Social Welfare Act 2000

PART I Preliminary

1 Short title and construction.

1.—(1) This Act may be cited as the Social Welfare Act, 2000.

(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 —

“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 Act of 1999” means the Social Welfare Act, 1999;

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

“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 amended by the substitution for Parts I to IV (inserted by section 4 of the Act of 1999) of the Second Schedule thereto of the Parts set out in Schedule A to this Act.

(2) This section comes into operation—

(a) in so far as it relates to unemployment benefit, on 27 April 2000,

(b) in so far as it relates to disability benefit, health and safety benefit, injury benefit and disablement gratuity on 1 May 2000,

(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 4 May 2000, and

(d) 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 5 May 2000.

5 Social assistance payments (new rates).)

5.—(1) The Principal Act is amended by the substitution for Parts I and II (inserted by section 5 of the Act of 1999) of the Fourth Schedule thereto of the Parts set out in Schedule B to this Act.

(2) This section comes into operation—

(a) in so far as it relates to unemployment assistance and farm assist, on 26 April 2000,

(b) in so far as it relates to supplementary welfare allowance, on 1 May 2000,

(c) in so far as it relates to disability allowance, on 3 May 2000,

(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 4 May 2000, 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 5 May 2000.

6 Child benefit (new rates).)

6.—(1) The Fourth Schedule to the Principal Act is amended by the substitution for Part III (inserted by section 6 of the Act of 1999) of the following Part:

“PART III

Amount for each of first 2 children	Amount for each child in excess of 2
(1)	(2)
£42.50	£56.00

”.

(2) This section comes into operation on 1 September 2000.

7 Family income supplement (new weekly rates).

7—(1) The Principal Act is amended by the substitution for section 198 (inserted by section 7(1) of the Act of 1999) of the following section:

“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, £233,

(b) in the case of a family which includes 2 children, £253,

(c) in the case of a family which includes 3 children, £273,

(d) in the case of a family which includes 4 children, £293,

(e) in the case of a family which includes 5 children, £318,

(f) in the case of a family which includes 6 children, £338,

(g) in the case of a family which includes 7 children, £355, or

(h) in the case of a family which includes 8 or more children, £372.”.

(2) This section comes into operation on 4 May 2000.

8 Employment contributions (exemption from payment, new rates of contributions and increases in earnings ceilings).

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

(a) the insertion after subsection (1)(a) of the following subsection:

“(aa) where in any contribution week a payment of not more than £226 per week (or the equivalent thereof in respect of an employed contributor remunerated otherwise than on a weekly basis) is made to or for the benefit of an employed contributor in respect of reckonable earnings of that contributor relating to an employment, a contribution shall not be payable by that employed contributor in respect of those earnings from that employment.”,

(b) the substitution in subsection (1)(b) for “a payment” of “a payment of more than £226”,

(c) the substitution in subsection (1)(c) of “£26,500” for “£25,400” (inserted by section 8(1)(a) of the Act of 1999),

(d) the substitution in subsection (1)(d) of—

(i) “7.8 per cent.” for “8.5 per cent.”, and

(ii) “11.3 per cent.” for “12 per cent.”,

(both inserted by section 8(1)(c) of the Act of 1996),

(e) the substitution in subsection (1)(e) (inserted by section 8(1)(c) of the Act of 1999) of “£36,600” for “£35,000”, and

(f) the substitution in subsection (7) (inserted by section 12 of the Act of 1996) of “7.8 per cent.” for “8.5 per cent.” and of “11.3 per cent.” for “12 per cent.”.

(2) This section, other than subsection (1)(d) and (f), comes into operation on 6 April 2000.

(3) Subsection (1)(d) and (f) comes into operation on such day or days as the Minister may appoint by order.

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

9.—(1) Section 18(1) of the Principal Act is amended by the substitution in paragraph (d) of “£26,500” for “ £25,400” (inserted by section 9(1) of the Act of 1999).

(2) This section comes into operation on 6 April 2000.

