Social Welfare Act, 1989

Social Welfare Act, 1989 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 1989 Social Welfare Act, 1989 Social Welfare Act, 1989 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 4 of 1989 SOCIAL WELFARE ACT, 1989 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

Widower’s (non-contributory) pension and deserted husband’s allowance.

Section 7

Definition of “qualified child”.

Section 8

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

Section 9

Self-employment contributions (increase in earnings ceiling).

Section 10

Pay-related benefit.

Section 11

Discontinuance of non-urban rates of unemployment assistance.

PART III

Liability to Maintain Family

Section 12

Insertion of Part X in Principal Act (Liability to maintain family), repeals.

Section 13

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

PART IV

Miscellaneous Amendments

Section 14

Option of claiming benefit or assistance in certain circumstances.

Section 15

Payments by a health board in respect of children boarded out to be exempt from calculation of means.

Section 16

Regulations to enable persons to be appointed to receive and deal with benefit or assistance.

Section 17

Amendment of Part I of First Schedule to Principal Act (employments for the purposes of section 5 of Principal Act).

Section 18

Garda Síochána to be covered under occupational injuries insurance.

Section 19

Notification by employer etc. of commencement of employment.

Section 20

Evidence of records, computer readouts, photocopies, microfilms and copies of original documents in proceedings.

Section 21

Records of employees produced to inspectors to be prima facie evidence.

Section 22

Employers to reimburse Minister for benefit etc. falsely obtained through collusion.

Section 23

Regulations under section 17D of Principal Act.

Section 24

Pre-retirement allowance.

Section 25

Amendment of section 79 (12) of Principal Act (conditions for receipt of old age (contributory) pension).

Section 26

Application of the provisions of the Principal Act, etc. by regulations.

Section 27

Overlapping benefits.

Section 28

Amendment of section 29 (4) (title to benefit) and section 138 (1) (b) (statutory conditions for assistance) of Principal Act.

Section 29

Sanction of Minister for Finance in relation to certain regulations.

Section 30

Prescribed relative allowance may by regulations be paid directly to prescribed relative.

Section 31

Disqualification for receipt of benefit.

SCHEDULE A SCHEDULE B Acts Referred to Central Bank Act, 1971 1971, No. 24 Family Law (Maintenance of Spouses and Children) Act, 1976 1976, No. 11 Garda Síochána (Compensation) Acts, 1941 and 1945 Housing (Private Rented Dwellings) Act, 1982 1982, No. 6 National Archives Act, 1986 1986, No. 11 Social Welfare Act, 1973 1973, No. 10 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. 3 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 (No. 2) Act, 1987 1987, No. 29 Social Welfare Act, 1988 1988, No. 7 Social Welfare Acts, 1981 to 1988 Status of Children Act, 1987 1987, No. 26 Number 4 of 1989 SOCIAL WELFARE ACT, 1989 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1988, AND THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 . [26th March, 1989] 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, 1989.

Definitions.

2.—In this Act— “the Act of 1988” means the Social Welfare Act, 1988 ; “the Principal Act” means the Social Welfare (Consolidation) Act, 1981 ; “the Social Welfare Acts” means the Principal Act and every enactment, whether passed before or after this Act, which is to be construed with it as one Act.

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 1988) 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 1988) of the Fourth Schedule thereto of the Parts set out in Schedule B to this Act.

Child benefit.

5.—(1) Section 225 of the Principal Act is hereby amended by the substitution for subsection (1) (inserted by section 3

Part IV

(inserted by section 17 of the Social Welfare Act, 1986 ) 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)

Widower’s (non-contributory) pension and deserted husband’s allowance.

6.—(1) The Principal Act is hereby amended— (a) by the insertion after section 198 of the following section: “Chapter 5A Allowances for Certain Men Widower’s (non-contributory) pension.

198A.—(1) A widower’s (non-contributory) pension shall, subject to regulations, be paid to a widower who has at least one qualified child residing with him and who satisfies the conditions as to means for entitlement to widow’s (non-contributory) pension under Chapter 4 of Part III.

198B.—(1) A deserted husband’s allowance shall, subject to regulations, be paid to a man who— (a) has been deserted by his wife, (b) has at least one qualified child residing with him, and (c) satisfies the conditions as to means for entitlement to a widow’s (non-contributory) pension under Chapter 4 of Part III.

Definition of “qualified child”.

7.—(1) Section 2 (1) of the Principal Act is hereby amended by the substitution for the definition of “qualified child” 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) and 161 (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 19 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 and 198B— (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).

