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1991 SOCIAL WELFARE ACT, 1991 ARRANGEMENT

SECTIONS PART I Preliminary Section

1. Short title, construction and collective citation.
2. Interpretation. PART II Increases
3. Social insurance benefits (new rates).
4. Social assistance payments (new rates).
5. Child benefit.
6. Definition

“qualified child”.

1. Family income supplement.
2. Carer's allowance.
3. Payments after death.
4. Repeal.
5. Minimum payment

unemployment assistance.

1. Pay-related social insurance contributions (increase in earnings ceilings).
2. Increase in earnings ceiling and minimum contributions payable by self-employed contributors.
3. Self-employment contributions.
4. Voluntary contributions by self-employed contributors.
5. Pay-related benefit. PART III Contribution Conditions for Short-Term Benefits
6. Conditions for receipt

benefit. 18. Amendment

section 19

Principal Act (conditions for receipt). 19. Amendment

section 30

Principal Act (conditions for receipt). 20. Amendment

section 89

Principal Act (conditions for receipt). 21. Standardisation

maternity provisions. 22. Insurability

outworkers and managers

employment

fices. PART IV Contribution Conditions for Pensions 23. Conditions for receipt

old age (contributory) pension. 24. Conditions for receipt

retirement pension. 25. Consequential amendments arising from revised conditions for receipt

old age (contributory) and retirement pensions.

1. Power to remove difficulties.
2. Application

Part IV

Information required by Minister. 29. Failure to keep records. 30.

fences. 31. Employers to keep copies

statements issued under Minimum Notice and Terms

Employment Act,

2. Amendment

section 20

Act

1988 (prosecutions). 33. Furnishing

information to Minister by personal representatives. 34. Amendment

section 169

Principal Act (legal proceedings).

1. Revised decisions.
2. Employment contributions in a winding-up.
3. Amendment

section 285

Companies Act,

2. Recovery

sums due to Social Insurance Fund. PART VI Amalgamation

Separate Employer's Occupational Injuries and Redundancy Contributions with Employer's Social Insurance Contributions 39. Amalgamation

employer's redundancy contribution with employer's social insurance contribution. 40. Amalgamation

employer's contribution in respect

occupational injuries with employer's social insurance contribution. PART VII Miscellaneous

1. Social assistance schemes, means test exemptions.
2. Waiting days.
3. Overlapping provisions.
4. Recoupment

supplementary welfare allowance. 45. Calculation

supplementary welfare allowance.

1. Disabled person's maintenance allowance.
2. Family income supplement (interpretation).
3. Definition

“spouse”.

1. Requalification for unemployment benefit.
2. Entitlement to unemployment benefit and assistance.
3. Disregarding

means for certain recipients

unemployment assistance.

1. Linking period in unemployment assistance claims.
2. Notification

increase

means.

1. Budgeting in relation to social welfare payments.
2. Duration

payment

disability benefit. 56. Assessment

means. 57. Sanction

Minister for Finance in relation to certain regulations.

1. Repeals.
2. Regulations in relation to benefit or assistance. PART VIII Amendments to Pensions Act
3. Borrowing by Board.
4. Amendment

section 37

Pensions Act. 62. Amendment

section 55

Pensions Act. 63. Amendment

section 56

Pensions Act. 64. Amendment

Third Schedule to Pensions Act. SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D Acts Referred to Companies Act, 1963 1963, No. 33 Companies Acts, 1963 to 1990 Defence Forces (Pensions) Acts, 1932 to 1975 Finance Act, 1986 1986, No. 13 Health Act, 1947 1947, No. 28 Health Act, 1970 1970, No. 1 Local Government Act, 1941 1941, No. 23 Maternity Protection

Employees Act, 1981 1981, No. 2 Minimum Notice and Terms

Employment Act, 1973 1973, No. 4 Pensions Act, 1990 1990, No. 25 Protection

Employees (Employer's Insolvency) Act, 1984 1984, No. 21 Protection

Employees (Employer's Insolvency) Acts, 1984 and 1990 Redundancy Payments Act, 1967 1967, No. 21 Redundancy Payments Act, 1979 1979, No. 7 Redundancy Payments Acts, 1967 to 1990 Social Welfare (Consolidation) Act, 1981 1981, No. 1 Social Welfare (Amendment) Act, 1981 1981, No. 3 Social Welfare Act, 1982 1982, No. 2 Social Welfare Act, 1983 1983, No. 6 Social Welfare Act, 1984 1984, No. 5 Social Welfare (No. 2) Act, 1985 1985, No. 14 Social Welfare Act, 1986 1986, No. 8 Social Welfare Act, 1987 1987, No. 2 Social Welfare (No. 2) Act, 1987 1987, No. 29 Social Welfare Act, 1988 1988, No. 7 Social Welfare Act, 1989 1989, No. 4 Social Welfare Act, 1990 1990, No. 5 Social Welfare Acts, 1981 to 1990 Number 7

1991 SOCIAL WELFARE ACT, 1991 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1990, AND FOR THOSE PURPOSES TO AMEND SECTION 69

THE HEALTH ACT, 1970 , AND SECTION 285

THE COMPANIES ACT, 1963 , AND TO PROVIDE FOR THE AMALGAMATION

SEPARATE EMPLOYER'S OCCUPATIONAL INJURIES AND REDUNDANCY CONTRIBUTIONS WITH EMPLOYER'S SOCIAL INSURANCE CONTRIBUTIONS, TO AMEND AND EXTEND THE PENSIONS ACT, 1990 , AND TO PROVIDE FOR CONNECTED MATTERS. [1st April, 1991] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary Short title, construction and collective citation. 1.—

this Act and subsection

this section shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1991.

1983” means the Social Welfare Act, 1983 ; “the Act

1984” means the Social Welfare Act, 1984 ; “the No. 2 Act

1985” means the Social Welfare (No. 2) Act, 1985 ; “the Act

1986” means the Social Welfare Act, 1986 ; “the Act

1987” means the Social Welfare Act, 1987 ; “the No. 2 Act

1987” means the Social Welfare (No. 2) Act, 1987 ; “the Act

1988” means the Social Welfare Act, 1988 ; “the Act

1989” means the Social Welfare Act, 1989 ; “the Act

1990” means the Social Welfare Act, 1990 ; “the Pensions Act” means the Pensions Act, 1990 .

the Act

1990)

the Second Schedule thereto

the Parts set out in Schedule A to this Act.

July, 1991, (b) in so far as it relates to death benefit under section 50 , 51 or 52

the Principal Act, old age (contributory) pension, survivor's benefit, widow's (contributory) pension and orphan's (contributory) allowance, on the 26th day

July, 1991, and (c) in so far as it relates to disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 29th day

July, 1991. Social assistance payments (new rates). 4.—

the Act

1990) and Part III (inserted by section 4

the Act

1990)

the Fourth Schedule thereto

the Parts set out in Schedule B to this Act.

