Social Welfare Act 1997

PART I Preliminary

1 Short title and construction.

1.—(1) This Act may be cited as the Social Welfare Act, 1997.

(2) The Social Welfare Acts and this Act (other than Parts VIII, IX and X) 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 Act of 1995” means the Social Welfare Act, 1995;

“the No. 2 Act of 1995” means the Social Welfare (No. 2) Act, 1995;

“the Act of 1996” means the Social Welfare Act, 1996.

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 1996) 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 5th day of June, 1997,

(b) in so far as it relates to disability benefit, health and safety benefit, injury benefit, disablement gratuity and disablement pension, on the 9th day of June, 1997,

(c) in so far as it relates to retirement pension, invalidity pension and a relevant payment by virtue of section 18 (1) (a) of the Act of 1996, on the 12th day of June, 1997, 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, widow's (contributory) pension, widower's (contributory) pension and orphan's (contributory) allowance, on the 13th day of June, 1997.

4 Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Part I and II (inserted by section 4 of the Act of 1996) 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 and disability allowance, on the 4th day of June, 1997,

(b) in so far as it relates to supplementary welfare allowance, on the 9th day of June, 1997,

(c) in so far as it relates to pre-retirement allowance, one-parent family payment (other than where payable in respect of a widow or widower), carer's allowance, prescribed relative allowance and a relevant payment by virtue of section 18(1)(b) or (c) of the Act of 1996, on the 12th day of June, 1997, and

(d) in so far as it relates to old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and orphan's (non-contributory) pension, on the 13th day of June, 1997.

5 Child benefit (new rates).

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 1996) of the following Part:

“PART III

Amounts of Child Benefit

Amount for each of first 2 children	Amount for each child in excess of 2
(1)	(2)
£30	£39

”.

(2) This section shall come into operation on the 1st day of September, 1997.

6 Family income supplement (new weekly rates etc.).

6.—(1) Section 197 of the Principal Act is hereby amended by the substitution for the definition of “weekly family income” of the following definition:

“‘weekly family income’ means, subject to regulations under section 202, the amount of income received in a week by a family, less—

(i) any allowable contribution referred to in Regulations 59 and 60 (inserted by the Income Tax (Employment) Regulations, 1972 (S.I. No. 260 of 1972)) of the Income Tax (Employments) Regulations, 1960 (S.I. No. 28 of 1960),

(ii) any amount deducted from reckonable earnings pursuant to—

(A) section 10 and regulations made under section 11,

(B) section 5 of the Health Contributions Act, 1979, and

(C) section 16 of the Youth Employment Agency Act, 1981,

and

(iii) any income of a person who in respect of that family is a child.”.

(2) Subsection (1) shall apply in the case of a claim to family income supplement made on or after the 12th day of June, 1997.

(3) The Principal Act is hereby amended by the substitution for section 198 (inserted by section 6 of the Act of 1996) of the following section:

“Entitlement to supplement.

198.—Subject to this Act, an allowance (in this Act referred to as ‘family income supplement’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—

(a) in the case of a family which includes only 1 child, £205,

(b) in the case of a family which includes 2 children, £225,

(c) in the case of a family which includes 3 children, £245,

(d) in the case of a family which includes 4 children, £265,

(e) in the case of a family which includes 5 children, £290,

(f) in the case of a family which includes 6 children, £310,

(g) in the case of a family which includes 7 children, £327,

or

(h) in the case of a family which includes 8 or more children, £344.”.

(4) Subsection (3) shall come into operation on the 12th day of June, 1997.

7 Continued payment for qualified children.

7.—The Principal Act is hereby amended by the substitution for section 203A (inserted by section 7 of the Act of 1996) of the following section:

“Entitlement to payment.

