Social Welfare Act, 1990

Social Welfare Act, 1990 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 1990 Social Welfare Act, 1990 Social Welfare Act, 1990 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 Print Full ActPriontáil an tAcht Iomlán Number 5 of 1990 SOCIAL WELFARE ACT, 1990 ARRANGEMENT OF SECTIONS

PART I

Preliminary Section

Section 1

Short title, construction and collective citation.

Section 2

Definitions.

PART II

Increases

Section 3

Social insurance benefits (new rates).

Section 4

Social assistance payments (new rates).

Section 5

Child benefit.

Section 6

Definition of “qualified child”.

Section 7

Pay-related social insurance contributions (increase in earnings ceiling).

Section 8

Self-employment contributions (increase in earnings ceiling).

Section 9

Exemption of employed contributors from payment of contributions.

Section 10

Exemption from payment of contributions, etc.

Section 11

Pay-related benefit.

PART III

Section 12

Lone parent's allowance.

Section 13

Miscellaneous amendments to Principal Act for purposes of Part III.

Section 14

Amendment of Fourth Schedule to Principal Act.

Section 15

Amendment of section 3 (1) of Family Law (Maintenance of Spouses and Children) Act, 1976.

Section 16

Commencement of Part III.

PART IV

Carer's Allowance

Section 17

Carer's allowance.

Section 18

Consequential amendments to Principal Act.

PART V

Appeals

Section 19

Amendment of section 298 of Principal Act (appeals).

Section 20

Amendment of section 299 of Principal Act.

Section 21

Repeal.

Section 22

Commencement of Part V.

PART VI

Dissolution of Occupational Injuries Fund and Redundancy and Employers' Insolvency Fund and Transfer of Moneys from those Funds to Social Insurance Fund

Section 23

Dissolution of Occupational Injuries Fund.

Section 24

Transfer of moneys to Social Insurance Fund.

Section 25

Amendment of section 6 of Employers' Employment Contributions Scheme Act, 1981.

Section 26

Amendment of Act of 1967.

Section 27

Amendment of section 15 of Act of 1971.

Section 28

Amendment of Act of 1984.

Section 29

Repeals.

Section 30

Definitions (Part VI).

Section 31

Commencement of Part VI.

PART VII

Miscellaneous Amendments

Section 32

Amendment of section 22 of Principal Act (duration of payment).

Section 33

Amendment of section 125 of Principal Act (payments after death).

Section 34

Exemption of certain payments from calculation of means.

Section 35

Amendment of Third Schedule to Principal Act (calculation of means).

Section 36

Employment contributions.

Section 37

Amendment of Part IIA of First Schedule to Principal Act.

Section 38

Supplementary welfare allowance granted to persons in receipt of certain payments.

Section 39

Amendment of section 43 of Principal Act (assessment of disablement benefit).

Section 40

Amendment of section 156B (2) of Principal Act.

Section 41

Single woman's allowance and orphan's (non-contributory) pension.

Section 42

Weekly rate of family income supplement.

Section 43

Effect of means on certain rates of pension, assistance and allowance.

Section 44

Offences.

Section 45

Priority debts to Social Insurance Fund in a company winding-up.

Section 46

Amendment of section 306A of Principal Act.

Section 47

Participation in Vocational Training Opportunities Scheme.

Section 48

Disqualification for receipt of assistance.

Section 49

Increase in certain pensions and benefit when recipient reaches 80 years.

Section 50

Payment of death benefit by way of parent's pension.

Section 51

Sanction of Minister for Finance in relation to certain regulations.

SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D Acts Referred to Companies Act, 1963 1963, No. 33 Companies Acts, 1963 to 1986 Employers' Employment Contribution Scheme Act, 1981 1981, No. 19 Employers' Employment Contribution Scheme Acts, 1981 and 1988 Family Law (Maintenance of Spouses and Children) Act, 1976 1976, No. 11 Health Act, 1947 1947, No. 28 Health Act, 1970 1970, No. 1 Health Contributions Act, 1979 1979, No. 4 Income Tax Act, 1967 1967, No. 6 Income Tax Acts Labour Services Act, 1987 1987, No. 15 Protection of Employees (Employers' Insolvency) Act, 1984 1984, No. 21 Redundancy Payments Act, 1967 1967, No. 21 Redundancy Payments Act, 1971 1971, No. 20 Redundancy Payments Act, 1979 1979, No. 7 Redundancy Payments Acts, 1967 to 1984 Social Welfare Act, 1952 1952, No. 11 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 Act, 1985 1985, 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 Acts, 1981 to 1989 Youth Employment Agency Act, 1981 1981, No. 32 Number 5 of 1990 SOCIAL WELFARE ACT, 1990 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1989, AND FOR THOSE PURPOSES TO AMEND SECTION 3 OF THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 , TO PROVIDE FOR THE DISSOLUTION OF THE OCCUPATIONAL INJURIES FUND AND THE REDUNDANCY AND EMPLOYERS' INSOLVENCY FUND AND THE TRANSFER OF MONEYS FROM THOSE FUNDS TO THE SOCIAL INSURANCE FUND AND TO PROVIDE FOR CONNECTED MATTERS. [4th April, 1990] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary Short title, construction and collective citation.