July, 1991, (b) in so far as it relates to pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, single woman's allowance, lone parent's allowance (other than lone parent's allowance payable in respect

a widow or widower) and carer's allowance, on the 25th day

July, 1991, (c) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension, lone parent's allowance payable in respect

a widow or widower and orphan's (non-contributory) pension, on the 26th day

July, 1991, and (d) in so far as it relates to supplementary welfare allowance, on the 29th day

July, 1991. Child benefit. 5.—

the Principal Act is hereby amended by the substitution for subsection

the Act

1989)

the following subsection: “

moneys provided by the Oireachtas a monthly benefit

the amount set out in column

Part IV

the Fourth Schedule in respect

each

the first three qualified children and, in addition, the amount set out in column

that Part in respect

each qualified child (if any) in excess

three.”.

the Act

1990)

the following Part: “PART IV Amounts

Child Benefit Amount for each

first three children Amount for each child in excess

three

October, 1991. Definition

“qualified child”. 6.—

the Principal Act is hereby amended by the substitution for the definition

“qualified child” (inserted by section 6

the Act

1990)

the following definition: “‘qualified child’ means a person who is ordinarily resident in the State, is not detained in a reformatory or an industrial school, and— (a) for the purposes

— (i) sections 21

an applicant for unemployment assistance other than as referred to in paragraph (b), is under the age

18 years, (b) for the purposes

— (i) section 44

an applicant who, in any continuous period

unemployment as construed in accordance with section 135

unemployment benefit or unemployment assistance for not less than 390 days— (I) is under the age

18 years, or (II) is

or over the age

18 years and under the age

21 years, and is receiving full-time education, the circumstances

which shall be specified in regulations.”.

the Act

1983)

section 223 for subparagraph (i)

paragraph (b)

the following subparagraph: “(i) is receiving full-time education, the circumstances

which shall be specified in regulations, or”.

June, 1991, except in so far as it relates to the definition

“qualified child” (inserted by subsection

this section) in section 2

the Principal Act for the purposes

section 139 (b)

that Act it shall come into operation on the 29th day

May, 1991, and for the purposes

section 232A

that Act it shall come into operation on the 24th day

October, 1991. Family income supplement. 7.—

the Act

1984 and amended by section 5

the Act

1988)

the following sections: “Entitlement to family income supplement. 232B.—Subject to this Part, an allowance (in this Part referred to as ‘family income supplement’) shall be payable out

moneys provided by the Oireachtas in respect

a family where the weekly family income is less than— (a) in the case

a family which includes only one child, £140, or (b) in the case

a family which includes two children, £160, or (c) in the case

a family which includes three children, £180, or (d) in the case

a family which includes four children, £200, or (e) in the case

a family which includes five children, £225, or (f) in the case

a family which includes six children, £242, or (g) in the case

a family which includes seven children, £259, or (h) in the case

a family which includes eight or more children, £276. Weekly rate

family income supplement. 232C—

family income supplement shall be 60 per cent.

the amount by which the weekly family income is less than the amount appropriate in the particular case under section 232B.

family income supplement pursuant to subsection

£1 shall be treated as £1 and where the weekly rate so calculated is below a prescribed amount, the supplement shall be payable at the prescribed amount.”.

July, 1991. Carer's allowance. 8.—

the Act

1990)

the Principal Act is hereby amended— (a) by the substitution for the definition

“relevant pensioner”

the following definition: “‘relevant pensioner’ means a person (other than a person in receipt

a payment in respect

need for constant attendance under section 46) who is so incapacitated as to require full-time care and attention, and who under the provisions

this Act— (a) is in receipt

— (

1. i)old age (contributory) pension, (
2. ii)invalidity pension, (iii) old age (non-contributory) pension, (
3. iv)blind pension, (
4. v)a maintenance allowance under section 69

the Health Act, 1970 , or (

1. vi)a payment corresponding to a pension referred to in subparagraph (
2. i)to a person who is over pensionable age, or in subparagraph (
3. ii)from another Member State

the European Communities, or under the legislation

any other State with which the Minister has made a reciprocal arrangement under the provisions

section 307, or (b) who has attained pensionable age and is in receipt

— (i) death benefit by way

widow's or widower's pension, (ii) death benefit by way

parent's pension, (iii) retirement pension, (

1. iv)widow's (contributory) pension, (
2. v)deserted wife's benefit, (
3. vi)widow's (non-contributory) pension, (vii) deserted wife's allowance, (viii) prisoner's wife's allowance, (
4. ix)lone parent's allowance, or (
5. x)a payment corresponding to a pension referred to in subparagraph (i), (ii), (iii) or (
6. iv)from another Member State

the European Communities, or under the legislation

any other State with which the Minister has made a reciprocal arrangement under the provisions

section 307;”, and (b) by the insertion after subsection

the following subsection: “

subsection

at least 12 months.”.

the Act

1990)

the Principal Act is hereby amended by the substitution for subsection

the following subsection: “

this Chapter, a prescribed relative allowance was being paid to or in respect

a claimant for a carer's allowance, the carer's allowance shall be paid at a weekly rate corresponding to the rate

prescribed relative allowance specified in column

Part I

the Fourth Schedule, unless the weekly rate

carer's allowance as calculated in accordance with subsection

the Act

1990)

the Principal Act is hereby amended by the substitution for paragraph (c)

the following paragraph: “(

1. c)provide for— (
2. i)entitling to carer's allowance such class or classes

person as may be prescribed who would be entitled thereto but for the fact that the conditions as to means as calculated in accordance with the Rules contained in the Third Schedule are not satisfied, or (ii) entitling to carer's allowance at a rate higher than that calculated in accordance with subsection

section 198I such class or classes

person as may be prescribed, and the rate

allowance so payable may vary in accordance with the claimant's means.”.

subsection

this section shall come into operation on such day as the Minister may appoint by order. (b) Subsection

this section shall come into operation on the 25th day

July, 1991. Payments after death. 9.—

the Principal Act is hereby amended by— (a) the insertion in subsection

the following paragraphs: “(

1. i)unemployability supplement, (
2. j)supplementary welfare allowance, (
3. k)pre-retirement allowance, (
4. l)widow's (contributory pension, (
5. m)lone parent's allowance, (
6. n)deserted wife's benefit, (
7. o)death benefit under section 50, (
8. p)carer's allowance.”, and (
9. b)the substitution for subsection

the following subsections: “

a benefit specified in paragraphs (a) to (k)

subsection

an adult dependant, or which would include such an increase but for the receipt by that person's spouse

a pension under Chapter 3

Part III

or a carer's allowance under Chapter 5B

Part III

in his own right, dies, payment

the benefit shall continue to be made for a period

6 weeks after the date

death and shall, during that period, be made to such person and subject to such conditions as may be prescribed, and (b) where a qualified child, in respect

whom an increase

benefit is being paid, dies, the amount

such increase shall continue to be made for a period

6 weeks after the date

death, and (c) where an adult dependant in respect

whom an increase

a benefit specified in paragraph (a), (b), (c), (g) or (j)

subsection

whom such an increase would be payable but for the receipt by the adult dependant

a pension under Chapter 3

Part III

in his own right, dies, payment

such increase shall continue to be made for a period

6 weeks after the date

death, and (d) subject to paragraph (a), where a person is in receipt

carer's allowance and the relevant pensioner in respect

whom that carer is providing full-time care and attention dies and the carer is not the spouse

that pensioner, payment

the carer's allowance shall continue to be made for a period

6 weeks after the death

the relevant pensioner, and (e) in any case where payment is made by virtue

paragraph (a) or (c), entitlement to widow's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, benefit under section 87, death benefit under section 50 or 52 or entitlement to lone parent's allowance by virtue

being a widow or widower, shall not commence until after the expiration

the period

6 weeks mentioned in paragraph (

1. a)or (
2. c)except and to the extent that regulations otherwise provide.