8.—(1) Section 10 of the Principal Act is hereby amended— (a) by the substitution in paragraph (b) of subsection (1) of “paragraphs (c), (cc) and (d)” for “paragraphs (c) and (d)”, (b) by the substitution for paragraph (c) (inserted by section 6 of the Act of 1988) of subsection (1) of the following paragraphs: “(c) Where in a particular contribution year an employed contributor’s reckonable earnings have amounted to the sum of £18,000 and contributions under paragraph (b) (ii) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor by his employer in that contribution year. (cc) Where in a particular contribution year an employed contributor’s reckonable earnings have amounted to the sum of £16,700 and contributions under paragraph (b) (i) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor by the employed contributor in that contribution year.”, (c) by the substitution in paragraph (a) of subsection (2) of “sums” for “sum” and “paragraphs (c) and (cc) of subsection (1)” for “subsection (1) (c)” and the said paragraph (a) as so amended is set out in the Table to this subsection, and (d) by the substitution for paragraph (b) of subsection (2) of the following paragraph: “(b) When making regulations under this subsection to vary the sum specified in subsection (1) (cc) the Minister shall take into account any changes in the average earnings of workers in the transportable goods industries so recorded by the Central Statistics Office since the date by reference to which the sum specified in subsection (1) (cc) was last determined.”.

TABLE (a) The Minister may by regulations vary the sums specified in paragraphs (c) and (cc) of subsection (1) and such variation shall take effect from the beginning of the contribution year following that in which the regulations are made.

Self-employment contributions (increase in earnings ceiling).

9.—(1) Section 17C (d) (inserted by section 11 of the Act of 1988) of the Principal Act is hereby amended by the substitution of “£16,700” for “£16,200”.

Pay-related benefit.

10.—(1) Section 73 (as amended by section 8 of the Act of 1988) of the Principal Act is hereby amended by the substitution for “£66” of “£69”.

Discontinuance of non-urban rates of unemployment assistance.

11.—(1) The following provisions of the Principal Act are hereby repealed— (a) subsections (3) and (4) of section 135, (b) section 155, and (c) section 156.

PART III

Liability to Maintain Family Insertion of Part X in Principal Act (Liability to maintain family), repeals.

12.—(1) The Principal Act is hereby amended by the insertion after Part IX of the following Part: “PART X Liability to Maintain Family Interpretation.

314.—(1) In this Part— ‘the Act of 1976’ means the Family Law (Maintenance of Spouses and Children) Act, 1976 (as amended or extended by any subsequent enactment whether passed before or after this Act); ‘allowance’ means deserted wife’s allowance under section 195, supplementary welfare allowance under section 200 or deserted husband’s allowance under section 198B; ‘benefit’ means deserted wife’s benefit under section 100; ‘competent authority’ in relation to deserted wife’s benefit, deserted wife’s allowance, and deserted husband’s allowance means the Minister and in relation to supplementary welfare allowance means the health board which granted that allowance to a recipient; ‘order of the Court’ means a maintenance order, a lump sum order, an attachment of earnings order, a variation order or an interim order, under the Act of 1976.

Liability to maintain family.

315.—For the purposes of sections 100, 195, 200 and 198B and without prejudice to any obligations imposed by law or otherwise, the following provisions shall have effect, that is to say— (a) a man shall be liable to maintain— (i) his wife, and (ii) any child of his, being a child who is under the age of 18 years or (save for the purposes of section 200) who is of or over that age and under the age of 21 years and is receiving full time education or instruction by day at any university, college, school or other educational establishment, and (b) a woman shall be liable to maintain— (i) her husband, and (ii) any child of hers, being a child who is under the age of 18 years or (save for the purposes of section 200) who is of or over that age and under the age of 21 years and is receiving full time education or instruction by day at any university, college, school or other educational establishment.

Contribution towards benefit or allowance.

316.—(1) Where a benefit or allowance is paid to any recipient, every person who is liable to maintain that recipient or to maintain any child in respect of whom an increase in such benefit or allowance is granted, shall be liable to contribute to the competent authority such amount as that authority may determine to be appropriate towards such benefit or allowance.

Payments under order of Court to offset contributions.

317.— Where an order of the Court has been granted to a person who is in receipt of a benefit or allowance, the payments made under that order shall offset either in whole or part, as the competent authority may determine, contributions due by the person liable to contribute pursuant to section 316 (1) to such benefit or allowance.

Recipient of benefit or allowance to transfer to competent authority payments under order of Court.

318.—(1) Subject to subsection (2), a person who is in receipt of a benefit or allowance shall be liable to transfer to the competent authority payments made to that person in compliance with an order of the Court.

