Social Welfare Act, 1996
What is this act about?
Is éard atá sa dlí seo ná leasuithe agus fairsingithe ar na hAchtanna Leasa Shóisialaigh, ag tabhairt isteach rátaí nua do shochair éagsúla, ranníocaíochtaí, agus ag cruthú cineálacha nua íocaíochtaí. Tá sé mar aidhm aige tacaíocht leasa shóisialaigh a nuashonrú agus a fheabhsú.
Who it applies to: Daoine aonair atá ag fáil nó a d'fhéadfadh a bheith ag fáil sochar árachais shóisialaigh nó íocaíochtaí cúnaimh shóisialaigh; Fostaithe agus daoine féinfhostaithe a dhéanann ranníocaíochtaí árachais shóisialaigh.
At a glance
- Country
- Ireland
- Area of law
- Social security
- Articles
- 46
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Rátaí nua do shochair árachais shóisialaigh agus íocaíochtaí cúnaimh shóisialaigh.
- Rátaí ranníocaíochtaí árachais shóisialaigh d'fhostaíocht agus d'fhéinfhostaíocht.
- Íocaíochtaí nua, amhail liúntas míchumais agus íocaíocht teaghlaigh aon tuismitheora.
- Leasuithe ar rialacha maidir le pinsin, liúntas dífhostaíochta, agus measúnú acmhainní.
Who does this act apply to?
- Daoine aonair atá ag fáil nó a d'fhéadfadh a bheith ag fáil sochar árachais shóisialaigh nó íocaíochtaí cúnaimh shóisialaigh.
- Fostaithe agus daoine féinfhostaithe a dhéanann ranníocaíochtaí árachais shóisialaigh.
What are the key points?
- Méadaítear rátaí sochar árachais shóisialaigh agus íocaíochtaí cúnaimh shóisialaigh, le dátaí tosaithe éagsúla i mí an Mheithimh 1996.
- Athraítear rátaí ranníocaíochtaí fostaíochta agus féinfhostaíochta, agus méadaítear uasteorainneacha tuillimh.
- Tugtar isteach liúntas míchumais agus íocaíocht teaghlaigh aon tuismitheora.
- Méadaítear an deontas do chúplaí (leanaí cáilithe) go £500 ar an 4ú agus an 12ú comóradh ar bhreith an chúpla is óige.
Social security
Legal text
Legal text
Contents (46)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35
- Section 36
- Section 37
- Section 38
- Section 39
- Section 40
- Section 41
- Section 42
- Section 43
- Section 44
- Section 45
- Section 46
Social Welfare Act, 1996 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1996 Social Welfare Act, 1996 Social Welfare Act, 1996 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 7 of 1996 SOCIAL WELFARE ACT, 1996 ARRANGEMENT OF SECTIONS
PART I
Preliminary Section
Section 1
Short title and construction.
Section 2
Definitions.
PART II
Increases
Section 3
Social insurance benefits (new rates).
Section 4
Social assistance payments (new rates).
Section 5
Child benefit (new rates, etc.).
Section 6
Family income supplement (new weekly rates).
Section 7
Continued payment for qualified children.
PART III
Social Insurance Contributions
Section 8
Employment contributions (new rates of contributions and increases in earnings ceilings).
Section 9
Self-employment contributions (new rates of contributions and increase in earnings ceiling).
Section 10
Optional contributions (new rates of contributions).
Section 11
Voluntary contributions by former self-employed contributors.
Section 12
Insurable employment.
PART IV
Disability Allowance
Section 13
Disability allowance.
Section 14
Transitional provisions.
Section 15
Amendments consequential on section 13 and repeal.
Section 16
Commencement (Part IV).
PART V
One-Parent Family Payment
Section 17
One-parent family payment.
Section 18
Transitional provisions.
Section 19
Repeals, etc.
Section 20
One-parent family payment— entitlement of person whose marriage has been dissolved.
Section 21
Commencement (Part V).
PART VI
Unemployment Assistance
Section 22
Unemployment assistance.
Section 23
Rules as to calculation of means.
PART VII
Pensions
Section 24
Homemakers.
Section 25
Pre-retirement allowance.
Section 26
Old age (contributory) and retirement pensions— conditions for receipt.
Section 27
Widow's and widower's (contributory) pension.
Section 28
Widow's and widower's (contributory) pension— entitlement of person whose marriage has been dissolved.
Section 29
Commencement (Part VII).
PART VIII
Amendment of Part VII of Principal Act: Decisions, Appeals and Social Welfare Tribunal
Section 30
Supplementary welfare allowance— appeals.
Section 31
Decisions and determinations under Social Welfare Acts.
Section 32
Effect of revised decisions.
Section 33
Amendment of section 274 of Principal Act.
Section 34
Award of expenses.
PART IX
Miscellaneous Amendments
Section 35
Regulations (payment of benefit beyond pensionable age).
Section 36
Supplementary welfare allowance— administration.
Section 37
Assessment of means for social assistance payments.
Section 38
Student who reaches 22 years of age during academic year to be regarded as qualified child up to end of academic year.
Section 39
Increase of disablement pension where constant attendance is needed.
Section 40
Social insurance fund (payment of fees).
Section 41
Limitation period for proceedings.
Section 42
Budgeting in relation to social welfare payments.
Section 43
Employment statements.
PART X
Amendment of Section 5 of Combat Poverty Agency Act, 1986
Section 44
Deferral of period for submission of strategic plan by combat poverty agency.
PART XI
Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981
Section 45
Amendment of sections 7A and 11 of Health Contributions Act, 1979.
Section 46
Amendment of sections 18A and 22 of Youth Employment Agency Act, 1981.
SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D SCHEDULE E SCHEDULE F SCHEDULE G SCHEDULE H SCHEDULE I Number 7 of 1996 SOCIAL WELFARE ACT, 1996 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, SECTIONS 7A AND 11 OF THE HEALTH CONTRIBUTIONS ACT, 1979 , SECTIONS 18A AND 22 OF THE YOUTH EMPLOYMENT AGENCY ACT, 1981 , AND
SECTION 5
OF THE COMBAT POVERTY AGENCY ACT, 1986 , AND TO REPEAL
SECTION 69
OF THE HEALTH ACT, 1970 . [3rd April, 1996] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I
Preliminary Short title and construction.