July, 1991. Repeal. 10.—

the Principal Act is hereby repealed.

July, 1991. Minimum payment

unemployment assistance. 11.—

the following section: “Minimum payment

unemployment assistance. 140A.—

section 140

a claimant for unemployment assistance, who is not one

a couple, are assessed under the provisions

paragraph (e)

subsection

section 146 and where the rate

assistance payable to or in respect

such a claimant, as calculated in accordance with the provisions

the said section 140

unemployment assistance at the weekly rate

£5.

subsection

paragraph (e)

subsection

section 146 when applied to subsection

this section ‘spouse’ means each person

a couple in relation to the other.”.

July, 1991. Pay-related social insurance contributions (increase in earnings ceilings). 12.—

the Principal Act is hereby amended by— (

1. a)the substitution in paragraph (
2. c)(as amended by section 7

the Act

1990)

“£19,300” for “£18,600”, and (

1. b)the substitution in paragraph (
2. cc)(as amended by section 7

the Act

1990)

“£18,000” for “£17,300”.

April, 1991. Increase in earnings ceiling and minimum contributions payable by self-employed contributors. 13.—

the Act

1988)

the following section: “Rates

self-employment contributions and related matters. 17C.—Self-employment contributions shall be paid by self-employed contributors in accordance with the following provisions: (

1. a)Subject to paragraphs (b), (
2. d)and (i), where in any contribution year a self-employed contributor has reckonable income there shall be payable by him a self-employment contribution which shall be

an amount equal to 5 per cent.

the reckonable income or the amount

£234, whichever is the greater. (b) Where for any contribution year a self-employed contributor is informed by the Revenue Commissioners that he is not required to make a return

income within the meaning

section 48

the Finance Act, 1986 , self-employment contributions shall be paid by the self-employed contributor (whether by instalments or otherwise as may be prescribed) amounting to £116 in respect

that contribution year. (

1. c)Subject to paragraphs (
2. d)and (i), where in any contribution year a payment is made to a self-employed contributor in respect

reckonable emoluments

that self-employed contributor, there shall be payable by him a self-employment contribution which shall be

an amount equal to 5 per cent.

reckonable emoluments or the amount

£234, whichever is the greater. (

1. d)Contributions under paragraph (
2. a)or (
3. c)shall not be payable in any contribution year on so much (if any)

the reckonable income or reckonable emoluments for that year

a self-employed contributor as is in excess

£18,000. (e) Subject to regulations under section 17D, where a self-employment contribution has been paid by a self-employed contributor

not less than the amount that he is liable to pay under paragraph (a) or the amount specified in paragraph (b), whichever is appropriate, he shall be regarded as having paid contributions for each contribution week in that contribution year and, where the contribution paid is less than the appropriate amount aforesaid no contribution shall be regarded as having been paid by the self-employed contributor in respect

any week

that contribution year. (

1. f)The Minister may by regulations vary the sum specified in paragraph (
2. d)and such variation shall take effect from the beginning

the contribution year following that in which the regulations are made. (

1. g)Where regulations under paragraph (
2. f)are proposed to be made, a draft

the proposed regulations shall be laid before each House

the Oireachtas and the regulations shall not be made until a resolution approving

the draft has been passed by each such House. (h) Subject to subsection

section 17G, self-employment contributions shall be disregarded in determining whether the contribution conditions for any benefit other than old age (contributory) pension, widow's (contributory) pension or orphan's (contributory) allowance are satisfied. (i) A person who but for this paragraph would be liable for contributions

£234 under both paragraph (

1. a)and paragraph (
2. c)shall be liable only for a single contribution

£234.”.

the Act

1988 is hereby amended by the substitution in paragraph (b) for “17C (h)”

“17C (f)”.

April, 1991. Self-employment contributions. 14.—Subsection

section 36

the Act

1990 is hereby amended by the substitution for paragraphs (b) and (c)

the following paragraphs: “(b) 4 per cent.

reckonable income or reckonable emoluments, as the case may be, or the amount

£234, whichever is the greater, with effect from the 6th day

April, 1991, and (c) 5 per cent.

reckonable income or reckonable emoluments, as the case may be, or the amount

£234, whichever is the greater, with effect from the 6th day

April, 1992.”. Voluntary contributions by self-employed contributors. 15.—

section 17G (inserted by section 11

the Act

1988)

the Principal Act is hereby amended by the substitution for “£208”

“£234”.

April, 1991. Pay-related benefit. 16.—

the Principal Act is hereby amended by the substitution

“£75” for “£72” (inserted by section 11

the Act

1990).

interruption

employment commencing on or after the 8th day

April, 1991. PART III Contribution Conditions for Short-Term Benefits Conditions for receipt

benefit. 17.—

the Principal Act is hereby amended by the substitution for paragraph (b)

the following paragraph: “(b) that the claimant has qualifying contributions or credited contributions in respect

not less than 39 contribution weeks in the last complete contribution year before the beginning

the benefit year which includes the day for which the benefit is claimed.”.

the Principal Act is hereby amended by the substitution for paragraph (b)

the following paragraph: “(b) that the claimant has qualifying contributions or credited contributions in respect

not less than 39 contribution weeks in the last complete contribution year before the beginning

the benefit year which includes the day for which the benefit is claimed.”.

this section. Amendment

section 19

Principal Act (conditions for receipt). 18.—

the Principal Act is hereby amended— (a) by the substitution for subsection

the Act

1987)

the following subsection: “

not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and (b) that the claimant has qualifying contributions or credited contributions in respect

not less than 39 contribution weeks in the last complete contribution year before the beginning

the benefit year which includes the day for which the benefit is claimed, and (c) that the claimant has prescribed reckonable weekly earnings in excess

a prescribed amount in a prescribed period.”, and (b) by the substitution for subsections

the following subsections: “

subsection

this section. Amendment

section 30

Principal Act (conditions for receipt). 19.—

the Principal Act is hereby amended— (a) by the substitution for subsection

the Act

1987)

the following subsection: “

not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and (b) that the claimant has qualifying contributions or credited contributions in respect

not less than 39 contribution weeks in the last complete contribution year before the beginning

the benefit year which includes the day for which the benefit is claimed, and (c) that the claimant has prescribed reckonable weekly earnings in excess

a prescribed amount in a prescribed period.”, and (b) by the substitution for subsections

the following subsections: “

subsection

this section. Amendment

section 89

Principal Act (conditions for receipt). 20.—

the Principal Act is hereby amended— (a) by the substitution for subsection

the No. 2 Act

1987)

the following subsection: “

not less than 260 contribution weeks since his entry into insurance, and (b) that before the relevant date the claimant has qualifying contributions or credited contributions in respect

not less than 48 contribution weeks in the last complete contribution year before that date, and (c) that the claimant has prescribed reckonable weekly earnings in excess

a prescribed amount in a prescribed period.”, and (b) by the insertion after subsection

the following subsections: “

subsection

this section. Standardisation

maternity provisions. 21.—

the Social Welfare (Amendment) Act, 1981 )

section 24

the following subsection: “

this section, the period for which maternity allowance is payable shall be the period

maternity leave to which a woman is entitled by virtue

section 8

the Maternity Protection

Employees Act, 1981 (including any extension

that period by virtue

section 12

that Act).”, (b) the substitution for subsection

the Social Welfare (Amendment) Act, 1981 )

section 24

the following subsection: “

subsection

the employer or otherwise) during the period

maternity leave, the woman shall continue to be treated as if the event which caused the cesser

employment had not occurred.”, (c) the substitution in subsection

the No. 2 Act

1987)

section 25 for “section 24

“section 24

subsection (1A) (inserted by section 10

the No. 2 Act

1987)

section 25, (e) the substitution for section 26

the following section: “Rate

allowance. 26.—

maternity allowance shall be an amount equal to— (a) 70 per cent.