1.—(1) This Act may be cited as the Social Welfare Act, 1990.

(3)

Section 25

of this Act and the Employers' Employment Contribution Scheme Acts, 1981 and 1988, may be cited together as the Employers' Employment Contribution Scheme Acts, 1981 to 1990.

(5)

Section 28

of this Act and the Protection of Employees (Employers' Insolvency) Act, 1984 , may be cited together as the Protection of Employees (Employers' Insolvency) Acts, 1984 and 1990.

Definitions.

2.—In this Act— “the Act of 1982” means the Social Welfare Act, 1982 ; “the Act of 1988” means the Social Welfare Act, 1988 ; “the Act of 1989” means the Social Welfare Act, 1989 ; “the Principal Act” means the Social Welfare (Consolidation) Act, 1981 .

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 1989) 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 III (inserted by section 4 of the Act of 1989) of the Fourth Schedule thereto of the Parts set out in Schedule B to this Act.

Child benefit.

5.—(1) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part IV (inserted by section 5 of the Act of 1989) of the following Part: “PART IV Amounts of Child Benefit Amount for each of first four children Amount for each child in excess of four

(1)

Definition of “qualified child”.

6.—(1) Section 2 (1) of the Principal Act is hereby amended by the substitution for the definition of “qualified child” (inserted by section 7 of the Act of 1989) of 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 of— (i) sections 21 (2), 26A (1) and 32 (2), (ii) section 44 (2) as it applies to injury benefit, and (iii) section 139 (b) in the case of an applicant for unemployment assistance other than as referred to in paragraph (b), is under the age of 18 years, (b) for the purposes of— (i) section 44 (2) as it applies to disablement pension, (ii) sections 81 (2), 86 (2), 91 (2), 156B (1) (b), 161 (1) and 198I (1), and (iii) section 139 (b) in the case of an applicant who, in any continuous period of unemployment as construed in accordance with section 135 (2), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days— (I) is under the age of 18 years, or (II) is of or over the age of 18 years and under the age of 20 years, and is receiving full-time instruction by day at any university, college, school or other educational establishment, (c) for the purposes of sections 50 (9), 95 (1), 103 (1), 178 (1), 195 (1), 196 (1), 197 (1), 198A, 198B and 198C (1)— (i) is under the age of 18 years, or (ii) is of or over the age of 18 years and under the age of 21 years, and is receiving full-time instruction by day at any university, college, school or other educational establishment;”.

Pay-related social insurance contributions (increase in earnings ceiling).

7.—(1) Section 10 of the Principal Act is hereby amended by— (a) the substitution in paragraph (c) (inserted by section 8 of the Act of 1989) of subsection (1) of “£18,600” for “£18,000”, and (b) the substitution in paragraph (cc) (inserted by section 8 of the Act of 1989) of subsection (1) of “£17,300” for “£16,700”.

Self-employment contributions (increase in earnings ceiling).

8.—(1) Section 17C (d) (inserted by section 11 of the Act of 1988) of the Principal Act is hereby amended by the substitution of “£17,300” for “£16,700” (inserted by section 9 of the Act of 1989).

Exemption of employed contributors from payment of contributions.

9.—Section 10 of the Principal Act is hereby amended by the insertion after subsection (8) (inserted by section 14 of the Social Welfare Act, 1983 ) of the following subsection: “(9) (a) Where but for this subsection, an employment contribution would be payable by and in respect of an employed contributor at the rates specified in subsection (1) (b) increased by the amount specified in section 65 (2) (b), the employed contributor shall, subject to regulations, be exempted from the employment contribution payable under subsection (1) (b) (i) where his weekly reckonable earnings are below a prescribed amount. (b) Regulations under paragraph (a) may in particular and without prejudice to the generality of the foregoing specify— (i) the manner in which the amounts of weekly reckonable earnings are to be calculated for the purposes of that paragraph, (ii) the manner in which the provisions of that paragraph are to be applied in the case of an employed contributor who is employed by two or more employers concurrently, and (iii) the manner in which the provisions of that paragraph are to be applied in the case of an employed contributor remunerated other than on a weekly basis. (c) An employer who adjusts the method of payment of reckonable earnings to an employed contributor who was employed in consecutive weeks in order to ensure that the employed contributor is exempted in any week from the employment contribution payable under subsection (1) (b) (i) by virtue of paragraph (a) and regulations made thereunder shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or on conviction on indictment to a fine not exceeding £10,000.”.

Exemption from payment of contributions, etc.