1.—(1) This Act may be cited as the Social Welfare Act, 1996.
Definitions.
2.—In this Act— “the Principal Act” means the Social Welfare (Consolidation) Act, 1993 ; “the Act of 1994” means the Social Welfare Act, 1994 ; “the Act of 1995” means the Social Welfare Act, 1995 ; “the No. 2 Act of 1995” means the Social Welfare (No. 2) Act, 1995 .
PART II
Increases Social insurance benefits (new rates).
3.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 3 of the Act of 1995) of the Second Schedule thereto of the Parts set out in Schedule A to this Act.
Social assistance payments (new rates).
4.—(1) The Principal Act is hereby amended by the substitution for Parts I and II (inserted by section 4 of the Act of 1995) of the Fourth Schedule thereto of the Parts set out in Schedule B to this Act.
Child benefit (new rates, etc.).
5.—(1) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part III (inserted by section 5 of the Act of 1995) of the following Part: “PART III Amounts Of Child Benefit Amount for each of first 2 children Amount for each child in excess of 2
(1)
Family income supplement (new weekly rates).
6.—(1) The Principal Act is hereby amended by the substitution for section 198 (inserted by section 6 of the Act of 1994) 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, £195, (b) in the case of a family which includes 2 children, £215, (c) in the case of a family which includes 3 children, £235, (d) in the case of a family which includes 4 children, £255, (e) in the case of a family which includes 5 children, £280, (f) in the case of a family which includes 6 children, £300, (g) in the case of a family which includes 7 children, £317, or (h) in the case of a family which includes 8 or more children, £334.”.
Continued payment for qualified children.
7.—(1) The Principal Act is hereby amended by the insertion after Part V of the following Part: “PART VA Continued Payment for Qualified Children Entitlement to payment.
203A.—(1) Subject to this Act, a continued payment for qualified children (in this Part referred to as a ‘continued payment’) shall be payable out of moneys provided by the Oireachtas to a person, other than a person who is engaged in short-time employment, who— (a) has been in receipt of unemployment benefit, unemployment assistance, or unemployment benefit and unemployment assistance for not less than 312 days in— (i) a period of interruption of employment, within the meaning of section 42 (4) (c), where the person is in receipt of unemployment benefit, or (ii) a continuous period of unemployment, within the meaning of section 120 (3), where the person is in receipt of unemployment assistance, in the immediately preceding period, (b) is in receipt of unemployment benefit or unemployment assistance which includes an increase in respect of at least one qualified child, who normally resides with the person, and is not a person to whom section 45 (3) or section 124 (1) (as the case may require) applies, and (c) ceases to be entitled to unemployment benefit or unemployment assistance by virtue of having become engaged in employment which is expected to continue for a period of a minimum of 4 weeks.
The Weekly rate of payment.
203B.—The weekly rate of continued payment shall be the amount payable to the person by way of an increase in unemployment benefit or unemployment assistance (as the case may require) in respect of each qualified child normally residing with the person immediately prior to that person taking up employment:
Provided that, in the case of a person who immediately prior to taking up employment was in receipt of unemployment assistance, if the rate calculated pursuant to this section exceeds the rate of unemployment assistance which was payable to the person, the continued payment shall be payable at the said rate of unemployment assistance.
Period of payment.
203C.—A continued payment shall be payable for the period during which the person is engaged in employment, up to a maximum of 13 weeks, beginning on the date on which it is receivable in accordance with regulations and the weekly rate of continued payment shall not be affected by any change of circumstances during that period.
Disqualification.
203D.—(1) Except as provided for in subsection (2), receipt of a continued payment by a person shall be a disqualification for the receipt by that person of family income supplement.
Regulations.
203E.—(1) The Minister may make regulations for the purpose of giving effect to this Part.
PART III
Social Insurance Contributions Employment contributions (new rates of contributions and increases in earnings ceilings).
8.—(1) Section 10 of the Principal Act is hereby amended by— (a) the substitution in subsection (1) (b) of “£80” for “£50”(inserted by section 6 of the Act of 1995), (b) the substitution in subsection (1) (c) of “£22,300” for “£21,500” (inserted by section 6 of the Act of 1995), (c) the substitution in subsection (1) (d) (inserted by section 7 of the Act of 1994) of— (i) “8.5 per cent.” for “9 per cent.”, (ii) “12 per cent.” for “12.2 per cent.”, and (iii) “£250” for “£231” (inserted by section 6 of the Act of 1995) in both places where it occurs, (d) the substitution in subsection (1) (e) of “£26,800” for “£25,800” (inserted by section 7 of the Act of 1994), and (e) the deletion of subsection (7).
Self-employment contributions (new rates of contributions and increase in earnings ceiling).
9.—(1) Section 18 (1) (as amended by section 7 of the Act of 1995) of the Principal Act is hereby amended by— (a) the substitution in paragraphs (a) and (c) of “£1,040” for “£520” in each place where it occurs, (b) the substitution in paragraphs (a), (c) and (h) of “£215” for “£230” in each place where it occurs, and (c) the substitution in paragraph (d) of “£22,300” for “£21,500”.
Optional contributions (new rates of contributions).
10.—(1) Section 24B (1) of the Principal Act is hereby amended by the substitution of “£1,040” for “£520” (inserted by section 8 of the Act of 1995).
Voluntary contributions by former self-employed contributors.
11.—(1) Section 23 of the Principal Act is hereby amended by the substitution in subsection (1) of “£215” for “£230” (inserted by section 9 of the Act of 1995).
Insurable employment.
12.—(1) The Principal Act is hereby amended by— (a) the insertion in Part I of the First Schedule after paragraph 11 of the following paragraph: “12. Employment under a scheme administered by An Foras Áiseanna Saothair and known as Community Employment or employment under a programme known as the Part Time Job Opportunities Programme administered by or on behalf of the Conference of Religious of Ireland, where— (a) the said employment commences on or after the 6th day of April, 1996, or (b) in any other case, where, subject to such conditions and in such circumstances as may be prescribed, the person employed in either of the said employments, elects to be an employed contributor within the meaning of section 9 (1) (a).”, (b) the insertion in paragraph 6 of Part II of the First Schedule (as amended by section 18 of the Act of 1995) after “Community Employment” of “, where the said employment commenced before the 6th day of April, 1996.”, (c) the insertion in section 50(11) (as amended by section 18 of the Act of 1995) after “insurable (occupational injuries) employment” of “, where the person's said employment commenced before the 6th day of April, 1996”, (d) the substitution in section 10 (1) (d) (as amended by section 8 of this Act) of “Subject to paragraphs (e) and (f), subsection (7)” for “Subject to paragraphs (e) and (f)”, and (e) the insertion after section 10 (6) of the following subsection: “(7) In the case of employment specified in paragraph 12 of Part I of the First Schedule, subsection (1) (d) shall be construed as if ‘0.5 per cent.’ were substituted for ‘8.5 per cent.’ and ‘12 per cent.’.”.