PART III Carer's Benefit

10 Carer's benefit

10.—Part II of the Principal Act is amended by the insertion after Chapter 11 of the following Chapter:

Carer's Benefit

Interpretation	82A.—(1) Subject to this Act, in this Chapter—
	‘carer’ means a person who has attained the age of 16 years and is under pensionable age and who—
	(a) resides with and provides full-time care and attention to a relevant person, or
	(b) subject to such conditions and in such circumstances as may be prescribed, does not reside with but provides full-time care and attention to a relevant person;
	‘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 has such a disability that he or she requires 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.
	(2) For the purposes of subsection (1), a relevant person shall be regarded as requiring full-time care and attention where—
	(a) he or she has such a disability that he or she requires from another person—
	(i) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or
	(ii) continual supervision in order to avoid danger to himself or herself,
	and
	(b) the nature and extent of his or her disability has been certified in the prescribed manner by a medical practitioner.
	(3) The Minister may make regulations specifying the circumstances and conditions under which a person is to be regarded as providing full-time care and attention to a relevant person.
Entitlement to benefit	82B—(1) Subject to this Act, a benefit (in this Act referred to as ‘carer's benefit’) shall be payable to a career if he or she—
	(a) was engaged in remunerative full-time employment as an employed contributor for the three-month period immediately prior to the first day in respect of which a claim to carer's benefit is made,
	(b) does not engage in employment or self-employment, and
	(c) satisfies the contribution conditions in section 82C.
	(2) Subsection (1)(a) shall not apply in respect of a claimant who was in receipt of carer's benefit within the period of three months immediately prior to the first day in respect of which a claim to carer's benefit is made.
	(3) Notwithstanding subsection (1)(b), the Minister may make regulations to provide that a carer may engage in employment or self-employment subject to such limitations in relation to hours or remuneration as may be prescribed and subject to such conditions and in such circumstances as may be prescribed.
	(4) Subsection (1)(c) shall not apply in the case of a claimant who was previously in receipt of carer's benefit.
	(5) In this section ‘remunerative full-time employment’ means employment for an aggregate of not less than 38 hours in each period of a fortnight within the three-month period referred to in subsection (1)(a).
Conditions for receipt.	82C.—(1) The contribution conditions for carer's benefit are that the carer has qualifying contributions in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the first day for which the benefit is claimed, and qualifying contributions in respect of not less than—
	(a) 39 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the first day for which the benefit is claimed, or
	(b) 39 contribution weeks in the 12 months immediately prior to the first day for which the benefit is claimed, or
	(c) 26 weeks in each of the last two complete contribution years before the beginning of the benefit year which includes the first day for which the benefit is claimed.
	(2) Regulations may provide for modification of the contribution conditions set out in subsection (1).
Rate of benefit.	82D.—(1) Subject to this Act, the rate (in this Chapter referred to as the ‘scheduled rate’) of carer's benefit shall be—
	(a) in the case of a person who is a carer of more than one relevant person the weekly rate set out in column (2) at reference 7(b) in Part I of the Second Schedule, and
	(b) in any other case, the weekly rate set out in column (1) at reference 7(a) in Part I of the Second Schedule,
	increased by the appropriate amount set out in column (4) of that Part opposite that reference in respect of each qualified child who normally resides with the beneficiary.
	(2) Any increase in carer's benefit payable under subsection (1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount and subsection (1) shall be construed and have effect accordingly.
Duration of payment.	82E.—A carer who has been in receipt of carer's benefit for 65 weeks, whether consecutive or not, in respect of the full-time care and attention being provided to a relevant person, shall not thereafter be entitled to such benefit in respect of the full-time care and attention being provided to the same relevant person.
Respite care grant.	82F.—(1) Subject to subsection (2), a grant (in this section referred to as a ‘respite care grant’) of £300, or such higher amount as may be prescribed, shall be paid to a carer in respect of the cost of respite care.
	(2) A grant in accordance with subsection (1) shall be payable each year to a carer who, on such date each year as may be prescribed, is entitled to or in receipt of carer's benefit.
Medical examination.	82G.—(1) A relevant person, in respect of whose full-time care and attention a carer is entitled to or in receipt of carer's benefit, shall attend for or submit to such medical or other examination as may be required in accordance with regulations.
	(2) Regulations under subsection (1) may also provide for disqualifying a person for receiving carer's benefit if the relevant person, in respect of whose full-time care and attention the benefit is payable, fails without good cause to attend for or submit to such medical or other examination as may be required in accordance with those regulations.
Payment of benefit.	82H.—Notwithstanding this Chapter—
	(a) only one carer's benefit shall be payable to a carer, and only one carer's benefit shall be payable in respect of the full-time care and attention being provided to a relevant person,
	(b) carer's benefit shall not be payable in respect of the full-time care and attention being provided to a relevant person in any case where a carer's allowance under Part III is being paid to any person in respect of the full-time care and attention being provided to the same relevant person, and
	(c) a prescribed relative allowance under Chapter 10 of Part III shall cease to be payable to a relevant person or prescribed relative, as the case may be, where the prescribed relative or any other person becomes entitled to and receives a carer's benefit in respect of the full-time care and attention being provided to that relevant person.
Disqualification.	82I.—A person who, having been in receipt of carer's benefit for a period of less than 6 weeks in respect of the full-time care and attention being provided to a relevant person, ceases to be entitled to such benefit, shall be disqualified for receipt of carer's benefit in respect of the full-time care and attention being provided to the same relevant person for a period of 6 weeks from the last day for which he or she was entitled to the benefit.
Regulations.	82J.— Regulations may provide for requiring an employer or any other person to furnish such information as may be required for the purpose of determining a claim to carer's benefit.”.