10.— An employer who, during the period commencing on the 23rd day of October, 1989, and ending on the 28th day of February, 1990, employed additional employees under and by virtue of the scheme administered by the Department of Social Welfare and known as the Employers' Pay-Related Social Insurance Exemption Scheme, shall not, during the period commencing on the 6th day of April, 1990, and ending on the 5th day of April, 1991, be liable to pay in respect of additional employees who constitute a net increase in the employer's workforce under the scheme all or any of the following, namely— (a) the contribution specified in section 10 (1) (b) (ii) of the Principal Act (inserted by section 5 of the Act of 1982); (b) the employment contribution specified in subsection (2) (a) (ii) and the increase specified in subsection (2) (b) of section 65 (inserted by section 7 of the Act of 1988) of the Principal Act; (c) the health contribution payable by an employer under section 5 (1) (b) of the Health Contributions Act, 1979 ; (d) the employment and training levy payable by an employer under section 16 (c) of the Youth Employment Agency Act, 1981 (as extended by section 25 of the Labour Services Act, 1987 ); or (e) the employers' redundancy contribution payable under section 28 (inserted by section 3 of the Redundancy Payments Act, 1979 , and extended by section 2 of the Protection of Employees (Employers' Insolvency) Act, 1984 ) of the Redundancy Payments Act, 1967 .

Pay-related benefit.

11.— (1) Section 73 of the Principal Act is hereby amended by the substitution of “£72” for “£69” (inserted by section 10 of the Act of 1989).

PART III

Lone Parent's Allowance Lone parent's allowance.

12.— (1) The Principal Act is hereby amended by the substitution for Chapter 5A (inserted by section 6 of the Act of 1989) of Part III of the following Chapter: “Chapter 5A Lone Parent's Allowance Interpretation (lone parent's allowance).

198A.— (1) In this Chapter— ‘lone parent’ means, subject to regulations under section 198F— (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 calendar months, who has at least one qualified child normally residing with that person; ‘allowance’ means a lone parent's allowance; ‘weekly means’ means the yearly means divided by 52.

Right to allowance.

198B.— (1) Subject to this Act and to regulations made under this Act, a lone parent's allowance shall be payable to a lone parent.

Rate of allowance and increases for child dependants.

198C.— (1) The rate (in this section referred to as the ‘scheduled rate’) of lone parent's allowance 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) or (5) of that Part in respect of each qualified child who normally resides with the lone parent.

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.

Disqualifications.

198D.— (1) Except where regulations otherwise provide, a lone parent shall be disqualified for receiving an allowance (including any increase for a qualified child) for any period during which he is undergoing penal servitude, imprisonment or detention in legal custody.

Prisoners' spouses.

198E.— In the case of a person who qualifies for an allowance by virtue of being a prisoner's spouse, such allowance shall continue to be paid for a period of four weeks after the release of the prisoner from a prison or place of detention.

Regulations.

198F.— The Minister shall make regulations in relation to lone parent's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing— (a) specify the circumstances in which, for the purposes of this Chapter— (i) a person is to be regarded as being a separated spouse, (ii) a person is to be regarded as being an unmarried person, and (b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of, or regulations under, this Act.”.

Miscellaneous amendments to Principal Act for purposes of

Part III

.

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

Amendment of Fourth Schedule to Principal Act.

14.— The Principal Act is hereby amended by the substitution for Part I (inserted by section 4 of this Act) of the Fourth Schedule of the Part set out in Schedule D to this Act.

Amendment of section 3

15.—

Section 3

Commencement of

Part III

.

16.— This Part 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 of this Part.

PART IV

Carer's Allowance Carer's allowance.

17.— The Principal Act is hereby amended by the insertion after section 198F (inserted by section 12 of this Act) of the following sections: “Chapter 5B Carer's Allowance Interpretation (carer's allowance).

198G.— (1) Subject to this Act and regulations made under this Act, in this Chapter— ‘carer’ means a person who resides with and provides full-time care and attention to a relevant pensioner; ‘relevant pensioner’ means a person (other than a person in receipt of a payment in respect of need for constant attendance under section 46) who is so incapacitated as to require full-time care and attention, and who under the provisions of this Act— (a) is in receipt of— (i) old age (contributory) pension, (ii) invalidity pension, (iii) old age (non-contributory) pension, or (iv) blind pension, or (b) who has attained pensionable age and is in receipt of— (i) death benefit by way of widow's or widower's pension, (ii) death benefit by way of parent's pension, (iii) retirement pension, (iv) widow's (contributory) pension, (v) deserted wife's benefit, (vi) widow's (non-contributory) pension, (vii) deserted wife's allowance, (viii) prisoner's wife's allowance, (ix) social assistance allowance, (x) widower's (non-contributory) pension, (xi) deserted husband's allowance, or (xii) lone parent's allowance, or who is in receipt of a prescribed payment under section 69 of the Health Act, 1970 ; ‘prescribed relative allowance’ means an increase for a prescribed relative under section 50 (11), 51 (2) (a), 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1) (a), 179 (a) or under regulations applying the provisions of section 179 (a) to any pension or allowance under this Act; ‘weekly means’ means the yearly means divided by 52.

Right to carer's allowance.

198H.— Subject to this Chapter, an allowance (in this Act referred to as a ‘carer's allowance’) shall, in such circumstances and subject to such conditions as may be prescribed, be payable to a carer.

Rate of allowance.

198I.— (1) The rate (in this Chapter referred to as the scheduled rate) of carer's allowance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, where there is a qualified child or there are qualified children, by the appropriate amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the carer.

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the carer's allowance would be payable is less than £2, the allowance shall not be payable.