PART IV
Disability Allowance Disability allowance.
13.—Part III of the Principal Act is hereby amended by the insertion after Chapter 11 of the following Chapter: “CHAPTER 12 Disability Allowance Interpretation.
191A.—(1) In this Chapter— ‘institution’ means a hospital, convalescent home or home for people suffering from physical or mental disability or ancillary accommodation, nursing home for the care and maintenance of dependent elderly people and any other similar establishment providing residence, maintenance or care where the cost of a person's maintenance therein is being met in whole or in part by or on behalf of a health board; ‘weekly means’ means the yearly means divided by 52:
Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.
Entitlement to allowance.
191B.—(1) Subject to this Act, an allowance (‘disability allowance’) shall be payable to a person— (a) who has attained the age of 16 years but has not attained pensionable age, (b) who is by reason of a specified disability substantially handicapped in undertaking employment (in this Chapter referred to as ‘suitable employment’) of a kind which if the person was not suffering from that disability, would be suited to that person's age, experience and qualifications, whether or not the person is availing of a service for the training of disabled persons under section 68 of the Health Act, 1970 , and (c) whose weekly means, subject to subsection (2), do not exceed the amount of disability allowance (including any increases thereof) which would be payable to the person under this Chapter if that person had no means.
Rate of allowance (including increases for adult and child dependants).
191C.—(1) The rate (in this Chapter referred to as ‘the scheduled rate’) of disability allowance shall be the weekly rate set out in column (2) of Part 1 of the Fourth Schedule increased by— (a) the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has an adult dependant, subject to the restriction that, except where regulations otherwise provide, the claimant or beneficiary shall not be entitled to an increase under this paragraph in respect of more than one person, and (b) the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary.
Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the allowance would be payable is less than £2, the allowance shall not be payable.
Disqualification.
191D.—Regulations may provide for disqualifying a person for receiving disability allowance if that person fails without good cause to attend for or to submit himself or herself to such medical or other examination as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.
Total amount payable to couple.
191E.—(1) Where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age (non-contributory) pension, retirement pension or invalidity pension and the other is entitled to disability allowance, the total of the amount payable to them by way of such benefit or pension, as the case may be, and such disability allowance (in this subsection referred to as ‘the relevant amount’) shall not exceed the total amount of benefit or pension, as the case may be, or the total amount of disability allowance, whichever is the greater (in this subsection referred to as ‘the greater amount’) that would be payable if only one of the couple were in receipt of benefit, pension or disability allowance, as the case may be, and the benefit, pension or disability allowance included an increase in respect of the other as his adult dependant; and, if the relevant amount would but for this subsection exceed the greater amount, the amount of disability allowance payable to the spouse who is entitled to such disability allowance shall be reduced by the amount of the excess.
Transitional provisions.
14.—(1) Notwithstanding Chapter 12 (inserted by section 13 of this Act) of Part III of the Principal Act, where, immediately before the commencement of this Part, a person is in receipt of a maintenance allowance provided for under section 69 of the Health Act, 1970 , disability allowance shall be payable to that person on and from that commencement at a rate not less than the rate of maintenance allowance which is payable to him immediately before that commencement.
Amendments consequential on section 13 and repeal.
15.—(1) The Principal Act is hereby amended by— (a) the insertion in section 118 (1) after paragraph (j) of the following paragraph: “(k) disability allowance.”, and (b) the insertion in Part I of the Fourth Schedule (inserted by section 4 of this Act) after the rate of assistance contained at reference 8 of the following rates: “9.
Disability Allowance 64.50 38.50 13.20 — — —”.
(5)
Section 69
of the Health Act, 1970 , is hereby repealed.
Commencement (Part IV).
16.—This Part shall come into operation on such day as the Minister may appoint by order.
PART V
One-Parent Family Payment One-parent family payment.
17.—(1) The Principal Act is hereby amended by the substitution for Chapter 9 of Part III of the following Chapter: “CHAPTER 9 One-Parent Family Payment Interpretation.
157.—(1) In this Chapter— ‘qualified parent’ means, subject to regulations under section 162— (a) a widow, (b) a widower, (c) a separated spouse, (d) an unmarried person, or (e) a person whose spouse has been committed in custody to a prison or place of detention for a period of not less than 6 months, who has at least one qualified child normally residing with that person; ‘weekly means’ means the yearly means divided by 52.
Entitlement to payment.
158.—(1) Subject to this Act and to regulations made under this Act, a payment shall be payable to a qualified parent (‘one-parent family payment’).
Rate of allowance and increases for child dependants.
159.—(1) The rate (in this section referred to as ‘the scheduled rate’) of one-parent family payment shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the beneficiary.
Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the one-parent family payment would be payable is less than £2, the payment shall not be payable.
Disqualification.
160.—A qualified parent shall not, if and so long as that parent and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of one-parent family payment.
Continuation of payment.
161.—In the case of a qualified parent to whom section 157 (1) (e) applies, one-parent family payment shall continue to be paid for a period of four weeks after the release of that parent's spouse from a prison or place of detention.
Regulations.
162.—The Minister shall make regulations in relation to one-parent family payment and the regulations may, in particular and without prejudice to the generality of the foregoing, specify the circumstances in which, for the purposes of this Chapter— (a) a person is to be regarded as being a separated spouse, (b) a person is to be regarded as being an unmarried person.”.
Transitional provisions.
18.—(1) In this section a “relevant payment” means— (a) deserted wife's benefit under Chapter 18 of Part II of the Principal Act, (b) deserted wife's allowance under Chapter 7 of Part III of the Principal Act, or (c) prisoner's wife's allowance under Chapter 8 of Part III of the Principal Act, as the case may require.