the reckonable weekly earnings

the woman to whom the allowance is payable in the income tax year prescribed for the purposes

this section, or (b) 70 per cent.

such amount as may be prescribed as the average reckonable weekly earnings

women in that year, whichever is the greater.

women, and (b) the imposition or variation

statutory deductions from or charges on earnings.

reckonable earnings received in a week up to such limit as stands prescribed for the purpose

section 73.”, (f) the deletion

section 26A (inserted by section 5

the No. 2 Act

1985) and section 26B (inserted by section 11

the Act

1986).

this section, a woman who becomes entitled to maternity allowance payable by virtue

section 24

the Principal Act before the commencement

that subsection, shall continue to be entitled to such allowance until the end

that period

entitlement to maternity allowance.

this section shall come into operation on such day or days as the Minister may appoint by order or orders and different days may be so appointed for different provisions

that subsection. Insurability

outworkers and managers

employment

fices. 22.—

section 7

“paragraph 7

Part I

the First Schedule”, (b) the deletion

paragraph (c)

section 38

paragraph 7

Part I

the First Schedule.

the First Schedule to the Principal Act is hereby amended by the deletion

paragraph 10.

April, 1991. PART IV Contribution Conditions for Pensions Conditions for receipt

old age (contributory) pension. 23.—

the Principal Act is hereby amended by the insertion after subsection

the following subsections: “

this Chapter— ‘entry into insurance’ means, subject to section 78A, in relation to any person, whichever occurs first— (a) the date on which he first becomes an insured person by virtue

section 5

paragraph (b)

subsection

the said section 5 only, or (b) the date on which he first becomes an insured person by virtue

section 17A, and that that date shall be regarded as the date

entry into insurance for the purposes

paragraphs (a) and (c)

section 79

another Member State

the European Communities, or under the legislation

any other State with which the Minister has made a reciprocal arrangement under the provisions

section 307, may be regarded as the date

entry into insurance.

entry into insurance occurs before a date to be prescribed, that date may be regarded as the day

entry into insurance.”.

the Principal Act is hereby amended— (a) by the insertion after subsection

the Act

1988)

the following subsections: “

Regulation (EEC) No. 1408/71

the Council

the European Communities 1 , or by virtue

a reciprocal arrangement under the provisions

section 307 and who in respect

any period have been employed mainly in one or more

the employments specified in subarticle

Article 7

the Social Welfare (Modifications

Insurance) Regulations, 1979 ( S.I. No. 87

1979 ).

subsection

employment contributions reckonable for old age (contributory) pension purposes together with self-employment contributions paid by the insured person bears to the total number

employment contributions and self-employment contributions, but any increase

pension in respect

a qualified child shall be paid at the rate specified in the Second Schedule, and (

1. b)where the amount calculated in accordance with paragraph (
2. a)is not a multiple

£2, be increased to the next multiple

£2.”, (b) by the deletion in subsection

“(other than contributions paid by or in respect

a person in respect

a period during which such person is or was employed mainly in one or more

the employments specified in subarticle

Article 7

the Social Welfare (Modifications

Insurance) Regulations, 1979 ( S.I. No. 87

1979 ))”, and (c) by the deletion

subsection

retirement pension. 24.—

the Principal Act is hereby amended by the insertion after subsection

the following subsections: “

this Chapter— ‘entry into insurance’ means, in relation to any person, whichever occurs first— (a) the date on which he first becomes an insured person by virtue

section 5

paragraph (b)

subsection

the said section 5 only, or (b) the date on which he first becomes an insured person by virtue

section 17A, and that that date shall be regarded as the date

entry into insurance for the purposes

paragraphs (a) and (c)

section 84

another Member State

the European Communities, or under the legislation

any other State with which the Minister has made a reciprocal arrangement under the provisions

section 307, may be regarded as the date

entry into insurance.

entry into insurance occurs before a date to be prescribed, that day may be regarded as the date

entry into insurance.”.

the Principal Act is hereby amended— (a) by the insertion after subsection

the following subsections: “

Regulation (EEC) No. 1408/71

the Council

the European Communities 1 , or by virtue

a reciprocal arrangement under the provisions

section 307 and who have in respect

any period been employed mainly in one or more

the employments specified in subarticle

Article 7

the Social Welfare (Modifications

Insurance) Regulations, 1979 ( S.I. No. 87

1979 ).

subsection

employment contributions reckonable for retirement pension purposes paid by the insured person bears to the total number

employment contributions and self-employment contributions, but any increase

pension in respect

a qualified child shall be paid at the rate specified in the Second Schedule, and (

1. b)where the amount calculated in accordance with paragraph (
2. a)is not a multiple

£2, be increased to the next multiple

£2.”. Consequential amendments arising from revised conditions for receipt

old age (contributory) and retirement pensions. 25.—

the Principal Act is hereby amended by the substitution for the definition

“entry into insurance”

the following definition: “‘entry into insurance’ means, subject to sections 16 and 93

Part II

the Principal Act is hereby amended by the insertion after subsection

the following subsection: “

this section ‘entry into insurance’ shall have the meaning assigned to it by section 78

the Principal Act is hereby amended by the substitution for subsection

the following subsection: “

paragraph (b)

section 5

that paragraph shall be deemed not to be an entry into insurance for the purposes

subsection

this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue

paragraph (a)

section 5

the Minister for Finance, by order do anything which appears to be necessary or expedient for bringing this Part into operation, and any such order may modify the provisions

this Part so far as may appear necessary or expedient for carrying the order into effect.

the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House

the Oireachtas within the next twenty-one days on which such House has sat after the order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity

anything previously done under such order.

one year after the passing

this Act. Application

Part IV

section 5

the Principal Act (inserted by section 40

this Act) insured for old age (contributory) pension purposes, or (ii) an insured person by virtue

section 17A

the Principal Act, on or after the 6th day

April, 1991, or (b) a person who fails to satisfy the contribution condition set out in subsection

section 79

the Principal Act or in subsection

section 84

the said Act and had periods in which he had been— (i) employed mainly in one or more

the employments specified in sub-article

Article 7

the Social Welfare (Modifications

Insurance) Regulations, 1979 ( S.I. No. 87

1979 ), and (ii) an employed contributor in respect

whom employment contributions reckonable for the purposes

the contribution conditions for entitlement to old age (contributory) pension were payable.