Payment of carer's allowance.

198J.— Notwithstanding the provisions of this Chapter, only one carer's allowance shall be payable to a carer, and only one carer's allowance shall be payable in respect of the full-time care and attention being provided to a relevant pensioner.

Entitlement to prescribed relative allowance.

198K.— (1) A prescribed relative allowance shall cease to be paid to a relevant pensioner or prescribed relative, as the case may be, where the prescribed relative becomes entitled to and receives a carer's allowance.

Regulations.

198L.—(1) The Minister shall make regulations for the purpose of giving effect to this Chapter.

Commencement of Chapter 5B.

198M.— This Chapter shall come into operation on such day as the Minister may appoint by order.”.

Consequential amendments to Principal Act.

18.— (1) Section 134 (which relates to the description of assistance) of the Principal Act is hereby amended by the insertion in subsection (1) after paragraph (l) (inserted by section 13 of this Act) of the following paragraph: “(m) carer's allowance.”.

PART V

Appeals Amendment of section 298 of Principal Act (appeals).

19.— Section 298 of the Principal Act is hereby amended by— (a) the substitution for subsection (1) (as amended by section 28 of the Social Welfare Act, 1984 ) of the following subsection: “(1) If any person is dissatisfied with the decision given by a deciding officer, the question shall, on notice of appeal being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer.”, (b) the insertion after subsection (4) of the following subsection: “(4A) Notwithstanding subsection (4), where the Minister or a person designated by him considers that the circumstances of a particular case warrant an oral hearing of the appeal, the Minister or any person so designated by him may direct the Chief Appeals Officer that the appeal be determined by way of an oral hearing.”, (c) the substitution in subsection (9) for “at which he ordinarily resides” of “at which he ordinarily resides or at his place of business”, (d) the substitution in subsection (10) of “£1,000” for “£500” (inserted by section 22 of the Act of 1988), (e) the substitution in paragraphs (a) and (b) of subsection (12) for “Minister” of “Chief Appeals Officer” in each place in which it occurs, (f) the insertion after subsection (13) of the following subsection: “(14) Where a person required to attend to give evidence or to produce documents under subsection (8) fails to attend or to produce such documents, an appeals officer may, on serving notice on that person, apply to the District Court for an order directing that person to attend or to produce such documents as required.”.

Amendment of section 299 of Principal Act.

20.— The Principal Act is hereby amended by— (a) the substitution for paragraph (a) of section 299 of the following paragraph: “(a) the Chief Appeals Officer may, where he considers it appropriate, refer the question for the decision of the High Court, and”, and (b) the insertion after section 299 of the following sections: “Other functions of Chief Appeals Officer may be prescribed.

299A.— (1) The Chief Appeals Officer shall have such other functions in relation to appeals under this Part as may be prescribed.

Annual reports by Chief Appeals Officer.

299B.— (1) As soon as may be after the end of each year, but not later than 6 months thereafter, the Chief Appeals Officer shall make a report to the Minister of his activities and the activities of the appeals officers under this Part during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

Repeal.

21.— Subsection (3) of section 297 of the Principal Act is hereby repealed.

Commencement of

Part V

.

22.— This Part shall come into operation on such day as the Minister may appoint by order.

PART VI

Dissolution of Occupational Injuries Fund and Redundancy and Employers' Insolvency Fund and Transfer of Moneys from those Funds to Social Insurance Fund Dissolution of Occupational Injuries Fund.

23.— (1) Section 67 of the Principal Act is hereby repealed.

TABLE Provision of Principal Act Amended Nature of Amendment

(1)

(2)

Section 2 (1)

The deletion of the definition of “the Occupational Injuries Fund”.

Section 4 (2)

The deletion of “(other than occupational injuries insurance)”.

Section 4 (3A) (inserted by

section 5 of the Social Welfare Act, 1984 ) The deletion of “, other than Chapter 5”.

Section 17 (3)

The deletion of “, subject to section 67 (2) (a),”.

Sections 55 (4), 57 (1), 64 (2) and 66 (3) The substitution of “Social Insurance Fund” for “Occupational Injuries Fund”.

Sections 115 (4) (a), 130 (1) and 130 (3) (a) The deletion of “or the Occupational Injuries Fund, as the case may be,” in each place where it occurs.

Sections 115 (5), 117 and 119 The deletion of “or the Occupational Injuries Fund”.

Transfer of moneys to Social Insurance Fund.

24.— (1) All moneys standing to the credit of the Occupational Injuries Fund under section 67 of the Principal Act on the 30th day of April, 1990, shall be transferred to the Social Insurance Fund on the 1st day of May, 1990.

Amendment of section 6 of Employers' Employment Contributions Scheme Act, 1981.

25.— Section 6 of the Employers' Employment Contribution Scheme Act, 1981 , is hereby amended by the substitution for subsection (6) (inserted by section 27 of the Act of 1988) of the following subsection: “(6) All moneys paid in respect of the employer's employment contribution shall be paid by the Revenue Commissioners to the Minister for Social Welfare and moneys so received by that Minister shall be paid into the Social Insurance Fund.”.

Amendment of Act of 1967.

