LegalizeSocial Welfare Act 1997
“‘Minister’ means the Minister for Social Welfare.”.
(2) Regulations 4, 5 and 6 of the National Social Service Board Regulations, 1988 (S.I. No. 19 of 1988), are hereby revoked.
PART IX Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981
38 Amendment of section 7A of Health Contributions Act, 1979.
38.—(1) Section 7A of the Health Contributions Act, 1979, is hereby amended—
(a) in subsection (1), by—
(i) the substitution in paragraph (a) of “£197” for “£188” (inserted by section 45(1)(a) of the Act of 1996),
(ii) the substitution in paragraph (b) of “£10,250” for “£9,750” (inserted by section 45(1)(b) of the Act of 1996), and
(iii) the substitution for paragraph (c) of the following paragraphs:
“(c) any payment made by him under or pursuant to a maintenance arrangement within the meaning of section 3 of the Finance Act, 1983, relating to a marriage for the benefit of the other party to the marriage, unless the provisions of section 4 of that Act apply in respect of such payment, or
(d) any distribution within the meaning of the Corporation Tax Act, 1976, in relation to which section 83(4) of that Act applies.”, and
(b) the substitution in subsection (2) of “£10,250” for “£9,750” (inserted by section 45(1)(c) of the Act of 1996).
(2) This section shall come into operation on the 6th day of April, 1997.
39 Amendment of section 18A of Youth Employment Agency Act, 1981.
39.—(1) Section 18A of the Youth Employment Agency Act, 1981, is hereby amended—
(a) in subsection (1), by—
(i) the substitution in paragraph (a) of “£197” for “£188” (inserted by section 46(1)(a) of the Act of 1996),
(ii) the substitution in paragraph (b) of “£10,250” for “£9,750” (inserted by section 46(1)(b) of the Act of 1996), and
(iii) the substitution for paragraph (c) of the following paragraphs:
“(c) any payment made by him under or pursuant to a maintenance arrangement within the meaning of section 3 of the Finance Act, 1983, relating to a marriage for the benefit of the other party to a marriage, unless the provisions of section 4 of that Act apply in respect of such payment, or
(d) any distribution within the meaning of the Corporation Tax Act, 1976, in relation to which section 83(4) of that Act applies.”, and
(b) the substitution in subsection (2) of “£10,250” for “£9,750” (inserted by section 46(1)(c) of the Act of 1996).
(2) This section shall come into operation on the 6th day of April, 1997.
PART X Amendment to the Pensions Act, 1990
40 Amendment of Pensions Act, 1990.
40.—The Pensions Act, 1990, is hereby amended by the insertion after section 5A (inserted by section 44 of the Social Welfare Act, 1993) of the following section:
“External schemes.
5B.—Regulations may exclude external schemes or certain categories of external schemes from the application of some or all of the provisions of this Act and of regulations made thereunder.”.
SCHEDULE A
PART I
| Description of benefit | Weekly rate | Increase for adult dependant (where payable) | Increase for each qualified child (where payable) | Increase for prescribed relative under section 167 (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. Disability Benefit, Unemployment Benefit, Injury Benefit and Health and Safety Benefit | 67.50 | 40.00 | 13.20 | — | — | — |
| 2. Death Benefit: | ||||||
| (a) pension payable to a widow or widower | 89.40 | — | 17.00 | 38.80 | 6.00 | — |
| (b) pension payable to a parent | ||||||
| (i) reduced rate | 41.80 | — | — | 38.80 | 6.00 | — |
| (ii) maximum rate | 89.40 | — | — | 38.80 | 6.00 | — |
| (c) pension payable to an orphan | 47.90 | — | — | — | — | — |
| 3. Old Age (Contributory) Pension and Retirement Pension: | 78.00 | 51.00 | 15.20 | 38.80 | 6.00 | 5.00 |
| additional increase for an adult dependant who has attained pensionable age | — | 4.40 | — | — | — | — |
| 4. Invalidity Pension: | 69.20 | 45.10 | 15.20 | 38.80 | 6.00 | 5.00 |
| additional increase for a beneficiary who has attained the age of 65 years | 8.80 | — | — | — | — | — |
