Social Welfare Act 1999

PART I Preliminary

1 Short title and construction.

1.—(1) This Act may be cited as the Social Welfare Act, 1999.

(2) The Social Welfare Acts and this Act (other than Parts VII and VIII) shall be construed together as one.

2 Definitions.

2.—In this Act—

“the Act of 1995” means the Social Welfare Act, 1995;

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

“the Act of 1997” means the Social Welfare Act, 1997;

“the Act of 1998” means the Social Welfare Act, 1998;

“the No. 2 Act of 1993” means the Social Welfare (No. 2) Act, 1993;

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

3 Continuance of instruments.

3.—An instrument that is made under a provision of the Principal Act that is amended by this Act and that is in force immediately before the commencement of the amendment shall continue in force as if made under the provision so amended.

PART II Increases

4 Social insurance benefits (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 4 of the Act of 1998) and Part V 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 death benefit under section 63 and bereavement grant (inserted by section 19 of this Act), on the 6th day of April, 1999,

(b) in so far as it relates to unemployment benefit, on the 27th day of May, 1999,

(c) in so far as it relates to disability benefit, health and safety benefit, injury benefit and disablement gratuity on the 31st day of May, 1999,

(d) 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 3rd day of June, 1999, and

(e) in so far as it relates to disablement pension, death benefit under section 60, 61 or 62 of the Principal Act, old age (contributory) pension, widow's and widower's (contributory) pension and orphan's (contributory) allowance, on the 4th day of June, 1999.

5 Social assistance payments (new rates).

5.—(1) The Principal Act is hereby amended by the substitution for Parts I and II (inserted by section 5 of the Act of 1998) 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 26th day of May, 1999,

(b) in so far as it relates to supplementary welfare allowance, on the 31st day of May, 1999,

(c) in so far as it relates to disability allowance, on the 2nd day of June, 1999,

(d) 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 and a relevant payment by virtue of section 18(1) (b) or (c) of the Act of 1996, on the 3rd day of June, 1999, and

(e) in so far as it relates to old age (non-contributory) pension, blind pension, widow's and widower's (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and orphan's (non-contributory) pension, on the 4th day of June, 1999.

6 Child benefit (new rates).

6.—(1) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part III (inserted by section 6 of the Act of 1998) of the following Part:

“PART III

Amount for each of first 2 children	Amount for each child in excess of 2
(1)	(2)
£34.50	£46.00

”.

(2) This section shall come into operation on the 1st day of September, 1999.

7 Family income supplement (new weekly rates)

7.—(1) The Principal Act is hereby amended by the substitution for section 198 (inserted by section 7 (3) of the Act of 1998) 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, £220,
	(b) in the case of a family which includes 2 children, £240,
	(c) in the case of a family which includes 3 children, £260,
	(d) in the case of a family which includes 4 children, £280,
	(e) in the case of a family which includes 5 children, £305,
	(f) in the case of a family which includes 6 children, £325,
	(g) in the case of a family which includes 7 children, £342, or
	(h) in the case of a family which includes 8 or more children, £359.”.

(2) This section shall come into operation on the 3rd day of June, 1999.

8 Employment contributions (increases in earnings ceilings).

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

(a) the substitution in subsection (1)(c) of “£25,400” for “£-549200” (inserted by section 8(1)(b) of the Act of 1998),

(b) the substitution in subsection (1)(d) (i) and (ii) of “£280” for “£-579” (inserted by section 8(1)(c) of the Act of 1998), and

(c) the substitution in subsection (1)(e) of “£35,000” for “£-599000” (inserted by section 8(1)(d) of the Act of 1998).

(2) This section shall come into operation on the 6th day of April, 1999.

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

9.—(1) Section 18(1) of the Principal Act is hereby amended by the substitution in paragraph (d) of “£-559400” for “£24,200” (inserted by section 9(1) of the Act of 1998).

(2) This section shall come into operation on the 6th day of April, 1999.

PART III Carers

10 Extension of definitions.

10.—Section 163 (1) of the Principal Act is hereby amended by—

(a) the substitution for the definition of “relevant pensioner” (inserted by section 12 (1) of the Act of 1995) of the following definition:

“‘relevant person’ 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 the age of 16 years, or

(b) is under the age of 16 years and is a person in respect of whom an allowance is paid for domiciliary care of handicapped children under section 61 of the Health Act, 1970;”,

and

(b) the substitution for the definition of “carer” of the following definition:

“‘carer’ means—

(a) a person who resides with and provides full-time care and attention to a relevant person, or

(b) a person who, subject to such conditions and in such circumstances as may be prescribed, does not reside with but who provides full-time care and attention to a relevant person.”.

11 Respite care grant.

11.—The Principal Act is hereby amended by the insertion after section 168 of the following section:

“Respite care grant.	168A.—(1) A grant (in this section referred to as a ‘respite care grant’) of £200, or such higher amount as may be prescribed, shall be paid to a relevant carer each year in respect of the cost of respite care.
	(2) In this section a ‘relevant carer’ means a person who is—
	(a) a carer who is entitled to or in receipt of carer's allowance under this Chapter,
	(b) a prescribed relative within the meaning of section 163 and in respect of whom an allowance is payable under section 167, or
	(c) providing full-time care to a person who is in receipt of an increase of disablement pension under section 57 in respect of the need for constant attendance.
	(3) Regulations made under this section shall prescribe—
	(a) the date in each year on which a respite care grant shall become payable to a relevant carer, and
	(b) the evidence to be submitted by a relevant carer to whom subsection (-5)9c) applies, to show that the carer is on that date providing the care referred to in that paragraph.”.

12 Assessment of means — improvements.

12.—Part II of the Third Schedule to the Principal Act is hereby amended by—

(a) the deletion in Rule 1(4) of subparagraph (b) (inserted by section 10(-5)9b) of the Act of 1998),

(b) the insertion after paragraph (6) of Rule 1 of the following paragraph:

“(7) In the case of carer's allowance, in calculating the weekly means of a carer who is not one of a couple (other than means derived from a social security payment payable under the legislation of another state), such amount as may be prescribed shall be disregarded,”,

and

(c) the substitution for paragraph (1A) (inserted by section 12(2) of the Act of 1995) of Rule 4 of the following paragraphs:

“(1A) In the case of carer's allowance, in calculating the weekly means of the other member of the couple for the purposes of paragraph (1) the following shall be disregarded—

(a) an amount, not exceeding, the maximum amount set out in column (2), reference 3 of Part I of the Second Schedule, of a social security payment payable under the legislation of another state, and

(b) an amount, not exceeding half the amount set out in column (4), reference 3 of Part I of the Second Schedule, of a social security payment payable under the legislation of another state in respect of each qualified child for which an increase is granted under section 165(1) (as amended by section 23 of the Act of 1997).

(1B) In the case of carer's allowance, in calculating the weekly means of the couple (other than means derived from a social security payment payable under the legislation of another state), such amount as may be prescribed shall be disregarded.”.

13 Amendments consequential on section 10.

13.—Each provision of the Principal Act mentioned in column (1) of Schedule C to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

14 Commencement (Part III).

14.—This Part shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

PART IV Farm Assist

15 Farm assist.

15.—Part III of the Principal Act is hereby amended by the insertion after Chapter 13 (inserted by section 15 of the Act of 1997) of the following Chapter:

“CHAPTER 14