26.— The Act of 1967 is hereby amended by— (a) the insertion in section 2 after the definition of “‘sickness’ or ‘illness’” of the following definition: “‘the Social Insurance Fund’ means the Social Insurance Fund established under section 39 of the Social Welfare Act, 1952 , and continued in being under section 122 of the Social Welfare (Consolidation) Act, 1981 ;”, (b) the substitution for section 27 (as amended by section 2 of the Act of 1979) of the following section: “Employers' redundancy contributions to be paid into Social Insurance Fund.

27.—(1) For the purpose of providing moneys for making payments which under this Act are to be made out of the Social Insurance Fund there shall be paid into that Fund contributions by employers (in this Part referred to as ‘employers’ redundancy contributions').

43.— All moneys due to the Social Insurance Fund under this Act shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute in any court of competent jurisdiction.”.

TABLE

Section 29 (1)

(inserted by section 6 of the Act of 1979).

Subsections (2) to (6) of section 32 (inserted by section 14 of the Act of 1971).

Section 40 (2)

(inserted by section 9 of the Act of 1971).

Section 56 (2)

(as amended by section 19 of the Act of 1971).

Amendment of section 15 of Act of 1971.

27.— Section 15 of the Act of 1971 is hereby amended by the substitution for subsection (4) of the following subsection: “(4) The Minister may, with the consent of the Minister for Finance, from time to time authorise the transfer of moneys from the Social Insurance Fund to any fund established under a special redundancy scheme, and any moneys transferred under this subsection shall be repayable to the Social Insurance Fund on such terms (including terms as to interest) as the Minister for Finance may determine.”.

Amendment of Act of 1984.

28.— The Act of 1984 is hereby amended by— (a) the insertion in section 1 after the definition of “relevant officer” of the following definition: “‘the Social Insurance Fund’ means the Social Insurance Fund established under section 39 of the Social Welfare Act, 1952 , and continued in being under section 122 of the Social Welfare (Consolidation) Act, 1981 ;”, and (b) the substitution for “the Redundancy and Employers' Insolvency Fund” of “the Social Insurance Fund” in sections 6 (1), 6 (3), 7 (1), 10 (4) and 17 (2).

Repeals.

29.— Section 26 and subsections (5) and (6) (inserted by section 3 of the Act of 1979) of section 28 of the Act of 1967 are hereby repealed.

Definitions (Part VI).

30.— In this Part— “the Act of 1967” means the Redundancy Payments Act, 1967 ; “the Act of 1971” means the Redundancy Payments Act, 1971 ; “the Act of 1979” means the Redundancy Payments Act, 1979 ; “the Act of 1984” means the Protection of Employees (Employers' Insolvency) Act, 1984 .

Commencement of

Part VI

.

31.— This Part (other than section 24 ) shall come into operation on the 1st day of May, 1990.

PART VII

Miscellaneous Amendments Amendment of section 22 of Principal Act (duration of payment).

32.— Section 22 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsection: “(4) Where a person has qualifying contributions in respect of not less than 260 contribution weeks on the 312th day on which benefit is paid in respect of a period of incapacity for work, and he would be entitled to disability benefit but for the fact that the contribution condition set out in subsection (1) (b) of section 19 is not satisfied, he shall be deemed to satisfy that contribution condition in respect of every subsequent day of incapacity in that period of incapacity for work.”.

Amendment of section 125 of Principal Act (payments after death).

33.— Section 125 of the Principal Act is hereby amended by the substitution for paragraph (a) (inserted by section 17 of the Social Welfare (No. 2) Act, 1987 ) of subsection (2) of the following paragraph: “(a) where a person who is in receipt of benefit which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by that person's spouse of a pension under Chapter 3 of Part III in his own right, dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall during that period be made to such person and subject to such conditions as may be prescribed, and”.

Exemption of certain payments from calculation of means.

34.— (1) Section 146 (1) (inserted by section 13 of the Social Welfare (No. 2) Act, 1985 ) of the Principal Act is hereby amended by the insertion in paragraph (b) after subparagraph (vi) of the following subparagraph: “(viA) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident, ”.

Amendment of Third Schedule to Principal Act (calculation of means).

35.— The Third Schedule to the Principal Act is hereby amended by the insertion after Rule 1 of the following Rule: “1A. Notwithstanding the provisions of this Schedule, for the purposes of an old age pension and, in the case of a person who has attained pensionable age, a widow's (non-contributory) pension or lone parent's allowance, income derived from the sale of the principal residence of the claimant or beneficiary shall not, subject to such conditions and in such circumstances and for such periods as may be prescribed, be taken into account in calculating the means of the claimant or beneficiary or, in the case of one of a married couple, the means of the spouse of the claimant or beneficiary where that spouse has attained pensionable age at the date of sale.”.

Employment contributions.

36.— (1) Section 10 (7) and paragraph (e) of section 17C (inserted by section 11 of the Act of 1988) of the Principal Act are hereby repealed.

Amendment of Part IIA of First Schedule to Principal Act.