subsection

this section shall come into operation on such day or days as the Minister may appoint by order or orders and different days may be so appointed for different provisions

that paragraph. PART V Measures to Combat Abuse Information required by Minister. 28.—For the purposes

investigating entitlement to any benefit, pension, assistance, allowance or supplement under the Principal Act or under schemes administered by or on behalf

the Minister or the Department

Social Welfare, the Minister may require such persons as may be prescribed to provide him with such information in relation to such persons or classes

persons as the Minister may determine and any person so prescribed shall be required to provide such information as may be required. Failure to keep records. 29.—

the Principal Act or has failed to make a notification under regulations made under section 15A (inserted by section 2

the No. 2 Act

1987 and amended by section 19

the Act

1989)

the Principal Act and an employee

the employer receives payment, due wholly or partly by reason

that failure,

disability benefit, unemployment benefit, retirement pension, invalidity pension, unemployment assistance, pre-retirement allowance or family income supplement under that Act which he was not entitled to receive in respect

any day on which he was in the employment

the said employer, such employer shall be liable to pay to the Minister on demand a sum not exceeding the amount

benefit, pension, assistance, allowance or supplement which was paid to the said employee and that sum, if not repaid by the employee, may be recovered by the Minister as a simple contract debt in any court

competent jurisdiction.

the employer's failure to keep the said records or to make the said notification referred to in subsection

this section.

that difference, receives benefit or assistance under the Principal Act to which he was not entitled, such employer shall be liable to pay to the Minister on demand a sum not exceeding the amount

benefit, pension, assistance, allowance or supplement which was paid to the said employee and such sum, if not repaid by the employee, may be recovered by the Minister as a simple contract debt in any court

competent jurisdiction.

subsection

this section an employee shall include the employee's spouse and any other member

the employee's household whose entitlement to benefit or assistance is regulated or adjusted by the income

the employee.

subsection

this section or any other provisions

the Social Welfare Acts or regulations made under or applying the provisions

those Acts under which amounts

benefit, assistance or supplement may be recovered, the amount recovered by the Minister in any case may not exceed the amount

benefit, assistance or supplement received by the employee which he was not entitled to receive.

fences. 30.— Section 115

the Principal Act is hereby amended by the insertion after subsection

the following subsection: “(2A) (a) Any employer, or any servant or any agent acting on behalf

such employer, who, for the purpose

evading or reducing the amount

his liability in respect

employment contributions which he is liable to pay under this Part and which he has not paid— (

1. i)knowingly makes any false statement or false representations or knowingly conceals any material fact, or (
2. ii)produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular, shall be guilty

an

fence. (b) A person who is guilty

an

fence under this subsection shall be liable— (i) on summary conviction to a fine not exceeding £1,000 or (at the discretion

the court) to imprisonment for a term not exceeding one year, or to both, or (ii) on conviction on indictment to a fine not exceeding £10,000 or (at the discretion

the court) to imprisonment for a term not exceeding three years, or to both.”. Employers to keep copies

statements issued under Minimum Notice and Terms

Employment Act, 1973. 31.—Where an employer issues to an employee a statement containing the particulars specified in section 9

the Minimum Notice and Terms

Employment Act, 1973 , he shall retain a copy

such statement for a period

two years from the date on which that statement was issued and shall furnish such copy on demand to an inspector for inspection under section 114

the Principal Act. Amendment

section 20

Act

1988 (prosecutions). 32.—Subsection

section 20

the Act

1988 is hereby amended by the insertion

“or under regulations made under or applying the provisions

the Principal Act” after “Principal Act”. Furnishing

information to Minister by personal representatives. 33.— Section 174

the Principal Act is hereby amended by the substitution for subsection

the following subsections: “

a person who was at any time in receipt

a pension shall before distributing the assets

the person— (

1. a)(
2. i)inform the Minister, by notice, in writing delivered to the Minister,

his intention to distribute the assets, and (ii) provide the Minister with a schedule

the assets

the estate, not less than three months before the distribution commences, and (b) if requested in writing by the Minister within eight weeks

the furnishing

the notice and schedule

assets referred to in paragraph (a), ensure that sufficient assets are retained, to the extent (if any) appropriate, to repay any sum which is determined to be due to the Minister or the State (as the case may be) in respect

— (i) payment

pension to the person at a time when the person was not entitled to receive the pension, or (ii) payment

pension to the person

an amount in excess

the amount which the person was entitled to receive. (3A) Notwithstanding any other provision

this Chapter, for the purposes

determining the sum which is due to the Minister under subsection

the deceased person for the period in respect

which pension was paid to him shall, in the absence

evidence to the contrary, be calculated on the basis that his assets at the time

his death belonged to him for that entire period. (3B) The Minister may mitigate amounts determined to be due in accordance with subsection (3A) where it appears equitable to him to do so.”. Amendment

section 169

Principal Act (legal proceedings). 34.— Section 169

the Principal Act is hereby amended by the insertion after subsection

the following subsection: “

this section or due to the Minister under section 172

a deceased person if brought at any time within the period

two years commencing on the date on which the notice and the schedule

assets under paragraph (a)

section 174

the Principal Act is hereby amended by the insertion after paragraph (a)

subsection

the following paragraph: “(aa) Where any benefit, assistance, supplement or child benefit will, by virtue

the revised decision, be disallowed or reduced or a qualification certificate under Chapter 2

Part III

is revoked and the revised decision is given in the light

new evidence or new facts which have been brought to the notice

the deciding

ficer or appeals

ficer (as the case may be) since the original decision was given, it shall take effect from such date as that

ficer shall determine having regard to the new facts or new evidence.”. Employment contributions in a winding-up. 36.—

the Principal Act is hereby amended by the substitution for subsection

the Act

1990)

the following subsection: “

a limited company in a winding-up under the Companies Acts, 1963 to 1990, shall not include— (a) any sum deducted by an employer from such remuneration

an employee

his as was paid prior to the winding-up in respect

an employment contribution due and unpaid by the employer in respect

such contribution, or (b) any sum which would have been deducted from the remuneration

an employee in respect

an employment contribution for a period

employment prior to a winding-up had such remuneration been paid prior to such winding-up, and in such a winding-up a sum equal in amount to the sum so deducted and unpaid or which would have been deducted and payable, shall notwithstanding anything in those Acts, be paid to the Social Insurance Fund in priority to the debts specified in section 285

the Companies Act, 1963 .”.

the Principal Act is hereby amended by the substitution

“A sum equal in amount to any sum” for “Any sum”. Amendment

section 285

Companies Act, 1963. 37.— Section 285

the Companies Act, 1963 (as extended by section 45

the Act

1990) is hereby amended by the substitution for paragraph (e)

the following paragraph: “(e) unless the company is being wound up voluntarily merely for the purposes

reconstruction or

amalgamation with another company— (i) all amounts due in respect

contributions which are payable during the 12 months next before the relevant date by the company as the employer

any persons under the Social Welfare Acts, and (ii) all amounts due in respect

contributions which would have been payable under the provisions

section 10

the Social Welfare (Consolidation) Act, 1981 , by the company as the employer

any persons in respect

any remuneration in respect

any period

employment during the 12 months next before the relevant date even if such remuneration is paid after the relevant date.”. Recovery

sums due to Social Insurance Fund. 38.—The Principal Act is hereby amended by the substitution for section 117

the following section: “Recovery

sums due to Social Insurance Fund. 117.—

any function referred to in that section in relation to employment contributions or the assignment by any regulations under section 17F

any function referred to in that section in relation to self-employment contributions, may be recovered by the Minister as a debt under statute in any court

competent jurisdiction.

any sums due to the Social Insurance Fund by way

employment contributions under section 10

Separate Employer's Occupational Injuries and Redundancy Contributions with Employer's Social Insurance Contributions Amalgamation

employer's redundancy contribution with employer's social insurance contribution. 39.—

the Redundancy Payments Act, 1967 , mentioned in column

Schedule C to this Act is hereby amended in the manner specified in column

that Schedule opposite the mention

the provision in column

the Protection

Employees (Employers' Insolvency) Act, 1984 , is hereby repealed.