Investigations by social welfare officers or health boards.

319.— (1) A social welfare officer authorised in that behalf by the Minister shall investigate into and report to the Minister upon any question arising on or in relation to any benefit or allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require a person liable to contribute under section 316 (1) or any employer of any such person to furnish him with such information and to produce to him for inspection such documents relating to that person as he may reasonably require.

Commencement of Part X.

320.— This Part shall come into operation on such day or days as may be fixed by order or orders of the Minister either generally or with reference to one or more of the sections of this Part and different days may be so fixed for each, or part of each, of those sections.”.

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

13.—(1) The Family Law (Maintenance of Spouses and Children) Act, 1976 , is hereby amended by the insertion— (a) in section 3 (1) of the following definitions: “‘allowance’ means deserted wife’s allowance under section 195, supplementary welfare allowance under section 200 or deserted husband’s allowance under Section 198B of the Social Welfare (Consolidation) Act, 1981 ; ‘benefit’ means deserted wife’s benefit under section 100 of the Social Welfare (Consolidation) Act, 1981 ; ‘competent authority’ has the meaning assigned to it by section 314 of the Social Welfare (Consolidation) Act, 1981 ;”, (b) in section 5 (4) (a) after “under statute” of “with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of any dependent children granted to either parent of such children”, (c) in section 5A (inserted by section 18 of the Status of Children Act, 1987 ) after “under statute” of “with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of any dependent children granted to either parent of such children”, (d) in section 9 (4) after “maintenance creditor” of “or, where appropriate, to the competent authority”, (e) in section 10 (2) (a) after “under the relevant antecedent order” of “or, where appropriate, to the competent authority”, (f) in section 10 (2) (b) after “transmission to that person” of “or, where appropriate, to the competent authority”, and (g) in section 12 after “those payments” of “or, where appropriate, to the competent authority”.

PART IV

Miscellaneous Amendments Option of claiming benefit or assistance in certain circumstances.

14.—(1) Section 142 of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsection: “(1A) Notwithstanding subsection (1), regulations may provide, subject to such conditions as may be prescribed, that a person who is in receipt of or entitled to unemployment benefit under Part II shall not be disqualified for receiving unemployment assistance:

Provided that any such regulations shall not cause a person to receive both unemployment benefit and unemployment assistance or to receive both unemployment assistance and pay-related benefit in respect of the same day or days.”.

Payments by a health board in respect of children boarded out to be exempt from calculation of means.

15.—(1) Section 146 (1) (b) (as amended by section 13 of the Social Welfare (No. 2) Act, 1985 ) of the Principal Act is hereby amended by the insertion after subparagraph (xi) of the following subparagraph: “(xiA) payments by a health board in respect of a child who is boarded out,”.

(2)

Section 210

Regulations to enable persons to be appointed to receive and deal with benefit or assistance.

16.—Section 112 of the Principal Act is hereby amended by the substitution for paragraph (b) of subsection (3) of the following paragraph— “(b) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary— (i) in respect of disability benefit, unemployment benefit, old age (contributory) pension, retirement pension or invalidity pension so much of the benefit or pension as the Minister considers reasonable in the circumstances:

Provided that in no case shall the amount to be dealt with in this manner exceed the total amount payable less the amount payable by virtue of sections 21 (1), 32 (1), 81 (1), 86 (1) or 91 (1), as appropriate, (ii) in respect of a widow’s (contributory) pension, so much of the pension as is payable by virtue of section 95 (1), (iii) in respect of injury benefit or disablement pension so much of the benefit or pension as the Minister considers reasonable in the circumstances:

Provided that in no case shall the amount to be dealt with in this manner exceed the total amount payable less the amount payable by virtue of section 44 (1),”.

Amendment of Part I of First Schedule to Principal Act (employments for the purposes of section 5 of Principal Act).

17.—Part I of the First Schedule to the Principal Act is hereby amended by the insertion after paragraph 13 (inserted by section 7 of the Social Welfare Act, 1985 ) of the following paragraph: “14. Employment by An Post as a sub-postmaster remunerated by scale payment.”.

Garda Síochána to be covered under occupational injuries insurance.

18.—(1) Section 38 (3) of the Principal Act is hereby amended by the deletion of paragraph (e) (which excluded a member of the Garda Síochána from coverage under occupational injuries insurance).

Notification by employer etc. of commencement of employment.