37.— Part IIA (inserted by section 12 of the Act of 1988) of the First Schedule to the Principal Act is hereby amended by— (a) the substitution for paragraph 4 of the following paragraph: “4. An employed contributor or a person who is in receipt of a pension arising from a previous employment of his or of his spouse, in the case of either of whom the income for the contribution year does not include reckonable emoluments or in the case of reckonable income, income to which Chapter II or III of Part IV of the Income Tax Act, 1967 , applies.”, and (b) the insertion after paragraph 5 of the following paragraph: “6. A person who is regarded as not resident or not ordinarily resident in the State in accordance with the provisions of the Income Tax Acts and whose reckonable income for that year does not include income to which Chapter II or III of Part IV of the Income Tax Act, 1967 , applies.”.

Supplementary welfare allowance granted to persons in receipt of certain payments.

38.—The Principal Act is hereby amended by the insertion after section 215 of the following section: “Supplementary welfare allowance granted to persons in receipt of certain payments.

215A.— Where— (a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person and a maintenance allowance under section 69 of the Health Act, 1970 , or a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease, including any increase thereof, subsequently becomes payable to or in respect of that person in respect of the period (or part thereof) for which supplementary welfare allowance was paid, and (b) such supplementary welfare allowance is in excess of the amount which would have been granted to or in respect of such person if either of the said allowances, including any increase thereof, had been paid during such period, such excess supplementary welfare allowance shall be treated as payment on account of the said allowances.”.

Amendment of section 43 of Principal Act (assessment of disablement benefit).

39.— (1) Section 43 (9) (a) of the Principal Act is hereby amended by the insertion after “a period exceeding 7 years” of “and the extent of disablement is assessed as amounting to not less than 10 per cent. and not more than 19 per cent.”.

Amendment of section 156B (2) of Principal Act.

40.— Section 156B(2) (inserted by section 24 of the Act of 1989) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph: “(a) for persons whose weekly means do not exceed £2, at the scheduled rate, and”.

Single woman's allowance and orphan's (non-contributory) pension.

41.— (1) Section 198 of the Principal Act is hereby amended by the substitution in paragraphs (a) and (b) (inserted by section 4 of the Act of 1982) of subsection (2) of “£2” for “£1” in each place in which it occurs.

Weekly rate of family income supplement.

42.— Section 232C (inserted by section 13 of the Social Welfare Act, 1984 ) of the Principal Act is hereby amended by the substitution for subsection (3) (inserted by section 4 of the Social Welfare Act, 1986 ) of the following subsection: “(3) In calculating the weekly rate of family income supplement pursuant to subsection (1), any fraction of £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.”.

Effect of means on certain rates of pension, assistance and allowance.

43.— Notwithstanding the provisions of the Principal Act, or regulations made thereunder, in the case of a person who is in receipt of any pension, assistance or allowance under Part III of that Act and whose means exceed a prescribed amount, the Minister may by regulations, where the amount payable is not a multiple of £2, increase such amount to the next multiple of £2 in respect of such class of person or classes of persons as may be prescribed.

Offences.

44.— (1) Section 115 (1) (b) of the Principal Act is hereby amended by the insertion after “obtaining” of “or establishing entitlement to”.

Priority debts to Social Insurance Fund in a company winding-up.

45.—(1) Section 120 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection: “(2) Any sum deducted or to be deducted from such remuneration of an employee as was paid or payable prior to a winding-up under the Companies Acts, 1963 to 1986, in respect of an employment contribution due and unpaid shall not form part of the assets of a limited company in a winding-up under the Companies Acts, 1963 to 1986, and in such a winding-up a sum equal in amount to the sum so deducted or to be deducted, shall, notwithstanding anything in those Acts, be paid to the Social Insurance Fund in priority to the debts specified in section 285

Amendment of section 306A of Principal Act.

46.— (1) The Principal Act is hereby amended by the substitution for section 306A (inserted by section 12 of the Social Welfare Act, 1984 ) of the following section: “Taking of benefit and invalidity pension into account in assessing certain damages.

306A.— (1) Notwithstanding section 2 of the Civil Liability Act, 1964, and section 3 06, in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle (within the meaning of section 3 of the Road Traffic Act, 1961 ), there shall be taken into account the value of any rights arising from such injuries which have accrued, or are likely to accrue, to the injured person in respect of disability benefit (including any amount payable therewith by way of pay-related benefit) or invalidity pension under Part II for the period of 5 years beginning with the time when the cause of action accrued.

Participation in Vocational Training Opportunities Scheme.

47.— The Principal Act is hereby amended— (a) in subsection (4A) (inserted by section 19 of the Social Welfare Act, 1986 ) of section 29, by— (i) the addition to paragraph (g) (inserted by section 11 of the Social Welfare Act, 1987 ) after “Educational Opportunities Scheme,” of “or”, and (ii) the insertion after paragraph (g) of the following paragraph: “(h) participation in a scheme administered by the Department of Education and known as the Vocational Training Opportunities Scheme,”, and (b) in subsection (2A) (inserted by section 11 of the Social Welfare Act, 1985 ) of section 135, by— (i) the addition to paragraph (g) (inserted by section 11 of the Social Welfare Act, 1987 ) after “Educational Opportunities Scheme,” of “or,”, and (ii) the insertion after paragraph (g) of the following paragraph: “(h) participation in a scheme administered by the Department of Education and known as the Vocational Training Opportunities Scheme,”.