April, 1991. Amalgamation

employer's contribution in respect

occupational injuries with employer's social insurance contribution. 40.—

the Principal Act is hereby amended— (a) by the substitution for subsection

the following subsection: “

16 years and under pensionable age, is employed in any

the employments specified in Part I

the First Schedule, not being an employment specified in Part II

that Schedule, shall, subject to paragraph (b), be an employed contributor for the purposes

this Act, and (b) every person, irrespective

age, who is employed in insurable (occupational injuries) employment shall be an employed contributor and references in this Act to an employed contributor shall be construed accordingly, and (

1. c)every person becoming for the first time an employed contributor shall thereby become insured under this Act and shall thereafter continue throughout his life to be so insured.”, and (
2. b)by the insertion after subsection

the following subsection: “(2A) The occupational injuries insurance

any person shall be disregarded in determining his right to become, or to continue to be, a voluntary contributor and the rate

voluntary contribution payable in any case shall not be affected by such insurance.”.

the Principal Act is hereby amended by the insertion after paragraph (j)

subsection

the following paragraph: “(k) persons employed in an employment which is an insurable (occupational injuries) employment pursuant to section 38.”.

the Principal Act is hereby amended by the substitution for subsection

the following subsection: “

providing moneys for meeting the expenditure on benefit and making any other payments which, under this Act, the Redundancy Payments Acts, 1967 to 1991, and the Protection

Employees (Employer's Insolvency) Acts, 1984 and 1990, are to be made out

the Social Insurance Fund, there shall be— (a) contributions (referred to in this Act as ‘employment contributions’) in respect

employed contributors, each

which shall comprise a contribution by the employed contributor and a contribution (referred to in this Act as ‘the employer's contribution’) by the employer

the employed contributor, (b) contributions in respect

voluntary contributors, and (c) payments out

moneys provided by the Oireachtas.”.

section 10

the Principal Act is hereby amended by the substitution in subparagraph (ii)

paragraph (b) (inserted by section 5

the Social Welfare Act, 1982 )

“12.2 per cent.” for “11.3 per cent.”.

the Principal Act is hereby repealed.

April, 1991. PART VII Miscellaneous Social assistance schemes, means test exemptions. 41.—

the No. 2 Act

1985)

the Principal Act is hereby amended by the insertion after subparagraph (viii)

the following subparagraphs: “(viiiA) any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one

whose functions is to assist persons in need by making grants

money to them, (viiiB) any income arising from employment

a casual nature by a health board as a home help,”.

the Principal Act is hereby amended by the insertion after subparagraph (iii) (inserted by section 9

the Act

1984)

the following subparagraphs: “(iv) any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one

whose functions is to assist persons in need by making grants

money to them, (v) any income arising from employment

a casual nature by a health board as a home help;”.

Rule 1

the Third Schedule to the Principal Act is hereby amended by— (a) the substitution in clause (i)

subparagraph (d) for “any income”

“any moneys”, (b) the substitution in subparagraph (j)

“as an outworker” for “

the kind referred to in paragraph 7

Part I

the First Schedule”, and (c) the insertion after subparagraph (j)

the following subparagraph: “(jj) any income arising from employment

a casual nature by a health board as a home help,”.

the Principal Act is hereby amended by the insertion after the definition

“orphan”

the following definition: “‘outworker’ means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired or adapted for sale in his own home or on other premises not under the control or management

the person who gave out the articles or materials for the purposes

the trade or business

the last-mentioned person;”.

the Principal Act is hereby amended by the substitution in subparagraph (x)

paragraph (b)

subsection

“as an outworker” for “

the kind referred to in paragraph 7

Part I

the First Schedule”. Waiting days. 42.—

the Act

1986)

section 42

the Principal Act is hereby amended by the substitution for the proviso thereto

the following proviso: “Provided that an insured person shall not be entitled to injury benefit in respect

the first 3 such days.”.

section 48

the Principal Act is hereby amended by the deletion

paragraph (b).

April, 1991. Overlapping provisions. 43.—

the following section: “Overlapping provisions. 130.—

the following would be payable to or in respect

a person in respect

the same period, only one shall be paid— (a) any benefit specified in subsection

section 17 other than pay-related benefit, death benefit by way

a grant in respect

funeral expenses or death grant, or (b) any assistance specified in subsection

section 134 other than supplementary welfare allowance, or (c) a maintenance allowance under section 69

the Health Act, 1970 , or (d) a payment under section 44

the Health Act, 1947 , to a person suffering from an infectious disease.

the following would be payable to or in respect

a qualified child in respect

the same period, only one shall be paid— (a) any benefit specified in subsection

section 17 other than pay-related benefit, death benefit by way

a grant in respect

funeral expenses or death grant, or (b) any assistance specified in subsection

section 134 other than supplementary welfare allowance, or (c) a maintenance allowance under section 69

the Health Act, 1970 , or (d) a payment under section 44

the Health Act, 1947 , to a person suffering from an infectious disease, or (e) any increase in the said benefit in respect

an adult dependant, or (f) any increase in the said assistance in respect

an adult dependant, or (g) any increase in the said benefit in respect

a qualified child, or (h) any increase in the said assistance in respect

a qualified child.

this section— (a) an increase

a maintenance allowance under section 69

the Health Act, 1970, or an increase

a payment under section 44

the Health Act, 1947 , to a person suffering from an infectious disease, may be regarded as a separate payment, and (b) any payment specified in paragraph (a), (b), (c) or (d)

subsection

a person may be regarded as such specified payment payable to that person.

the payments specified in those subsections to be paid to or in respect

a person in respect

the same period.

any payments specified in subsections

the same period, family income supplement shall not be payable to that person in respect

that period.

incapacity for work in respect

which disability benefit or injury benefit is also payable to that person, family income supplement shall not be payable to that person for that part

the period

incapacity for work which exceeds six weeks.

the death

a person, a death grant and death benefit by way

a grant in respect

funeral expenses would, but for this subsection, be payable, only one such grant shall be payable.

any other payment specified in those subsections which it is decided was payable.

sums (or such portion thereof as may be prescribed) paid by way

supplementary welfare allowance in respect

periods during which benefit was not received, and (b) for recoupment from moneys provided by the Oireachtas to a health board

sums (or such portion thereof as may be prescribed) paid by way

supplementary welfare allowance in respect

periods during which unemployment assistance, old age or blind pension, or child benefit was not received.”.

section 113

the Principal Act is hereby amended by the substitution for paragraph (b) (as amended by section 17

the Act

1986)

the following paragraph: “(b) in a case referred to in section 300

any such benefit and the recovery thereof by deduction from any benefit or any assistance (except orphan's (non-contributory) pension, supplementary welfare allowance or child benefit) as may be specified, or otherwise.”.

this section. Recoupment

supplementary welfare allowance. 44.—

the Act

1990)

the following section: “Recoupment

supplementary welfare allowance. 215B.—Where— (a) in respect

any period a health board has granted supplementary welfare allowance to or in respect

a person who, though entitled to any other benefit, pension, assistance, allowance or supplement under this Act (in this section referred to as ‘relevant payment’), is not in receipt

such relevant payment, and (b) such supplementary welfare allowance is in excess

the amount which would have been granted to that person if he had been in receipt

such relevant payment, and (c) any relevant payment accruing in respect

any part

the same period (in this section referred to as ‘the arrears’) subsequently becomes payable to that person, and (d) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this section referred to as ‘the excess’) so paid by the board in excess for the period in respect

which the arrears accrued, the Minister may reduce the arrears by the amount

the excess and such amount shall be treated as having been paid on account

the relevant payment.”.

the Principal Act are hereby repealed.

January, 1992. Calculation

supplementary welfare allowance. 45.—

section 207

the Principal Act is hereby amended by the substitution for paragraph (a)

the following paragraph: “(

1. a)where— (
2. i)a husband and wife, or (
3. ii)a man and woman who are not married to each other but are cohabiting as man and wife, are members

the same household, their needs and means shall be aggregated and shall be regarded as the needs and means

the claimant;”.

the Principal Act is hereby amended by the insertion after the definition

“recipient”

the following definition: “‘spouse’ means— (a) each person

a married couple who are living together, or (b) a man and woman who are not married to each other but are cohabiting as man and wife.”. Disabled person's maintenance allowance. 46.— Section 69

the Health Act, 1970 , is hereby amended by the insertion after subsection

the following subsection: “

a married couple who are living together, or (b) a man and woman who are not married to each other but are cohabiting as man and wife.”. Family income supplement (interpretation). 47.—

the Act

1984)

the following section: “Interpretation. 232A.—In this Part— ‘child’, in relation to a family, means a qualified child as defined in section 2

a couple living with or wholly or mainly maintaining his or her spouse, that spouse, and (c) a child or children; ‘family income supplement’ shall be construed in accordance with section 232B; ‘spouse’ means each person

a couple in relation to the other; ‘weekly family income’ means, subject to regulations under section 232F, the amount

income received in a week by a family, less any income

a person who in respect

that family is a child.”.

October, 1991. Definition

“spouse”. 48.—

the No. 2 Act

1985 is hereby amended by the insertion after subsection

the following subsection: “

a married couple who are living together, or (b) a man and woman who are not married to each other but are cohabiting as man and wife.”.

the No. 2 Act

1985 is hereby amended by the insertion after subsection

the following subsection: “

a married couple who are living together, or (b) a man and woman who are not married to each other but are cohabiting as man and wife.”.

the Principal Act (inserted by section 17

the Act

1990) is hereby amended by the insertion after subsection

the following subsection: “

a married couple who are living together, or (b) a man and woman who are not married to each other but are cohabiting as man and wife.”. Requalification for unemployment benefit. 49.—

the Principal Act is hereby amended by the substitution for paragraph (a)

the following paragraph: “(a) he shall requalify therefor when he has qualifying contributions in respect

13 contribution weeks begun or ended since the last day for which he was entitled to that benefit, and”.

April, 1991, has been in receipt

unemployment benefit for more than 155 days in a period

unemployment. Entitlement to unemployment benefit and assistance. 50.—

the Principal Act is hereby amended by the substitution for paragraph (b)

the following paragraphs: “(

1. b)he satisfies the contribution conditions in section 30, and (
2. c)he proves unemployment in the prescribed manner.”.

the Principal Act is hereby amended by the substitution for paragraph (a)

the following paragraph: “(a) that he is unemployed and has made application for unemployment assistance in the prescribed manner and proves unemployment in the prescribed manner;”.

this section. Disregarding

means for certain recipients

unemployment assistance. 51.—

the provisions

section 140

the Act

1988)

the Principal Act in the case

such persons or classes

persons as may be prescribed, regulations may provide for disregarding in such manner as may be prescribed any part

a claimant's means, up to an amount not exceeding £2.

regulations made pursuant to subsection

up to £2 in the case

certain persons or classes

persons, apply the provisions

section 140

persons at any time.

the State. Linking period in unemployment assistance claims. 52.—

the Principal Act is hereby amended by the substitution for subsection

the following subsection: “

this Chapter, any 3 days

unemployment, whether consecutive or not, within a period

6 consecutive days shall be treated as a continuous period

unemployment, and any two such periods not separated by more than 52 weeks shall be treated as one continuous period

unemployment, and continuously unemployed shall be construed accordingly.”.

section 150

the Principal Act is hereby amended by the substitution

“52 weeks” for “20 weeks”. Notification

increase

means. 53.— Section 172

the Principal Act is hereby amended by the substitution for subsection

the following subsection: “

old age pension or has made a claim for pension which has not been finally determined, and (b) (i) the income in cash

the person, or (ii) the amount

property belonging to or personally used or enjoyed by the person, has increased since the date

the latest investigation thereof or, if no such investigation has taken place, since the date

making the claim, the person shall, before the expiration

the period

three months after the end

the month in which such increase occurred, give, or cause to be given, to the Minister notification

the increase.”. Budgeting in relation to social welfare payments. 54.—

any benefit, pension, assistance, allowance or supplement under the Principal Act consents, an amount

such benefit, pension, assistance, allowance or supplement which is determined by consultation and agreement between the Minister and the said recipient may be withheld and paid separately by the Minister to such specified body as may be designated by the recipient.

that subsection— (a) provide for the withdrawal

consent by a recipient, (

1. b)provide for the time and manner in which such withdrawal shall take place, and (
2. c)provide for the adjustment

any amount

benefit, pension, assistance, allowance or supplement as a result

such withdrawal.

the Local Government Act, 1941 ), or any other body established— (

1. a)by or under any enactment (other than the Companies Acts, 1963 to 1990), or (
2. b)under the Companies Acts, 1963 to 1990, in pursuance

powers conferred by or under other enactments, and financed wholly or partly by means

moneys provided or loans made or guaranteed by a Minister

the Government or the issue

shares held by or on behalf

a Minister

the Government and a subsidiary

any such body. Duration

payment

disability benefit. 55.—

the Principal Act is hereby amended by the substitution for subsection

the Act

1988)

the following subsections: “

less than 260 contribution weeks in the period between his entry into insurance and any day

incapacity for work, and (b) before that day has been entitled, in respect

any period

interruption

employment (whether including that day or not) during the period beginning on the date three years immediately prior to that day, to disability benefit for 312 days, he shall not be entitled to disability benefit for that day unless since the last

the said 312 days and before that day he has requalified for benefit. (1A) Notwithstanding subsection

April, 1991. Assessment

means. 56.—Paragraph

the Act

1990)

Rule 1

the Third Schedule to the Principal Act is hereby amended by the insertion after “personal exertions”

“and also including such other non-cash benefits and such income received by a qualified child or qualified children as may be prescribed”. Sanction

Minister for Finance in relation to certain regulations. 57.— Section 3

the Principal Act is hereby amended by the substitution in paragraph (a) for “19

“19

“30

“78

“83

“89

the Principal Act mentioned in column

Schedule D to this Act is hereby repealed to the extent specified in column

that Schedule opposite the mention

that provision in column

, or regulations under, the Principal Act. PART VIII Amendments to Pensions Act Borrowing by Board. 60.—The Pensions Act is hereby amended by the insertion after section 20

the following section: “Borrowing by Board. 20A.— The Board may, for the purpose

providing for current or capital expenditure, from time to time, borrow money (whether on the security

the assets

the Board or otherwise), including money in a currency other than the currency

the State, subject to the consent

the Minister and the Minister for Finance and to such conditions as they may determine.”. Amendment

section 37

Pensions Act. 61.—Section 37

the Pensions Act is hereby amended by the insertion

the following subsection after subsection

section 55

Pensions Act. 62.—Section 55

the Pensions Act is hereby amended by the substitution for subsection

the following subsection: “

this section shall not apply to— (a) a scheme, the only benefit under which is in respect

death prior to normal pensionable age, or (b) a scheme, the members

which have been notified in writing by the trustees that service by a member in the relevant employment after the date

the notification does not entitle the member to long service benefit.”. Amendment

section 56

Pensions Act. 63.—Section 56

the Pensions Act is hereby amended by the substitution for subsection

the following subsection: “

subsection

death prior to normal pensionable age, or (iii) a scheme, the members

which have been notified in writing by the trustees that service by a member in relevant employment after the date

the notification does not entitle the member to long service benefit under the scheme. (b) Paragraph (c)

subsection

death prior to normal pensionable age, or (iv) a scheme, the members

which have been notified in writing by the trustees that service by a member in relevant employment after the date

the notification does not entitle the member to long service benefit under the scheme.”. Amendment

Third Schedule to Pensions Act. 64.—Paragraph 4 (b)

the Third Schedule to the Pensions Act is hereby amended— (a) by the substitution in clause (i)

“clause (ii)” for “clause (iii)”, and (

1. b)by the substitution for clauses (
2. ii)and (iii)

the following clause: “(ii) in the case

a defined benefit scheme where the rate or amount

part

the long service benefit payable thereunder is directly determined by an amount

contribution paid by or in respect

the member

the scheme— (I) in so far as it relates to such part

the long service benefit, a benefit whose actuarial value is equal to the then accumulated value

the contributions paid by or in respect

the member

the scheme for the purpose

long service benefit prior to the commencement

Part IV

, and (II) in so far as it relates to the remaining part

long service benefit, a benefit calculated in accordance with clause (i).”. SCHEDULE A Section 3 . “Second Schedule Rates

Benefits PART I Rates

Periodical Benefits and Increases Thereof Description

benefit Weekly rate Increase for adult dependant (where payable) Increase for each

first and second qualified children (where payable) Increase for each qualified child in excess

two (where payable) Increase for prescribed relative under section 50

80 years (where payable)

funeral expenses 260 PART III Disablement Pension Drgree

disablement Weekly rate

Disablement Pension £ 1. Increase where the person is permanently incapable

work 50.00 2. Increase where the beneficiary requires constant attendance: (a) limit

increase except in cases

exceptionally severe disablement 30.60 (b) limit in any case 61.20 ”. SCHEDULE B “Fourth Schedule Rates

Assistance Section 4 . PART I Rates

Periodical Social Assistance and Increases Thereof Description

assistance, pension or allowance Weekly rate or amount Increase for adult dependant (where payable) Increase for each

first and second qualified children (where payable) Increase for each qualified child in excess

two (where payable) Increase for prescribed relative under section 162

80 years (where payable)

persons who in any continuous period

unemployment as construed in accordance with section 135

unemployment benefit or unemployment assistance for not less than 390 days 55.00 33.00 12.00 12.00 — — — (b) in the case

persons other than those at (a) 50.00 33.00 12.00 12.00 — — —

1. Pre-Retirement Allowance 55.00 33.00 12.00 12.00 — — —
2. Old Age Pension and Blind Pension 55.00 — 12.00 12.00 30.60 4.30 4.20
3. Widow's (Non-Contributory) Pension, Deserted Wife's Allowance and Prisoner's Wife's Allowance . 55.00 — — — 30.60 4.30 4.20
4. Lone Parent's Allowance 55.00 — 14.00 14.00 30.60 4.30 4.20
5. Carer's Allowance 50.00 — 12.00 12.00 — — —
6. Orphan's (Non-Contributory) Pension 31.20 — — — — — —
7. Single Woman's Allowance 55.00 — — — — — —
8. Supplementary Welfare Allowance 50.00 33.00 12.00 12.00 — — — PART III Increase

Old Age Pension for a Spouse Means

claimant or pensioner Weekly rate

increase £ Where the weekly means

the claimant or pensioner do not exceed £6 28.00 exceed £6 but do not exceed £8 27.00 exceed £8 but do not exceed £10 26.00 exceed £10 but do not exceed £12 25.00 exceed £12 but do not exceed £14 24.00 exceed £14 but do not exceed £16 23.00 exceed £16 but do not exceed £18 22.00 exceed £18 but do not exceed £20 21.00 exceed £20 but do not exceed £22 20.00 exceed £22 but do not exceed £24 19.00 exceed £24 but do not exceed £26 18.00 exceed £26 but do not exceed £28 17.00 exceed £28 but do not exceed £30 16.00 exceed £30 but do not exceed £32 15.00 exceed £32 but do not exceed £34 14.00 exceed £34 but do not exceed £36 13.00 exceed £36 but do not exceed £38 12.00 exceed £38 but do not exceed £40 11.00 exceed £40 but do not exceed £42 10.00 exceed £42 but do not exceed £44 9.00 exceed £44 but do not exceed £46 8.00 exceed £46 but do not exceed £48 7.00 exceed £48 but do not exceed £50 6.00 exceed £50 but do not exceed £52 5.00 exceed £52 but do not exceed £54 4.00 exceed £54 but do not exceed £56 3.00 exceed £56 but do not exceed £58 2.00 exceed £58 nil ”. SCHEDULE C Section 39 . Provision

Redundancy Payments Act, 1967 Amended Nature

Amendment

the Redundancy Payments Act, 1979 ) The deletion

“employer's redundancy contribution”. Section 5

“28

the Act

1990) The substitution

the following section: “27.—All moneys received by the Minister under this Act shall be paid into the Social Insurance Fund and all payments made pursuant to this Act shall be made out

that Fund.”. Section 28 (inserted by section 3

the Redundancy Payments Act, 1979 ) The deletion

that section. Section 33 The deletion

that section. Section 38

paragraph (d). Section 39

“38

“, 1952 to 1966”. Section 42

the Redundancy Payments Act, 1979 ) The deletion

“(other than employer's redundancy contribution to which section 28 (inserted by the Redundancy Payments Act, 1979 ) applies)”. Section 44 The substitution

the following section: “44.— Section 115 (other than subsections

the Social Welfare (Consolidation) Act, 1981 , shall apply in relation to benefits under this Act as it applies to benefits and other payments under the Social Welfare (Consolidation) Act, 1981 .”. Section 50 The deletion

that section. SCHEDULE D Repeals

Principal Act Section 58 . Provision

Principal Act Extent

repeal

5.7.1971. 1OJ No. L149

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