death of the employer or otherwise) during the period for which adoptive benefit is payable in accordance with subsection (4), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.

Conditions for receipt.

41H.—(1) The contribution conditions for adoptive benefit are—

(a) (i) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the claimant's entry into insurance and ending immediately before the relevant day, and

(ii) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day, or

(b) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately preceding the relevant day.

(2) In subsection (1), ‘relevant day’ means the first day for which adoptive benefit is claimed.

(3) Regulations may provide for modifications of the contribution conditions set out in subsection (1).

Rate of adoptive benefit.

41I.—(1) Subject to this Act, the weekly rate of adoptive benefit shall be an amount equal to—

(a) 70 per cent, of the reckonable weekly earnings of the person to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or

(b) the amount of disability benefit, including any increases thereof, which the person would otherwise receive if entitled to the said benefit, or

(c) such amount as shall be prescribed,

whichever is the greater.

(2) In this section, ‘reckonable weekly earnings’ means the average amount, calculated in accordance with regulations, of reckonable earnings and such other income as may be prescribed, received in a week up to such limit as may be prescribed.

Disqualification.

41J.—Regulations may provide for disqualifying an adopting parent for receiving adoptive benefit if, during the period for which the benefit is payable, the adopting parent engages in any occupation other than domestic activities in that parent's own household.”.

(2) (a) Section 4 (as amended by section 13 of the Act of 1994) of the Principal Act is hereby amended by—

(i) the insertion in subsection (4) (a) of “411,” before “42 (2)”, and

(ii) the insertion in subsection (5) of “41H (3),” before “43 (4)”.

(b) Section 30 (1) of the Principal Act is hereby amended by the insertion after paragraph (bb) (inserted by the Regulations of 1995) of the following paragraph:

“(bbb) adoptive benefit,”.

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

12 Carer's allowance (eligibility conditions and calculation of means).

12.—(1) Section 163 (1) (as amended by section 13 (2) of the Act of 1994) of the Principal Act is hereby amended by the substitution for the definition of “relevant pensioner” of the following definition:

“‘relevant pensioner’ means a person (other than a person in receipt of an increase of disablement pension under section 57 in respect of constant attendance) who is so incapacitated as to require full-time care and attention, and who—

(a) has attained pensionable age, or

(b) is in receipt of—

(i) invalidity pension, or a payment corresponding to invalidity pension from a Member State (other than the State), or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238,

(ii) blind pension, or

(iii) disabled person's maintenance allowance, or

(c) is in receipt of retirement pension, or who has attained the age of 65 years and is in receipt of a payment corresponding to retirement pension from a Member State (other than the State) or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, where such person was, immediately prior to the receipt of such pension, in receipt of invalidity pension or a payment corresponding to invalidity pension from a Member State (other than the State) or under such a reciprocal arrangement;”.

(2) Rule 4 of Part II of the Third Schedule to the Principal Act is hereby amended by the substitution for paragraph (1A) (inserted by section 16 of the Act of 1994) of the following paragraph:

“(1A) In the case of carer's allowance, in calculating the means of the other member of the couple for the purposes of paragraph (1), such amount as may be prescribed shall be disregarded.”.

(3) This section shall come into operation on the 15th day of June, 1995.

13 Maternity benefit.

13.—(1) Section 37 (as modified by the Regulations of 1995) of the Principal Act is hereby amended by—

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

“(b) it is certified by her employer that she is entitled to maternity leave under section 8 of the Maternity Protection Act, 1994, and”,

(b) the substitution in subsection (2) for “the conditions set out in subsections (1) (b) and (1) (c) are not satisfied” of “the contribution conditions in section 38 are not satisfied”,

(c) the substitution for subsection (3) of the following subsection:

“(3) (a) Subject to this Act, where it is certified by his employer that a man, who satisfies the contribution conditions in section 38, is entitled to leave under section 16 of the Maternity Protection Act, 1994, he shall be entitled to benefit under this Chapter as if he was a woman who was entitled to maternity leave under section 8 of the said Act and the provisions of this Chapter (other than section 40 (b)) shall apply in all respects in the case of such a man.

(b) In this Act, a reference to maternity benefit shall be construed as including a reference to benefit payable to a man under this subsection.”,

(d) the substitution for subsection (4) (as amended by section 6 of the Maternity Protection Act, 1994) of the following subsection:

“(4) Subject to this Chapter, maternity benefit shall be payable to—

(a) a woman, for the period of maternity leave she is entitled to under section 8 of the Maternity Protection Act, 1994 (including any extension of that period by virtue of section 12 of that Act), or

(b) a man, for the period of leave he is entitled to under section 16 of the Maternity Protection Act, 1994:

Provided that where the beneficiary dies, the benefit shall not be payable for any subsequent day.”, and

(e) the substitution for subsection (7) of the following subsection:

“(7) Where the employment ceases (whether due to the death of the employer or otherwise) during the period for which maternity benefit is payable in accordance with subsection (4), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.”.

(2) Section 38 of the Principal Act is hereby amended by—

(a) the substitution for “the 1st day of maternity leave” of “the relevant day” in each place where those words occur, and

(b) the insertion after subsection (2) of the following subsection:

“(3) In subsection (1) ‘the relevant day’ means the first day for which maternity benefit is claimed.”.

14 Qualified child (definition).

14.—(1) Section 2 (3) (b) (as amended by section 13 of the Act of 1994) of the Principal Act is hereby amended by the substitution in clause (II) of subparagraph (iii) of “22 years” for “21 years”.

(2) This section shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with particular reference to any benefit or assistance or to family income supplement and different days may be so appointed for the purpose of any benefit or assistance or family income supplement.

15 Adult dependant (payment of allowances in certain circumstances).

15.—(1) The Principal Act is hereby amended by the insertion after section 245 of the following section:

“245A.—(1) Subject to subsection (2), regulations may provide for entitling to an increase of benefit or assistance (other than supplementary welfare allowance), as the case may be, payable in respect of an adult dependant, a claimant or beneficiary who would be entitled thereto but for the fact that his spouse has income in excess of a prescribed amount.

(2) Regulations for the purposes of subsection (1) shall provide that the increase payable by virtue thereof shall be payable at a rate less than the appropriate rate specified in the Second or Fourth Schedule, as the case may be, and the rate specified by the regulations may vary by reference to the amount by which the income of the spouse exceeds the amount prescribed for the purposes of subsection (1).

(3) Notwithstanding the provisions of this Act, in the case of a person who qualifies for an increase in respect of an adult dependant by virtue of regulations made under this section, any increase in benefit or assistance, as the case may be, in respect of a qualified child who normally resides with the beneficiary and with the spouse of the beneficiary shall be payable at the rate of one-half of the appropriate amount.

(4) In this section ‘benefit’ means benefit under Part II.”.

(2) Section 2 (2) of the Principal Act is hereby amended by the substitution for “subject to section 170” of “subject to sections 170 and 245A”.

(3) Section 3 (12) of the Principal Act is hereby amended by the insertion after “192 (2)” (inserted by section 5 of this Act) of “, 245A,”.