Disqualification for receipt of assistance.

48.— The Principal Act is hereby amended by— (a) the substitution of “3 months” for “six months” in each place where it occurs in paragraphs (a) and (b) of section 144 (3), (b) the substitution of “3 months” for “6 months” in subsection (2) of section 169, (c) the substitution of “3 months” for “6 months” in subsection (2) of section 188, and (d) the substitution of “3 months” for “6 months” in subsection (2) of section 231.

Increase in certain pensions and benefit when recipient reaches 80 years.

49.— The Principal Act is hereby amended by— (a) the insertion after subsection (5) of section 81 of the following subsection: “(6) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”, (b) by the insertion after subsection (5) (inserted by section 16 of the Social Welfare (Amendment) Act, 1981 ) of section 86 of the following subsection: “(6) The weekly rate of retirement pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”, (c) the insertion after subsection (3) of section 95 of the following subsection: “(4) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”, and (d) the insertion after subsection (3) of section 103 of the following subsection: “(4) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”.

Payment of death benefit by way of parent's pension.

50.— (1) Section 51 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsections: “(3) Subject to subsection (3A), the weekly rate of pension payable to a parent shall be— (a) at the reduced weekly rate, where the deceased was at death a married person, (b) at the maximum weekly rate, where the deceased was at death a widower, a widow or a single person— (i) in any case where the parent is the father and was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable, (ii) in any case where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow, or (iii) in any case where the parent is the mother, not being a widow, and a pension at the maximum weekly rate is not payable to her husband, (c) at the reduced weekly rate in any other case. (3A) Where a person, to whom the provisions of subparagraph (i) of subsection (3) (b) apply, ceases at any time to be incapable of self-support by reason of some physical or mental infirmity, the pension shall thereafter be payable at the reduced weekly rate and, if at that time the provisions of subsection (3) (b) apply to his wife, that pension shall thereafter be payable at the maximum weekly rate. (3B) In this section— ‘reduced weekly rate’ means the reduced weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 4 (b) (i) in Part I of the Second Schedule; ‘maximum weekly rate’ means the maximum weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 4 (b) (ii) in Part I of the Second Schedule. ”.

Sanction of Minister for Finance in relation to certain regulations.

51.— Section 3 (4) (a) (as amended by section 29 of the Act of 1989) of the Principal Act is hereby amended by the insertion of “10 (9),” after “7,” and of “198G (1), 198L (2) (c),” after “142 (1A)”.

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 of first and second qualified children (where payable) Increase for each qualified child in excess of two (where payable) Increase for prescribed relative under section 50 (11), 51 (2), 81 (3), 86 (3), 91 (3), 95 (2) or 103 (2) (where payable) Increase where the person has attained pensionable age and is living alone (where payable) Increase where the person has attained the age of 80 years (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

61.50 39.20 12.80 11.00 29.40 4.10 4.00 additional increase for an adult dependant who has attained pensionable age — 6.50 — — — — — 6. Invalidity Pension: (a) where the person is aged under 66 years 54.10 35.80 12.50 11.00 29.40 — — (b) where the person is aged over 66 years 55.10 35.80 12.50 11.00 29.40 4.10 — 7. Widow's (Contributory) Pension and Deserted Wife's Benefit 56.00 — 15.00 15.00 29.40 4.10 4.00 8. Orphan's (Contributory) Allowance 35.00 — — — — — —

PART II

Occupational Injuries Benefits—Gratuities and Grant £ 1. Disablement Benefit:

Maximum gratuity 5,060 2. Death Benefit: (i) Widower's gratuity 3,690 (ii) Grant in respect of funeral expenses 250

PART III

Disablement Pension Degree of disablement Weekly rate

(1)

65.30 80 ” ”

58.00 70 ” ”

50.80 60 ” ”

43.50 50 ” ”

36.30 40 ” ”

29.00 30 ” ”

21.80 20 ” ”

14.50

PART IV

Increases of Disablement Pension £ 1. Increase where the person is permanently incapable of work:

48.00 2. Increase where the beneficiary requires constant attendance: (a) limit of increase except in cases of exceptionally severe disablement— 29.40 (b) limit in any case 58.80 ”.