203A.—(1) Subject to this Act, a continued payment for qualified children (in this Part referred to as a ‘continued payment’) shall be payable out of moneys provided by the Oireachtas to a person—

(a) other than a person who is engaged in short-time employment, who—

(i) has been in receipt of unemployment benefit, unemployment assistance, or unemployment benefit and unemployment assistance in respect of not less than 312 days of unemployment in—

(A) a period of interruption of employment, within the meaning of section 42 (4) (c), where the person is in receipt of unemployment benefit, or

(B) a continuous period of unemployment, within the meaning of section 120(3), where the person is in receipt of unemployment assistance,

in the immediately preceding period, and

(ii) is in receipt of unemployment benefit or unemployment assistance which includes an increase in respect of at least one qualified child, who normally resides with the person, and is not a person to whom sections 45 (3), 124 (1) or 245A (3) (as the case may require) applies, or

(b) who is engaged in employment under a scheme administered by an Foras Áiseanna Saothair and known as Community Employment and who, if he or she were in receipt of unemployment benefit or unemployment assistance would be entitled to an increase in respect of at least one qualified child who normally resides with him or her and would not be a person to whom section 45 (3), 124 (1) or 245A (3) (as the case may require), applies, and

(c) who, in the case of a person to whom paragraph (a) or (b) applies, ceases, by virtue of having become engaged in employment which is expected to continue for a period of a minimum of 4 weeks, to be entitled to unemployment benefit or unemployment assistance or ceases to be engaged in Community Employment.

(2) In this Part, ‘employment’ means insurable employment or insurable self-employment, other than—

(a) employment under a scheme administered by an Foras Áiseanna Saothair and known as Community Employment,

(b) employment under any scheme which is funded by an Foras Áiseanna Saothair, other than a scheme known as the Jobs Initiatives Scheme, or

(c) employment of a seasonal nature.”.

8 Employment contributions (new rates of contributions, increases in earnings ceilings, etc.).

8.—(1) Section 10 of the Principal Act is hereby amended by—

(a) the substitution in subsection (1) (b) of “4.5 per cent.” for “5.5 per cent.”,

(b) the substitution in subsection (1) (c) of “£23,200” for “£22,300” (inserted by section 8 (1) (b) of the Act of 1996),

(c) the substitution in subsection (1) (d) (i) and (ii) of “£260” for “£250” (inserted by section 8 (1) (c) (iii) of the Act of 1996), and

(d) the substitution in subsection (1) (e) of “£27,900” for “£26,800” (inserted by section 8 (1) (d) of the Act of 1996).

(2) This section shall come into operation on the 6th day of April, 1997.

9 Self-employment contributions (increase in earnings ceiling).

9.—(1) Section 18 (1) of the Principal Act is hereby amended by the substitution in paragraph (d) of “£23,200” for “£22,300” (inserted by section 9 (1) (c) of the Act of 1996).

(2) This section shall come into operation on the 6th day of April, 1997.

PART III Social Insurance Improvements

10 Maternity benefit (self-employed contributors).

10.—(1) The Principal Act is hereby amended by the substitution for Chapter 8 of Part II of the following Chapter:

“CHAPTER 8

Maternity Benefit

Entitlement to and duration of benefit.

37.—(1) Subject to this Act, a woman shall be entitled to maternity benefit if—

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that she will be confined in a week specified in the certificate (hereafter in this section referred to as ‘the expected week of confinement’) not being more than the prescribed number of weeks after that in which the certificate is given,

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

(c) subject to subsection (2), she satisfies the contribution conditions in section 38.

(2) The requirement in subsection (1) (c) shall not apply in the case of a claim for maternity benefit made by a woman who was in receipt of health and safety benefit under section 41A at any time during the pregnancy as a result of which it is expected that she will be confined.

(3) Regulations may provide for entitling to maternity benefit, subject to such conditions and in such circumstances as may be prescribed, such class or classes of women who would be entitled thereto but for the fact that the contribution conditions in section 38 are not satisfied.

(4) (a) Subject to this Act, where a woman, who has been delivered of a living child dies at any time before the expiry of the fourteenth week following the week of her confinement, the father of the child shall, subject to satisfying the contribution conditions in section 38, be entitled to benefit under this Chapter as if he was a woman and the provisions of this Chapter (other than section 40 (b)) shall apply in all respects in the case of such a man:

Provided that in the case of an employed contributor, it is certified by his employer that he is entitled to leave under section 16 of the Maternity Protection Act, 1994.

(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.

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

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

(b) a woman, who is in insurable self-employment, for a period of 14 weeks—

(i) commencing not later than 4 weeks before the end of the expected week of confinement, and

(ii) ending not earlier than 4 weeks after the end of the expected week of confinement:

Provided that where the date of confinement occurs in a week after the expected week of confinement, the period in respect of which benefit shall be payable shall be extended by such number of consecutive weeks, subject to a maximum of 4 consecutive weeks, after the week in which the date of confinement occurs as ensures compliance with subparagraph (ii),

(c) a man, who—

(i) is an employed contributor, for the period of leave to which he is entitled under section 16 of the Maternity Protection Act, 1994, or

(ii) is in insurable self-employment, for a period commencing on the day after the day on which the death of the mother occurs—

(A) where the mother dies before the expiry of the tenth week following the week of her confinement, to the end of the tenth week following the week of her confinement, or

(B) where the mother dies after the expiry of the tenth week but before the expiry of the fourteenth week following the week of her confinement, to the end of the fourteenth week following the week of her confinement:

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

(6) Regulations may modify subsections (1) and (5) in relation to cases where—

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined, and

(b) no such certificate as is referred to in subsection (1) (a) has been given.

(7) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to maternity 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 10p where it is a multiple of 5p but not also a multiple of 10p, and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

(8) In the case of an employed contributor, 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 (5), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.

(9) Regulations may provide for requiring an employer or any other person to furnish such information as may be required for the purposes of determining a claim for maternity benefit.

Conditions for receipt.

38.—The contribution conditions for maternity benefit are—

(a) in the case of an employed contributor—

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

(B) 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

(ii) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately preceding the relevant day, or having been in insurable self-employment, she satisfies the contribution conditions in paragraph (b),

(b) in the case of a person in insurable self-employment, that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the last complete contribution year or in the second last complete contribution year before the beginning of the benefit year in which the relevant day occurs, or where the claimant was previously an employed contributor that she satisfies the contribution conditions in paragraph (a).

Rates of benefit.

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

(a) 70 per cent, of the reckonable weekly earnings, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the woman 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 woman would otherwise receive if she was entitled to the said benefit, or

(c) such amount as shall be prescribed,

whichever is the greater.

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

Disqualifications.

40.—Regulations may provide for disqualifying a woman for receiving maternity benefit if—

(a) during the period for which the benefit is payable, she engages in any occupation other than domestic activities in her own household, or

(b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with regulations made under this section.

Supplementary provisions.

41.—(1) In this Chapter—

(a) ‘confinement’ means labour resulting in the issue of a living child, or labour after 24 weeks of pregnancy resulting in the issue of a child whether alive or dead, and ‘confined’ shall be construed accordingly,

‘registered medical practitioner’ means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act, 1978,

‘the relevant day’ means the first day for which maternity benefit is claimed, and

(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if a woman is confined of twins or a greater number of children, to the date of the issue of the last child.

(2) In deciding whether or not to make an order under section 21A (inserted by the Status of Children Act, 1987) of the Family Law (Maintenance of Spouses and Children) Act, 1976, in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity benefit.”.

(2) Section 18 (1)(g) (as amended by section 27 of the Act of 1996) of the Principal Act is hereby amended by the substitution for “or orphan's (contributory) allowance” of “, orphan's (contributory) allowance, maternity benefit or adoptive benefit”.

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

11 Adoptive benefit (self-employed contributors).