Repeals, etc.
19.—(1) Each provision of the Principal Act mentioned in column (1) of Schedule E 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).
One-parent family payment — entitlement of person whose marriage has been dissolved.
20.—(1) Section 157(2) of the Principal Act (inserted by section 17 of this Act) is hereby amended by the insertion after paragraph (b) of the following paragraph: “(c) a reference to a qualified parent shall include a reference to a person who would otherwise be a qualified parent but for the fact that the person's marriage has been dissolved, being a dissolution that is recognised as valid in the State.”.
Commencement (
Part V
).
21.—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 and different provisions.
PART VI
Unemployment Assistance Unemployment assistance.
22.—(1) Section 120 (as amended by section 18 of the Act of 1995) of the Principal Act is hereby amended by— (a) the substitution for subsections (1), (2) and (3) of the following subsections: “(1) Subject to this Act, a person shall be entitled to unemployment assistance in respect of any week of unemployment if— (a) the person has attained the age of 18 years and has not attained pensionable age, (b) the person proves unemployment in the prescribed manner, and (c) the person's weekly means, subject to subsection (2) (d), do not exceed the amount of unemployment assistance (including any increases thereof) that would be payable to the person under this Chapter if that person had no means.
Rules as to calculation of means.
23.—Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by the insertion in paragraph (2) after subparagraph (q) (inserted by section 11 of the No. 2 Act of 1995) of the following subparagraphs: “(r) payments by a health board in respect of the provision of accommodation for a child under section 5 of the Child Care Act, 1991 , (s) all moneys received, except and in so far as they exceed such amount as may be prescribed, under a scheme administered by the Minister for Agriculture, Food and Forestry and known as the Rural Environment Protection Scheme;”.
PART VII
Pensions Homemakers.
24.—(1) The Principal Act is hereby amended by— (a) the insertion in section 83(2) before the definition of “yearly average” of the following definition: “‘homemaker’ means a person who— (a) is resident in the State and is under pensionable age, (b) is not engaged in remunerative employment, other than employment specified in paragraph 5 of Part II of the First Schedule, (c) either— (i) resides with and cares for a child under 12 years of age on a full-time basis, or (ii) resides with and provides full-time care and attention to a person who is so incapacitated as to require full-time care and attention within the meaning of section 163(3), and (d) other than in the case of such class or classes of person as may be prescribed, makes application to be regarded as a homemaker in the prescribed manner and within the prescribed time;”, (b) the insertion after “attaining pensionable age” in the definition of “yearly average” contained in section 83(2) of the following proviso: “Provided that in the case of a claimant who was a homemaker for the duration of any complete contribution year, commencing on or after the 6th day of April, 1994, in which the claimant does not have any credited contributions or voluntary contributions, such contribution year shall be disregarded for the purposes of determining the yearly average of that claimant subject to the total number of contribution years so disregarded not exceeding 20;”, and (c) the insertion in section 27(b) after subparagraph (ii) of the following subparagraph: “(iii) periods in any contribution year in which they become or cease to be a homemaker within the meaning of section 83(2).”.
Pre-retirement allowance.
25.—(1) Section 127 of the Principal Act is hereby amended by the substitution for subsection (1)(c) (inserted by section 22
Old age (contributory) and retirement pensions — conditions for receipt.
26.—(1) Section 84 of the Principal Act is hereby amended by the substitution for subsection (14) of the following subsection: “(14) Regulations may provide, subject to subsection (15), for entitling to old age (contributory) pension a relevant person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who, in respect of any period, has been employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 5(2)(a), 6(2)(a) or 7(2)(a) of the Social Welfare (Modifications of Insurance) Regulations, 1991 to 1995, were paid.”.
Widow's and widower's (contributory) pension.
27.—(1) Section 101 (inserted by section 11 of the Act of 1994) of the Principal Act is hereby amended by the insertion after subsection (4) of the following subsection: “(5) A person who, having ceased to be entitled to a pension by virtue of that person's remarriage, shall, on again becoming a widow or widower, be entitled to a pension at the rate which would have been payable had the person not remarried where the person— (a) fails to satisfy the conditions set out in section 101(1), or (b) on satisfying the conditions set out in section 101(1), is entitled to a pension at a rate below that which would have been payable had the person not remarried.”.
Widow's and widower's (contributory) pension — entitlement of person whose marriage has been dissolved.
28.—(1) Section 100 (inserted by section 11 of the Act of 1994) of the Principal Act is hereby amended by— (a) the substitution for the definition of “spouse” of the following definition: “‘spouse’, 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 and for this purpose that last spouse shall be construed as including a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State;”, and (b) the insertion after the definition of “spouse” of the following definitions: “‘widow’ means a widow or 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; ‘widower’ means a widower or a man who would otherwise be a widower but for the fact that his marriage has been dissolved, being a dissolution that is recognised as valid in the State;”.
Commencement (Part VII).
29.—This Part (other than section 24 ) 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 and different provisions.
PART VIII
Amendment of Part VII of Principal Act: Decisions, Appeals And Social Welfare Tribunal Supplementary welfare allowance — appeals.
30.—(1) The Principal Act is hereby amended by— (a) the deletion in section 251 of “, except the provisions relating to supplementary welfare allowance,”, (b) the insertion after section 257 of the following section: “257A.—Where a person is dissatisfied with the determination of an appeal by him or her under section 267 in relation to a claim for supplementary welfare allowance, the question shall, on notice of appeal being given to the health board within the prescribed time, be forwarded by the board to the Chief Appeals Officer for referral to an appeals officer.”, (c) the substitution in section 257(3) for “under subsection (1), shall not be confined to the grounds on which the decision of the deciding officer was based,” of “under subsection (1) or section 257A, shall not be confined to the grounds on which the decision of the deciding officer, or the determination of the officer of the health board, as the case may require, was based,”, (d) the insertion in section 265 after “263” of “, 268(1)(c)”, (e) the insertion in section 266 after “section 267” of “or section 257A”, (f) the substitution in section 267(1) for “a person (being either another officer of the health board or a person not such an officer)” of “another officer of the health board”, (g) the substitution for section 268 of the following section: “268.—(1) An officer of a health board who is duly authorised to determine entitlement to a supplementary welfare allowance may, at any time— (a) revise a determination of another officer of a health board, other than an officer appointed or designated under section 267(1), to such allowance if it appears to the officer that the determination was erroneous in the light of new evidence or of new facts which have been brought to the officer's notice since the date on which the determination was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to the officer that there has been any relevant change of circumstances since the determination was given, (b) revise the determination of another officer of a health board appointed or designated under section 267(1), if it appears to the officer that there has been any relevant change of circumstances which has come to notice since the determination was given, or (c) revise the decision of an appeals officer, if it appears to the officer that there has been any relevant change of circumstances which has come to notice since the decision was given, and the provisions of this Part as to appeals shall apply to the revised determination in the same manner as they apply to an original determination of an officer of a health board.