19.—Section 15A (inserted by section 2 of the Social Welfare (No. 2) Act, 1987 ) of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “(1) The Minister may require— (a) an employer or any other person to notify him of the date of the commencement of the employment of— (i) any person in his employment, (ii) any person engaged by him under a contract for service to perform a service, or (b) a person engaged under a contract for service to perform a service to notify him of the date on which any person was engaged to perform that service either with him or on his behalf whether under a contract for service or under any other arrangements made or to be made by him.”.

Evidence of records, computer readouts, photocopies, microfilms and copies of original documents in proceedings.

20.—(1) In this section— “copy record” means any copy of an original record being a record made for the purposes of or in connection with the Social Welfare Acts or regulations made thereunder or schemes administered by the Department of Social Welfare or a copy of that copy made in accordance with either of the methods referred to in subsection (2) of this section and accompanied by the certificate referred to in subsection (3) of this section; “original record” means any document, record, or record of an entry in a document or record or information stored by means of any mechanical or electronic device, whether or not in a legible form, which was made or stored by the Minister or a specified agency for the purposes of or in connection with the Social Welfare Acts or regulations made thereunder or schemes administered by the Department of Social Welfare at the time of or shortly after the event recorded and which is in the possession of the Minister or a specified agency; “provable record” means an original record or a copy record; “specified agency” means An Post or a person authorised to carry on banking business under section 9 of the Central Bank Act, 1971 .

Provided that any authorisation required by the National Archives Act, 1986 , for such destruction has been granted.

Provided that the court is satisfied of the reliability of the system used to make or compile, in the case of an original record, that record, and in the case of a copy record, the original on which it was based.

Provided that the court is satisfied— (a) of the reliability of the system used to compile or make and keep such records, (b) that, if the event had happened, a record would have been made of it, and (c) that the system is such that the only reasonable explanation for the absence of a record is that the event did not happen.

Records of employees produced to inspectors to be prima facie evidence.

21.—Section 114 of the Principal Act (which relates to inspectors) is hereby amended by the insertion after subsection (7) of the following subsection: “(8) Records of persons employed which an employer is obliged to maintain under regulations made under section 15 (5) which are produced to an inspector shall be prima facie evidence that those persons were employed by that employer and of the earnings of such persons and of the periods during which such persons were employed by him.”.

Employers to reimburse Minister for benefit etc. falsely obtained through collusion.

22.—(1) Where a person is convicted of an offence under paragraph (b) or (c) (inserted by section 17 of the Social Welfare Act, 1983 ) of subsection (1) of section 115 of the Principal Act or under subsection (1) or (2) (inserted by section 19 of the Social Welfare Act, 1983 ) of section 144 of that Act, and by reason of that offence any benefit, assistance or family income supplement was received by an employee of his which he was not entitled to receive, such person shall be liable to pay to the Minister on demand a sum not exceeding the amount of such benefit, assistance or supplement which by reason of the said offence was paid to that employee while in his employment and that sum, if not so repaid, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

Regulations under section 17D of Principal Act.

23.—Section 17D (inserted by section 11 of the Act of 1988) of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection: “(2A) The Minister may by regulations specify circumstances in which contributions payable by a self-employed contributor may be treated as paid.”.

Pre-retirement allowance.

24.—(1) The Principal Act is hereby amended— (a) by the deletion of paragraph (d) of section 156A (inserted by section 28 (b) of the Act of 1988), and (b) by the substitution for section 156B (inserted by the said section 28 (b)) of the following section: “156B.—(1) Subject to subsection (2) the rate of preretirement allowance (in this Chapter referred to as the scheduled rate) shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by— (a) the amount set out in column (3) of that Part for any period during which the applicant or recipient has an adult dependant, subject to the restriction that the applicant or recipient 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) or (5) of that Part in respect of each qualified child who normally resides with the applicant or recipient.

Amendment of section 79 (12) of Principal Act (conditions for receipt of old age (contributory) pension).

25.—Section 79 (12) (inserted by section 30 (a) of the Act of 1988) of the Principal Act is hereby amended by the substitution for “became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973 .” of “became, as a consequence and at the time of the coming into operation of section 12 of the Social Welfare Act, 1973 , an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were payable.”.

Application of the provisions of the Principal Act, etc. by regulations.

26.—(1) In the case of any section of the Principal Act which confers powers on the Minister to apply by regulations any provisions of that Act to matters referred to in that section, such powers shall be deemed to include powers to apply any provisions of any enactment, whether passed before or after this Act, which amends or extends the Principal Act.

Overlapping benefits.