| 5. Widow's and Widower's (Contributory) Pension and a relevant payment by virtue of section 18(1)(a) of the Social Welfare Act, 1996 | 71.10 | — | 17.00 | 38.80 | 6.00 | 5.00 |
| 6. Orphan's (Contributory) Allowance | 45.60 | — | — | — | — | — |
PART II
| Description of Grant | Amount |
|---|---|
| (1) | (2) |
| £ | |
| 1. Disablement Benefit: | |
| Maximum gratuity | 6,380 |
| 2. Death Benefit: | 320 |
| Grant in respect of funeral expenses |
PART III
| Degree of disablement | Weekly rate |
|---|---|
| (1) | (2) |
| £ | |
| 100 per cent. | 91.20 |
| 90”” | 82.10 |
| 80”” | 73.00 |
| 70”” | 63.80 |
| 60”” | 54.70 |
| 50”” | 45.60 |
| 40”” | 36.50 |
| 30”” | 27.40 |
| 20”” | 18.20 |
PART IV
| Description of Increase | Weekly Rate |
|---|---|
| (1) | (2) |
| £ | |
| 1. Increase where the person is permanently incapable of work | 67.50 |
| 2. Increase where the person requires constant attendance: | |
| (a) limit of increase except in cases of exceptionally severe disablement | 38.80 |
| (b) limit in any other case | 74.60 |
”.
SCHEDULE B
PART I
| Description of assistance | Weekly rate | Increase for adult dependant (where payable) | Increase for each qualified child (where payable) | Increase for prescribed relative under section 167 (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 | 67.50 | 40.00 | 13.20 | — | — | — |
| (b) in the case of a person to whom section 121 (1) (b) applies | 65.40 | 40.00 | 13.20 | — | — | — |
| 2. Pre-Retirement Allowance | 67.50 | 40.00 | 13.20 | — | — | — |
| 3. Old Age (Non-Contributory) Pension and Blind Pension | 67.50 | — | 13.20 | 38.80 | 6.00 | 5.00 |
| 4. Widow's (Non-Contributory) Pension, and a relevant payment by virtue of Section 18(1)(b) or (c) of the Social Welfare Act, 1996 | 67.50 | — | — | 38.80 | 6.00 | 5.00 |
| 5. One-Parent Family Payment | 67.50 | — | 15.20 | — | — | 5.00 |
| 6. Carer's Allowance: | ||||||
| (a) in the case of a person to whom section 165(1)(a) applies | 105.80 | — | 13.20 | — | — | — |
| (b) in the case of a person to whom section 165(1)(b) applies | 70.50 | — | 13.20 | — | — | — |
| 7. Orphan's (Non-Contributory) Pension | 45.60 | — | — | — | — | — |
| 8. Supplementary Welfare Allowance | 65.40 | 40.00 | 13.20 | — | — | — |
| 9. Disability Allowance | 67.50 | 40.00 | 13.20 | — | — | — |
PART II
| Means of claimant or pensioner | Weekly rate of increase |
|---|---|
| £ | |
| Where the weekly means of the claimant or pensioner do not exceed £6 | 40.00 |
| exceed £6 but do not exceed £8 | 39.00 |
| exceed £8 but do not exceed £10 | 38.00 |
| exceed £10 but do not exceed £12 | 37.00 |
| exceed £12 but do not exceed £14 | 36.00 |
| exceed £14 but do not exceed £16 | 35.00 |
| exceed £16 but do not exceed £18 | 34.00 |
| exceed £18 but do not exceed £20 | 33.00 |
| exceed £20 but do not exceed £22 | 32.00 |
| exceed £22 but do not exceed £24 | 31.00 |
| exceed £24 but do not exceed £26 | 30.00 |
| exceed £26 but do not exceed £28 | 29.00 |
| exceed £28 but do not exceed £30 | 28.00 |
| exceed £30 but do not exceed £32 | 27.00 |
| exceed £32 but do not exceed £34 | 26.00 |
| exceed £34 but do not exceed £36 | 25.00 |
| exceed £36 but do not exceed £38 | 24.00 |
| exceed £38 but do not exceed £40 | 23.00 |
| exceed £40 but do not exceed £42 | 22.00 |
| exceed £42 but do not exceed £44 | 21.00 |
| exceed £44 but do not exceed £46 | 20.00 |
| exceed £46 but do not exceed £48 | 19.00 |
| exceed £48 but do not exceed £50 | 18.00 |
| exceed £50 but do not exceed £52 | 17.00 |
| exceed £52 but do not exceed £54 | 16.00 |
| exceed £54 but do not exceed £56 | 15.00 |
| exceed £56 but do not exceed £58 | 14.00 |
| exceed £58 but do not exceed £60 | 13.00 |
| exceed £60 but do not exceed £62 | 12.00 |
| exceed £62 but do not exceed £64 | 11.00 |
| exceed £64 but do not exceed £66 | 10.00 |
| exceed £66 but do not exceed £68 | 9.00 |
| exceed £68 but do not exceed £70 | 8.00 |
| exceed £70 | Nil |
”.