Decisions and determinations under Social Welfare Acts.
31.—The Principal Act is hereby amended by the insertion after section 273 of the following section: “273A.—The Minister may make regulations specifying the procedures to be followed by— (a) a deciding officer, when deciding questions under sections 247 and 248, (b) an appeals officer, when deciding questions under sections 250, 257 and 257A, and (c) an officer of a health board in making determinations in relation to supplementary welfare allowance including determinations under section 267(1).”.
Effect of revised decisions.
32.—Each provision of the Principal Act mentioned in column (1) of Schedule H 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).
Amendment of section 274 of Principal Act.
33.—Section 274 of the Principal Act is hereby amended by the substitution of “a deciding officer or an appeals officer” for “a deciding officer and appeals officer”.
Award of expenses.
34.—Section 261 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “(1) (a) In relation to any matter referred to an appeals officer under this Part the following provisions shall apply: (i) subject to subparagraph (ii), an award shall not be made in respect of any costs (whether in respect of the representation of the appellant or otherwise in relation to such matter) incurred by a person, (ii) an appeals officer may make an award to a person appearing before the officer towards the person's expenses, which shall be payable by the Minister. (b) In paragraph (a)(ii), ‘expenses’ means— (i) expenses necessarily incurred by the appellant or a witness in respect of his or her travel and subsistence or loss of remuneration, and (ii) in the case of a person appearing before an appeals officer in a representative capacity, an amount only in respect of that person's actual attendance.”.
PART IX
Miscellaneous Amendments Regulations (payment of benefit beyond pensionable age).
35.—Section 206 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection: “(3) Notwithstanding the provisions of this Act, regulations may provide for payment of benefit, in such circumstances and subject to such conditions and for such periods as may be prescribed, to a claimant or beneficiary who has attained pensionable age.”.
Supplementary welfare allowance — administration.
36.—Section 175 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsections: “(1) Subject to the general direction and control of the Minister, each health board shall, in respect of its functional area, be responsible for the administration of the functions, other than making such categories of payment as may be prescribed in such circumstances and conditions as may be prescribed, relating to supplementary welfare allowance and other functions performable under this Chapter. (1A) Any categories of payment prescribed under subsection (1) shall be made by the Minister and regulations made under that subsection may apply to the whole State or to a specified health board or to a part of the functional area of a health board and may relate to supplementary welfare allowance generally or to supplementary welfare allowance payable by virtue of specific provisions in this Chapter.”.
Assessment of means for social assistance payments.
37.—(1) Paragraph (4) of Rule 1 of Part II of the Third Schedule to the Principal Act is hereby amended by— (a) the insertion in subparagraph (h) after “(including wages and profit from any form of self-employment)” of “other than from employment of a rehabilitative nature,”, (b) the insertion after subparagraph (h) of the following subparagraph: “(hh) in the case of a blind person, such amount as may be prescribed of his or her earnings from employment of a rehabilitative nature,”, (c) the insertion in subparagraph (jj) (inserted by section 15 of the Act of 1994) after “of self-employment)” of “having deducted such amount in respect of social insurance contributions payable under Part II, childminding and travel expenses, which a deciding officer considers reasonable in all the circumstances of the case,”, (d) the insertion in subparagraph (o) (inserted by section 18 of the Act of 1994) before “lone parent's allowance,” of “blind pension or”, and (e) the insertion after subparagraph (p) (inserted by section 18 of the Act of 1994) of the following subparagraphs: “(q) payments by a health board in respect of the provision of accommodation for a child under section 5 of the Child Care Act, 1991 , (r) in the case of old age (non-contributory) pension, all moneys received, except and in so far as they exceed such amount as may be prescribed, under a scheme administered by the Minister for Agriculture, Food and Forestry and known as the Rural Environment Protection Scheme, (s) in the case of a person who has attained pensionable age, any moneys received under a scheme administered by the Minister for Agriculture, Food and Forestry and known as the Early Retirement Scheme from Farming operated under Council Regulation (EEC) No. 2079/92 of the 30th day of July, 1992(1) ,”.
Student who reaches 22 years of age during academic year to be regarded as qualified child up to end of academic year.
38.—Section 2 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsection: “(4) Notwithstanding subsection (3)(b)(iii)(II), a person receiving full-time education, within the meaning of the said subsection, who attains the age of 22 years during an academic year, within the meaning of section 126(2), shall continue to be regarded as a qualified child for the purposes of the said subsection, while receiving full-time education for the duration of the said academic year.”.
Increase of disablement pension where constant attendance is needed.
39.—Section 57 of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsections: “(1A) Subject to subsection (1B), regulations may provide for entitling to an increase of disablement pension under this section, a beneficiary who would otherwise be entitled thereto but for the fact that the beneficiary is in receipt of a disablement pension which is payable in respect of an assessment of less than 100 per cent. (1B) Regulations for the purposes of subsection (1A) shall provide that an increase of pension payable by virtue thereof shall be payable at an amount less than the amount that would be payable in respect of an assessment of 100 per cent., and the amount of the increase of pension so payable may vary in relation to the degree of disablement assessed.”.
Social insurance fund (payment of fees).
40.—Section 5 of the Principal Act is hereby amended by the insertion after subsection (4) of the following subsection: “(5) Any fees in respect of an audit of the Social Insurance Fund which are payable to the Comptroller and Auditor General in accordance with section 12 of the Comptroller and Auditor General (Amendment) Act, 1993 , shall be paid by the Minister out of that Fund.”.
Limitation period for proceedings.