27.—(1) Section 130 of the Principal Act is hereby amended by the insertion after subsection (4) (inserted by section 15 of the Social Welfare Act, 1984 ) of the following subsection: “(5) Where a woman who has attained pensionable age would, but for this subsection, be entitled in respect of any period to— (a) a widow’s (non-contributory) pension under section 177, (b) a deserted wife’s allowance under section 195, (c) a prisoner’s wife’s allowance under section 196, or (d) a social assistance allowance under section 197, and either an old age (contributory) pension under section 78 or an old age (non-contributory) pension under section 158, only one such pension or allowance shall be payable.”.

Amendment of section 29 (4) (title to benefit) and section 138 (1) (b) (statutory conditions for assistance) of Principal Act.

28.—(1) Section 29 (4) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph: “(a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day— (i) he is capable of work, (ii) he is, or by reason of his participation in an activity prescribed for the purposes of this subsection and subject to such conditions as may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and (iii) he is genuinely seeking, but is unable to obtain, employment suitable for him having regard to his age, sex, physique, education, normal occupation, place of residence and family circumstances,”.

Sanction of Minister for Finance in relation to certain regulations.

29.—Section 3 (4) (a) of the Principal Act is hereby amended by the insertion of “29 (4),” after “19(4),” and of “138 (1), 142 (1A),” after “133,”.

Prescribed relative allowance may by regulations be paid directly to prescribed relative.

30.—Section 112 of the Principal Act (which relates to the administration of benefit) is hereby amended by the insertion in subsection (3) after paragraph (c) of the following paragraph: “(d) notwithstanding any other provision of this Act, or regulations made thereunder, for enabling the increase for a prescribed relative payable under section 50 (11), 51 (2), 81 (3), 86 (3), 91 (3), 95 (2) or 103 (2), subject to such conditions and in such circumstances as may be prescribed, to be paid directly to the prescribed relative.”.

Disqualification for receipt of benefit.

31.—Section 115 (1) (as amended by section 21 of the Act of 1988) of the Principal Act is hereby amended by the substitution in subparagraph (i) of paragraph (f) of “3 months” for “6 months”.

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 dependent (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)

(1)

(2)

(3)

(4)

(5)

(6)

PART II

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

Maximum gratuity in the case of persons— (i) aged under 66 years 4,780 (ii) aged over 66 years 4,860 2. Death Benefit: (i) Widower's gratuity in the case of persons— (a) aged under 66 years 3,480 (b) aged over 66 years 3,540 (ii) Grant in respect of funeral expenses 240

PART III

Disablement Pension Degree of disablement Weekly rate

(1)

61.88 63.23 80 ” ”

55.00 56.20 70 ” ”

48.13 49.18 60 ” ”

41.25 42.15 50 ” ”

34.38 35.13 40 ” ”

27.50 28.10 30 ” ”

20.63 21.08 20 ” ”

13.75 14.05

PART IV

Increases of Disablement Pension £ 1. Increase where the person is permanently incapable of work: in the case of persons— (a) aged under 66 years 45.00 (b) aged over 66 years 45.80 2. Increase where the beneficiary requires constant attendance: (a) limit of increase except in cases of exceptionally severe disablement where the person is— (i) aged under 66 years 27.50 (ii) aged over 66 years 28.00 (b) limit in any case where the person is— (i) aged under 66 years 55.00 (ii) aged over 66 years 56.00 ”.

SCHEDULE B

Section 4

. “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 25.10 exceed £6 but do not exceed £8 24.10 exceed £8 but do not exceed £10 23.10 exceed £10 but do not exceed £12 22.10 exceed £12 but do not exceed £14 21.10 exceed £14 but do not exceed £16 20.10 exceed £16 but do not exceed £18 19.10 exceed £18 but do not exceed £20 18.10 exceed £20 but do not exceed £22 17.10 exceed £22 but do not exceed £24 16.10 exceed £24 but do not exceed £26 15.10 exceed £26 but do not exceed £28 14.10 exceed £28 but do not exceed £30 13.10 exceed £30 but do not exceed £32 12.10 exceed £32 but do not exceed £34 11.10 exceed £34 but do not exceed £36 10.10 exceed £36 but do not exceed £38 9.10 exceed £38 but do not exceed £40 8.10 exceed £40 but do not exceed £42 7.10 exceed £42 but do not exceed £44 6.10 exceed £44 but do not exceed £46 5.10 exceed £46 but do not exceed £48 4.10 exceed £48 but do not exceed £50 3.10 exceed £50 but do not exceed £52 2.10 exceed £52 but do not exceed £54 1.10 exceed £54 Nil ”.

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