SCHEDULE B “Fourth Schedule Rates of Assistance

PART I

Rates of Periodical Social Assistance and Increases Thereof Description of assistance, pension or allowance Weekly rate or amount Increase for adult dependant (where payable) Increase for each of first and second qualified children (where payable) Increase for each qualified child in excess of two (where payable) Increase for prescribed relative under section 162(1)(a), 179(a), 195(2), 196(2) or 197(2) (where payable) Increase where the person has attained pensionable age and is living alone (where payable) Increase where the person has attained the age of 80 years (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

PART III

Increase of Old Age Pension for a Spouse Means of claimant or pensioner Weekly rate of increase £ Where the weekly means of the claimant or pensioner do not exceed £6 26.50 exceed £6 but do not exceed £8 25.50 exceed £8 but do not exceed £10 24.50 exceed £10 but do not exceed £12 23.50 exceed £12 but do not exceed £14 22.50 exceed £14 but do not exceed £16 21.50 exceed £16 but do not exceed £18 20.50 exceed £18 but do not exceed £20 19.50 exceed£20 but do not exceed £22 18.50 exceed £22 but do not exceed £24 17.50 exceed £24 but do not exceed £26 16.50 exceed £26 but do not exceed £28 15.50 exceed £28 but do not exceed £30 14.50 exceed £30 but do not exceed £32 13.50 exceed £32 but do not exceed £34 12.50 exceed £34 but do not exceed £36 11.50 exceed £36 but do not exceed £38 10.50 exceed £38 but do not exceed £40 9.50 exceed £40 but do not exceed £42 8.50 exceed £42 but do not exceed £44 7.50 exceed £44 but do not exceed £46 6.50 exceed £46 but do not exceed £48 5.50 exceed £48 but do not exceed £50 4.50 exceed £50 but do not exceed £52 3.50 exceed £52 but do not exceed £54 2.50 exceed £54 but do not exceed £56 1.50 exceed £56 Nil ”.

SCHEDULE C

Section 13.

Provision of Principal Act Amended Nature of Amendment

(1)

(2)

Section 125 (2) (b)

The insertion after “under section 50 or 52” of “or entitlement to lone parent's allowance by virtue of being a widow or widower”.

Section 130 (1)

The insertion after “widow's (non-contributory) pension” of “or lone parent's allowance”.

Section 130 (5) (inserted by section 27 of the Act of 1989)

The substitution for paragraph (d) of the following paragraph: “(d) lone parent's allowance under Chapter 5A of Part III,”.

Section 134 (1)

The deletion of paragraph (h) and the substitution for paragraphs (l) and (m) (inserted by section 6 of the Act of 1989) of the following paragraph: “(l) lone parent's allowance,”.

Section 178 (1) (as amended by section 3 of the Act of 1982)

The deletion of “increased, where there is a qualified child or there are qualified children, by the appropriate amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the widow”.

Section 180 (1)

The deletion of “(including any increase for a qualified child)”.

Section 180

The deletion of subsection (3).

Section 188 (3)

The deletion of “or an increase in respect of a qualified child”.

Section 190

The substitution for subsection (2) of the following subsection: “(2) The Minister may, in his discretion, from time to time, direct that a pension shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the pensioner.”.

Section 195 (1)

The substitution for paragraph (b) of the following paragraph: “(b) who is 40 years of age or over, and”.

Section 195

The deletion of subsection (3).

Section 196 (1)

The substitution for paragraph (b) of the following paragraph: “(b) who is 40 years of age or over, and”.

Section 196

The deletion of subsection (4).

Section 197

The deletion of that section.

Section 306 (1)

The insertion after “orphan's (contributory) allowance” of “, lone parent's allowance in the case of a person who qualifies for such allowance by virtue of being a widow or widower”.

Section 314 (1) (inserted by section 12 of the Act of 1989)

The substitution for the definition of “allowance” of the following definition: “‘allowance’ means deserted wife's allowance under section 195, lone parent's allowance under section 198B or supplementary welfare allowance under section 200;”, and the substitution for the definition of “competent authority” of the following definition: “‘competent authority’ in relation to deserted wife's benefit, deserted wife's, allowance and lone parent's allowance means the Minister, and in relation to supplementary welfare allowance means the health board which granted that allowance to a recipient; ”.

Rule 1 (2) of Third Schedule The insertion after “widow's or orphan's (non-contributory) pension” of “or lone parent's allowance”.

Rule 1 (2) of Third Schedule The substitution for subparagraph (b) of the following paragraph: “(b) in the case of a lone parent, an additional £100 of the capital value of the property shall be excluded in respect of each qualified child normally residing with the lone parent in respect of whom an increase of allowance is claimable, and”.

Rule 1 (3) of Third Schedule The insertion after “blind pension” of “, lone parent's allowance”.

Rule 1 (4) of Third Schedule The insertion after “widow's and orphan's (non-contributory) pensions” of “or lone parent's allowance”.

Rule 1 (4) (i) (as amended by section 18 of the Social Welfare (No. 2) Act, 1985 ) of Third Schedule The substitution of “lone parent's allowance” for “widow's (non-contributory) pension”.

Rule 4 of Third Schedule The substitution of “, 4 or 5A” for “or 4” in both places where it occurs.

Rule 5 of Third Schedule The substitution of “, 4, 5A” for “and 4”.

SCHEDULE D “Fourth Schedule Rates of Assistance

PART I

Rates of Periodical Social Assistance and Increases Thereof Description of assistance, pension or allowance Weekly rate or amount Increase for adult dependant (where payable) Increase for each of first and second qualified children (where payable) Increase for each qualified child in excess of two (where payable) Increase for prescribed relative under section 162(1)(a), 179(a), 195(2), 196(2) or 197(2) (where payable) Increase where the person has attained pensionable age and is living alone (where payable) Increase where the person has attained the age of 80 years (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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