41.—The Principal Act is hereby amended by— (a) the substitution for section 280(4) of the following subsection: “(4) Any proceedings to recover assistance due to the Minister as a debt due to the State under section 281(3) shall be maintainable against the estate of a deceased person if brought at any time within the period of 6 years commencing on the date on which the notice or the date on which the schedule of assets under paragraph (a) of subsection (1) is received by the Minister, whichever is the later.”, and (b) the insertion in section 281 after subsection (3) of the following subsection: “(3A)
Section 9
of the Civil Liability Act, 1961 , shall not apply to an action for the recovery of a debt due to the Minister or to the State under this Act.”.
Budgeting in relation to social welfare payments.
42.—Section 240 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection: “(3) In this section ‘a specified body’ means— (a) a local authority (for the purposes of the Local Government Act, 1941 ), (b) any other body established— (i) by or under any enactment (other than the Companies Acts, 1963 to 1990), or (ii) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under other enactments, and financed wholly or partly by means of moneys provided or loans made or guaranteed by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body, or (c) such other body as may be prescribed.”.
Employment statements.
43.—Section 212 (14) of the Principal Act is hereby amended by the substitution of “ section 3 of the Terms of Employment (Information) Act, 1994 ,” for “ section 9 of the Minimum Notice and Terms of Employment Act, 1973 ,”.
PART X
Amendment of Section 5 of Combat Poverty Agency Act, 1986 Deferral of period for submission of strategic plan by combat poverty agency.
44.—
Section 5
of the Combat Poverty Agency Act, 1986 , is hereby amended by the insertion after subsection (3) of the following subsection: “(4) Notwithstanding subsection (2), the Minister may, where he considers that the circumstances so warrant, extend, by not more than 6 months, the period within which the Agency is required to draw up and submit for the Minister's approval a strategic plan.”.
PART XI
Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981 Amendment of sections 7A and 11 of Health Contributions Act, 1979.
45.—(1) Section 7A (inserted by section 24 of the Act of 1995) of the Health Contributions Act, 1979 , is hereby amended by— (a) the substitution in subsection (1)(a) of “£188” for “£178”, (b) the substitution in subsection (1)(b) of “£9,750” for “£9,250”, and (c) the substitution in subsection (2) of “£9,750” for “£9,250”.
(2)
Section 11
Amendment of sections 18A and 22 of Youth Employment Agency Act, 1981.
46.—(1) Section 18A (inserted by section 25 of the Act of 1995) of the Youth Employment Agency Act, 1981 , is hereby amended by— (a) the substitution in subsection (1)(a) of “£188” for “£178”, (b) the substitution in subsection (1)(b) of “£9,750” for “£9,250”, and (c) the substitution in subsection (2) of “£9,750” for “£9,250”.
(2)
Section 22
SCHEDULE A
Section 3
. “Second Schedule Rates of Benefits
PART I
Rates of Periodical Benefits and Increases Thereof Description of benefit Weekly rate Increase for adult dependant (where payable) Increase for each qualified child (where payable) Increase for prescribed relative under section 167 (where payable) Increase where the person has attained pensionable age and is living alone (where payable) Increase where the person has attained the age of 80 years (where payable)
(1)
(2)
(3)
(4)
(5)
(6)
75.00 49.50 15.20 35.80 6.00 5.00 additional increase for an adult dependant who has attained pensionable age — 4.40 — — — — 4. Invalidity Pension:
66.20 43.60 15.20 35.80 6.00 5.00 additional increase for a beneficiary who has attained the age of 65 years 8.80 — — — — — 5. Survivor's Pension and Deserted Wife's Benefit 68.10 — 17.00 35.80 6.00 5.00 6. Orphan's (Contributory) Allowance.
42.60 — — — — —
PART II
Occupational Injuries Benefits — Gratuities and Grant Description of Grant Amount
(1)
Maximum gratuity 6,160 2. Death Benefit: (a) Widower's gratuity 4,490 (b) Grant in respect of funeral expenses 310
PART III
Disablement Pension Degree of disablement Weekly rate
(1)
79.40 80 ” ”
70.60 70 ” ”
61.70 60 ” ”
52.90 50 ” ”
44.10 40 ” ”
35.30 30 ” ”
26.50 20 ” ”
17.60
PART IV
Increases of Disablement Pension Description of Increase Weekly Rate
(1)
SCHEDULE B
Section 4
. “Fourth Schedule Rates of Assistance
PART I
Rates of Periodical Social Assistance and Increases Thereof Description of assistance Weekly rate Increase for adult dependant (where payable) Increase for each qualified child (where payable) Increase for prescribed relative under section 167 (where payable) Increase where the person has attained pensionable age and is living alone (where payable) Increase where the person has attained the age of 80 years (where payable)
(1)
(2)
(3)
(4)
(5)
(6)
PART II
Increase of Old Age (Non-Contributory) Pension and Blind Pension For One of a Couple Means of claimant or pensioner Weekly rate of increase £ Where the weekly means of the claimant or pensioner do not exceed £6 38.50 exceed £6 but do not exceed £8 37.50 exceed £8 but do not exceed £10 36.50 exceed £10 but do not exceed £12 35.50 exceed £12 but do not exceed £14 34.50 exceed £14 but do not exceed £16 33.50 exceed £16 but do not exceed £18 32.50 exceed £18 but do not exceed £20 31.50 exceed £20 but do not exceed £22 30.50 exceed £22 but do not exceed £24 29.50 exceed £24 but do not exceed £26 28.50 exceed £26 but do not exceed £28 27.50 exceed £28 but do not exceed £30 26.50 exceed £30 but do not exceed £32 25.50 exceed £32 but do not exceed £34 24.50 exceed £34 but do not exceed £36 23.50 exceed £36 but do not exceed £38 22.50 exceed £38 but do not exceed £40 21.50 exceed £40 but do not exceed £42 20.50 exceed £42 but do not exceed £44 19.50 exceed £44 but do not exceed £46 18.50 exceed £46 but do not exceed £48 17.50 exceed £48 but do not exceed £50 16.50 exceed £50 but do not exceed £52 15.50 exceed £52 but do not exceed £54 14.50 exceed £54 but do not exceed £56 13.50 exceed £56 but do not exceed £58 12.50 exceed £58 but do not exceed £60 11.50 exceed £60 but do not exceed £62 10.50 exceed £62 but do not exceed £64 9.50 exceed £64 but do not exceed £66 8.50 exceed £66 but do not exceed £68 7.50 exceed £68 Nil ”.