11 Amendments consequential on section 10.

11.—(1) The Principal Act is amended by—

(a) the insertion in section 30(1) after paragraph (e) of the following paragraph:

“(ee) carer's benefit,”,

(b) the insertion in Part I of the Second Schedule (inserted by section 4 of this Act) after the rate of allowance contained at reference 6 of the following rates:

“7. Carer's Benefit:

(a) in the case of a person to whom section 82D(1)(b) applies ...

| 88.50 | — | 13.20 | — | — | — |

(b) in the case of a person to whom section 82D(1)(a) applies

| 132.80 | — | 13.20 | — | — | — |”,

and

(c) the insertion after section 168A (inserted by section 11 of the Act of 1999) of the following section:

“168B.—(1) A relevant person in respect of whose full-time care and attention a carer is entitled to or in receipt of carer's allowance shall attend for or submit to such medical or other examination as may be required in accordance with regulations.

(2) Regulations under subsection (1) may also provide for disqualifying a person for receiving carer's allowance if the relevant person in respect of whose full-time care and attention the allowance is payable fails without good cause to attend for or submit to such medical or other examination as may be required in accordance with those regulations.”.

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

12 Commencement (Part III).

12.—This Part comes 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 Widowed Parent Grant

13 Widowed parent grant.

13.—The Principal Act is amended by the insertion after Chapter 19 of Part II of the following Chapter:

“Chapter 19A

Widowed Parent Grant

116A.—(1) Subject to this Act, a grant (in this section referred to as a ‘widowed parent grant’) of £1,000, or such higher amount as may be prescribed, shall be paid to a widowed parent on the death of his or her spouse.

(2) In this Chapter—

‘spouse’ includes a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State and in relation to a widow or widower who has been married more than once, refers only to the widow's or widower's last spouse;

‘widow’ includes a woman who would otherwise be a widow but for the fact that her marriage has been dissolved, being a dissolution that is recognised as valid in the State;

‘widowed parent’ means a widow or widower who—

(a) has at least one qualified child who normally resides with him or her, and

(b) (i) is entitled to or in receipt of bereavement grant, or

(ii) is entitled to or in receipt of—

(I) death benefit under section 60, or

(II) widow's (contributory) pension, or