SCHEDULE C
| Provision of Principal Act Amended | Nature of Amendment |
|---|---|
| (1) | (2) |
| Section 2(3)(a) | The deletion in subparagraph (ii) after “benefit,” of “and”. |
| The substitution for subparagraph (iii) of the following subparagraphs: “(iii) section 121(1) in the case of an applicant for unemployment assistance to whom section 121(1)(b) applies, and (iv) section 191H(1) in the case of an applicant for sickness allowance to whom section 191H(1)(b) applies,”. | |
| Section 2(3)(b)(as amended by section 15 of the Act of 1996) | The deletion in subparagraph (ii) after “198,” of “and”. |
| The substitution for subparagraph (iii) of the following subparagraphs: “(iii) section 121(1) in the case of an applicant for unemployment assistance to whom section 121(1) (a) applies, and (iv) section 191H(1) in the case of an applicant for sickness allowance to whom section 191H(1)(a) applies”. | |
| Section 3(12) (as amended by section 15 of the Act of 1996) | The insertion after “191C(3),” of “191G(2), 191I,”. |
| Section 191E(2)(inserted by section 13 of the Act of 1996) | The insertion before “unemployment assistance” of “sickness allowance,” in each place where it occurs. |
| Section 207(1)(c)(i) (as amended by section 15 of the Act of 1996) | The substitution for “blind pension or disability allowance,” of “, blind pension, disability allowance or sickness allowance,”. |
| The substitution for “or 191C(1)(a),” of “, 191C(1)(a) or 191H(i),”. |
SCHEDULE D
| Provision of Principal Act Amended | Nature of Amendment |
|---|---|
| (1) | (2) |
| Section 22(4), 30(1)(i), 95, 96, 97, 98, 99, 122(4), 163(1) (in the definition of “relevant pensioner” (substituted by section 12 of the Act of 1995)), 207(1)(c)(i) (as amended by section 15 of the Act of 1996), 210(1)(f) (in the definition of “benefit”), 211(5), 237(1) and Reference 4 of Part I (inserted by section 3 of this Act) of the Second Schedule | The substitution for “invalidity pension” of “disability pension” in each place where it occurs. |
| Section 22(4), 30(1)(a), 31, 32, 33, 34, 35, 35A (inserted by section 7 of the No. 2 Act of 1993), 36, 39(1)(b) (inserted by section 10 of this Act), 41I(1)(b) (inserted by section 11 of this Act), 79(1)(b), 96, 122(4), 191E(1) (inserted by section 13 of the Act of 1996), 207(1)(c)(i) (as amended by section 15 of the Act of 1996), 209(7), 210 (1)(a) (in the definition of “benefit” (as amended by section 27 of the Act of 1996)), 237 and Reference 1 of Part 1 (inserted by section 3 of this Act) of the Second Schedule | The substitution for “disability benefit” of “sickness benefit” in each place where it occurs. |
SCHEDULE E
| Provision of Principal Act Amended | Nature of Amendment |
|---|---|
| (1) | (2) |
| Section 118(e) | The substitution of “widow's (non-contributory) pension, widower's (non-contributory) pension and orphan's (non-contributory) pension,” for “widow's and orphan's (non-contributory) pensions,”. |
| Section 210(2)(f) (as amended by section 27 of the Act of 1996) | The substitution of “widow's (non-contributory) pension, widower's (non-contributory) pension,” for “widow's (non-contributory) pension,”. |
| Section 236 (as amended by section 19 of the Act of 1996) | The substitution of “widow's (non-contributory) pension, widower's (non-contributory) pension or orphan's (non-contributory) pension” for “widow's or orphan's (non-contributory) pension” in both places where it occurs. |
| Section 238(1) | The substitution of widow's (non-contributory) pension, widower's (non-contributory) pension or orphan's (non-contributory) pension,” for “widow's or orphan's (non-contributory) pensions,”. |
| Rules 1(4) and 5 of Part II (as amended by section 19 of the Act of 1996) | The substitution of “widow's (non-contributory) pension, widower's (non-contributory) pension,” for “widow's (non-contributory) pension,” in each place where it occurs. |
| Rule 2(2) of Part II of the Third Schedule | The substitution for paragraph (a) of the following paragraph: “(a) widow's (non-contributory) pension or widower's (non-contributory) pension,”. |
| Reference 4 of Part 1 (inserted by section 4 of this Act) of the Fourth Schedule | The substitution of “Widow's (Non-Contributory) Pension, Widower's (Non-Contributory) Pension,” for “Widow's (Non-Contributory) Pension,”. |
SCHEDULE F
| Provision of Principal Act Amended | Nature of Amendment |
|---|---|
| (1) | (2) |
| Sections 2(2), 2(2)(a)(iv), 2(2)(c), 3(13), 34(1), 34(3), 41E (inserted by the European Communities (Social Welfare) Regulations, 1995 (S.I. No. 25 of 1995)), 45(1), 45(3), 55(1), 55(3), 87(1), 87(3), 91(1), 91(3), 99(1), 99(3), 121(1), 122(1), 122(4), 124(1), 127(2), 128(1)(a), 128(3), 170, 178(1)(a), 191C(1)(a) and 191C(3)(inserted by section 13 of the Act of 1996), 210(2)(a), 210(2)(c), 210(2)(e), 245A (inserted by section 15 of the Act of 1995), column (3) of Part I of the Second Schedule and column (3) of Part I of the Fourth Schedule | The substitution of “qualified adult” for “adult dependant” in each place where it occurs. |
SCHEDULE G
| Provision of Principal Act Amended | Nature of Amendment |
|---|---|
| (1) | (2) |
| Section 15 | The substitution in subsection (1)(a) for subparagraphs (i) and (ii) of the following: “(i) which, apart from the provisions of Article 9 of the Regulations of 1996 would otherwise have been an amount due at the relevant date in respect of sums which an employer is liable under Chapter 2 or 3 of Part II of this Act, and any regulation thereunder (other than the said Article 9) to deduct from reckonable earnings or reckonable emoluments, to which the said Chapters 2 and 3 apply, paid by him during the period of twelve months next before the relevant date, and (ii) with the addition of any interest payable under Article 10 of the Regulations of 1996,”. The substitution for subsection (2) of the following subsection: “(2) In this section— ‘the Regulations of 1996’ means the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 (S.I. No. 312 of 1996).”. |
| Section 83(3)(1)(b), 84(9), 84(14), 88(4)(b)(1) and 89(6) (as amended by section 26 the Act of 1996) | The substitution for “(5)(2)(a), 6(2)(a) or 7(2)(a) of the Social Welfare (Modifications of Insurance) Regulations, 1991 to 1995” of “81(2)(a), 82(2)(a) or 83(2)(a) of the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 (S.I. No. 312 of 1996)” in each place where it occurs. |
| Section 212 (as amended by Section 7 of the Act of 1996) | The deletion of subsection (7). |
SCHEDULE H
| Provision of Principal Act Amended | Nature of Amendment |
|---|---|
| (1) | (2) |
| Sections 84 and 89 | The substitution in subsection (1) for paragraph (b) of the following paragraph: “(b) that the claimant— (i) has qualifying contributions in respect of at least 520 contribution weeks, or (ii) in the case of a person who on or before the 6th day of April, 1997, is a voluntary contributor paying contributions under Chapter 4 of Part II, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks, of which not less than 156 are qualifying contributions, or (iii) in any other case, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks of which not less than 260 are qualifying contributions, since his entry into insurance,”. |
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