SCHEDULE C
Section 7.
Provision of Principal Act Amended Nature of Amendment
(1)
(2)
Section 204
The insertion after paragraph (d) of the following paragraph: “(e) continued payment for qualified children.”.
The deletion in paragraph (c) of “or”.
The substitution in paragraph (d) for “supplement.” of “supplement, or”.
Section 212 (as amended by section 28 of the Act of 1994)
The substitution for “IV, V, IX” of “IV, V, VA, IX” in each place where it occurs.
Section 247(2)
The insertion after paragraph (d) of the following paragraph: “(dd) Part VA (continued payment for qualified children), and”.
The deletion in paragraph (d) of “and”.
Sections 249 and 264 (as amended by section 32 of this Act), 278, 279 and 282 The substitution for “or family income supplement” of “, family income supplement or continued payment for qualified children” in each place where it occurs.
Section 265
The insertion in paragraph (b) after “V,” of “VA,”.
Section 277
The insertion in subsection (1) (a) after “V,” of “VA,”.
The substitution for “or family income supplement” of “family income supplement or continued payment for qualified children” in each place where it occurs.
Section 279
The substitution for “or supplement” of “, supplement or payment”.
Section 281(6)
The substitution for “or assistance repayable” of “, assistance or continued payment for qualified children repayable”.
Paragraph (2) of Rule 1 of Part I of the Third Schedule and paragraph (4) of Rule 1 of Part II of the Third Schedule The substitution for subparagraph (b) (as amended by section 18 of the Act of 1994) of the following subparagraph: “(b) any sums received by way of benefit, pension, assistance, allowance, supplement or continued payment for qualified children under Part II, III, IV, V or VA, or by way of a payment corresponding to child benefit under Part IV, from another Member State,”.
SCHEDULE D
Section 15
.
Provision of Principal Act Amended Nature of Amendment
(1)
(2)
Section 2(1)
The deletion of the definition of “disabled person's maintenance allowance”.
Section 2(2) (a) (iii)
The deletion of “or disabled person's maintenance allowance,”.
Section 2(3) (b) (ii) (as amended by section 13 of the Act of 1994)
The insertion after “165(1)” of “, 191C(1) (b)”.
Section 3(12) (as amended by section 15 of the Act of 1995)
The insertion after “165(4),” of “191B(2), 191C(3),”.
Section 138
The deletion of “or to disabled person's maintenance allowance”.
Section 163(1) (as amended by section 12 of the Act of 1995) in the definition of “relevant pensioner”
The substitution in paragraph (b) for subparagraph (iii) of the following subparagraph: “(iii) disability allowance, or”.
Section 183
The deletion in paragraph (a) of “disabled person's maintenance allowance or”.
The substitution in paragraph (b) for “if either of the said allowances,” of “if the said allowance,”.
The substitution for “the said allowances.” of “the said allowance.”.
Section 207(1) (c) (i)
The substitution for “or blind pension,” of “blind pension or disability allowance,”.
The substitution for “or 137(a),” of “, 137(a) or 191C(1)(a),”.
Sections 209(1) and 209(2) The deletion of paragraph (c).
Section 209(3)
The deletion in paragraph (a) of “an increase of disabled person's maintenance allowance or”.
The deletion in paragraph (b) of “, (c)”.
Rule 1 of Part I of the Third Schedule The substitution for “Chapters 2 and 3” of “Chapters 2, 3 and 12”.
Rule 1(4) (f) of Part II of the Third Schedule The deletion of clause (iii).
SCHEDULE E
Section 19
.
Provision of Principal Act Amended Nature of Amendment
(1)
(2)
Part II
The repeal of Chapter 18.
Part III
The repeal of Chapters 7 and 8.
Section 2(3)(b)(ii) (as amended by
section 15 of this Act) The deletion of “113(1),”.
Section 4(4)(a) (as amended by section 11 of the No. 2 Act of 1995)
The deletion of “110(1)(c), 111(3), 111(8),”.
The insertion after “129,” of “158(4),”.
Section 4(5) (as amended by
section 37 of this Act) The deletion of “, 111(2)”.
Section 23(3)
The deletion of paragraph (a).
The deletion in paragraph (b) of “, deserted wife's benefit”.
Section 30(1) (as amended by section 11 of the Act of 1995)
The deletion of paragraph (l).
Section 101 (as amended by
section 27 of this Act) The deletion of subsection (4).
Section 118(1) (as amended by
section 15 of this Act) The deletion of paragraphs (f) and (g).
Section 135 (as amended by
section 27 of this Act) The deletion of “deserted wife's benefit,” in each place where it occurs.
The substitution in paragraph (b) of “any such pension” for “any such benefit, pension”.
Section 139(3) (as amended by
section 27 of this Act) The deletion of “or deserted wife's benefit” in both places where it occurs.
Section 143 (as amended by section 5 of the No. 2 Act of 1995)
The deletion of subsection (2).
Section 207 (1)(c)(ii) (as amended by
section 27 of this Act) The substitution for “or deserted wife's benefit, so much of the pension or benefit as is payable by virtue of section 105(1) or 113(1), as appropriate,” of “so much of the pension as is payable by virtue of section 105(1),”.
Section 210(1) in the definition of “benefit” (as amended by
section 15 of this Act) The deletion of paragraph (n).
Section 284 (1)
The deletion of the definition of “benefit”.
The deletion in the definition of “allowance” of “deserted wife's allowance,”.
The deletion in the definition of “competent authority” of “deserted wife's benefit, deserted wife's allowance and”.
Section 285
The deletion of “110, 152,”.
Sections 286(1), 297, 298(1) and (2) (as amended by section 17 of this Act) The substitution for “a benefit or allowance” of “an allowance” in each place where it occurs.
Sections 286(1) and 297 The substitution for “such benefit or allowance” of “such allowance” in each place where it occurs.
Sections 286(2) and (4) and 298(3) The substitution for “the benefit or allowance” of “the allowance” in each place where it occurs.
Sections 298(2) and (3) The substitution for “benefit or allowance” of “allowance” in each place where it occurs.
Paragraph 5 (as amended by section 27 of this Act) of Part III of the First Schedule The deletion of “, deserted wife's benefit”.
Rule 1(2A) (inserted by section 17 of this Act) of Part II of the Third Schedule The deletion of “deserted wife's allowance and prisoner's wife's allowance”.
Rule 1(3) of Part II of the Third Schedule (as amended by section 17 of this Act) The deletion of “deserted wife's allowance, prisoner's wife's allowance,”, Rule 1(4) of Part II of the Third Schedule The deletion of “deserted wife's allowance, prisoner's wife's allowance”.
Rule 2(2) of Part II of the Third Schedule The deletion of subparagraphs (b) and (c).
Rule 5 (as amended by section 23 of the Act of 1995) of Part II of the Third Schedule The deletion of “deserted wife's allowance, prisoner's wife's allowance” in each place where it occurs.
Sections 118(1)(h), 121(1)(a)(ii) (inserted by section 22 of this Act), 207(1)(c)(ii), 210(1)(m), 210(2)(f), 236(1), 284(1) in the definitions of “allowance” and “competent authority”, Rule 1(4), Rule 2(2)(d) and Rule 5 (as amended by section 23 of the Act of 1995) of Part II of the Third Schedule The substitution of “one-parent family payment” for “lone parent's allowance” in each place where it occurs.
Section 121(1)(a)(ii) (inserted by
section 22 of this Act) The substitution of “a qualified parent” for “a lone parent”.
Section 207(1)(c)(ii) (as amended by
section 27 of this Act) The substitution of “the payment” for “the allowance”.
Section 236(1) (as amended by
section 27 of this Act) The substitution of “such payment” for“such allowance”.
Rule 1(4)(j) (inserted by section 15 of the Act of 1994) of Part II of the Third Schedule The substitution of “or a qualified parent within the meaning of section 157” for “or a lone parent”.
Reference 5 of Part I of the Fourth Schedule The substitution of “One-Parent Family Payment” for “Lone Parent's Allowance”.
SCHEDULE F
Section 26
.
Provision of Principal Act Amended Nature of Amendment
(1)
(2)
Section 83(3) in the definition of “relevant person” and section 88(4) in the definition of “relevant person”
The substitution for subparagraph (i) of paragraph (b) of the following subparagraph: “(i) employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 5(2)(a), 6(2)(a) or 7(2)(a) of the Social Welfare (Modifications of Insurance) Regulations, 1991 to 1995, were paid, and”.
Section 84(9)
The substitution of “at the rate specified in Article 5(2)(a), 6(2)(a) or 7(2)(a) of the Social Welfare (Modifications of Insurance) Regulations, 1991 to 1995,”, for “during which such person is or was employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 )),”.
SCHEDULE G
Section 27
.
Provision of Principal Act Amended Nature of Amendment
(1)
Section 30(1)(j) (as amended by section 13 of the Act of 1994)
The substitution of “widow's (contributory) pension and widower's (contributory) pension” for “survivor's pension”.
Section 100 (inserted by section 11 of the Act of 1994)
The insertion before the definition of “relevant time” of the following definition: “‘pension’ means a widow's (contributory) pension in the case of a widow and a widower's (contributory) pension in the case of a widower;”.
The deletion of the definition of “survivor”.
Section 100 in the definition of “relevant time”, section 102(1)(b) (inserted by section 11 of the Act of 1994)
The substitution of “widow's or widower's” for “survivor's” in each place where it occurs.
Sections 100, 101 and 102 (inserted by section 11 of the Act of 1994) The substitution of “widow or widower” for “survivor” in each place where it occurs.
Sections 101, 102, 103 and 104 (inserted by section 11 of the Act of 1994), section 105 (inserted by section 19 of the Act of 1995) and section 105A (inserted by section 11 of the Act of 1994) The substitution of “pension” for “survivor's pension” in each place where it occurs.
Section 210(1)(l) in the definition of “benefit” (as amended by section 13 of the Act of 1994)
The substitution of “widow's (contributory) pension or widower's (contributory) pension” for “survivor's pension”.
Reference 5 of Part I of the Second Schedule (as amended by section 13 of the Act of 1994) The substitution of “Widow's (Contributory) Pension, Widower's (Contributory) Pension” for “Survivor's Pension”.
SCHEDULE H
Section 32
.
Provision of Principal Act Amended Nature of Amendment
(1)
SCHEDULE I
Section 37
.
Provision of Principal Act Amended Nature of Amendment
(1)
Paragraph (4) (as amended by section 17 of this Act) of Rule 1 of Part II of the Third Schedule The insertion after subparagraph (t) of the following subparagraph: “(u) such other income received by a person or his or her spouse as may be prescribed.”.
Paragraph (1) (as amended by section 37 of this Act) of Rule 1 of Part III of the Third Schedule The insertion after subparagraph (n) of the following subparagraph: “(o) such other income received by a person or his or her spouse as may be prescribed.”.
Paragraphs (1) (as amended by section 23 of the Act of 1995) and (3)(b) of Rule 1 of Part I, paragraphs (1) (as amended by section 23 of the Act of 1995), (4)(a) and (5)(b) of Rule 1 of Part II and paragraphs (1)(e), (2) and (3)(b) of Rule 1 of Part III of the Third Schedule The deletion of “under a lease which was certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice”.
Acts Referred to Blind Persons Act, 1920 10 & 11 Geo. 5. c.49 Child Care Act, 1991 1991, No. 17 Civil Liability Act, 1961 1961, No. 41 Combat Poverty Agency Act, 1986 1986, No. 14 Companies Acts, 1963 to 1990 Comptroller and Auditor General (Amendment) Act, 1993 1993, No. 8 Health Act, 1970 1970, No. 1 Health Contributions Act, 1979 1979, No. 4 Local Authorities (Higher Education Grants) Acts, 1968 to 1992 Local Government Act, 1941 1941, No. 23 Minimum Notice and Terms of Employment Act, 1973 1973, No. 4 Social Welfare (Consolidation) Act, 1993 1993, No. 27 Social Welfare Act, 1994 1994, No. 4 Social Welfare Act, 1995 1995, No. 3 Social Welfare (No. 2) Act, 1995 1995, No. 23 Terms of Employment (Information) Act, 1994 1994, No. 5 Youth Employment Agency Act, 1981 1981, No. 32 OJ No. L215 of 30.7.1992 OJ No. L149 of 5.7.1971 p2 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais