Social Welfare Act, 1986
What is this act about?
This law, the Social Welfare Act, 1986, updates and expands existing social welfare legislation. It primarily focuses on adjusting the rates of various social welfare benefits and contributions.
Who it applies to: Individuals receiving social insurance benefits (e.g., unemployment, disability, maternity, old age, widow's, orphan's benefits); Individuals receiving social assistance payments (e.g., unemployment assistance, deserted wife's allowance, old age pension).
Deadlines:
- Disqualification periods for disability, injury, or disablement benefit are extended from "6 weeks" to "9 weeks".
At a glance
- Country
- Ireland
- Area of law
- Family law
- Articles
- 24
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- New rates for social insurance benefits.
- New rates for social assistance payments.
- Changes to family income supplement rules.
- Adjustments to pay-related social insurance contributions and exemptions.
Who does this act apply to?
- Individuals receiving social insurance benefits (e.g., unemployment, disability, maternity, old age, widow's, orphan's benefits).
- Individuals receiving social assistance payments (e.g., unemployment assistance, deserted wife's allowance, old age pension).
- Employers, regarding social insurance contributions and exemptions.
What are the key points?
- Social insurance benefits and social assistance payments are updated with new rates, effective on various dates in May, July, and April 1986.
- The family income supplement entitlement threshold is increased from "£18" to "£20".
- The calculation for family income supplement changes from "25 per cent." to "one-third" of the difference between income and the threshold, and specific amounts for children are increased from "£8" to "£10" and "£2.50" to "£4".
- The earnings ceiling for pay-related social insurance contributions is increased to "£14,700".
- Employers participating in the Employers' Pay-Related Social Insurance Exemption Scheme may be exempt from certain contributions for additional employees from April 6, 1986, to April 5, 1987.
- Disqualification periods for disability, injury, or disablement benefit are extended from "6 weeks" to "9 weeks".
- A day of holiday leave paid by an employer will not be considered a day of incapacity for work for an insured person.
Family law
Legal text
Legal text
Social Welfare Act, 1986 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 1986 Social Welfare Act, 1986 Social Welfare Act, 1986 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 8 of 1986 SOCIAL WELFARE ACT, 1986 ARRANGEMENT OF SECTIONS Section
Section 1
Definitions.
Section 2
Social insurance benefits (new rates).
Section 3
Social assistance payments (new rates).
Section 4
Family income supplement.
Section 5
Amendment of section 73 of Principal Act (pay-related benefit).
Section 6
Pay-related social insurance contributions (increase in earnings ceiling).
Section 7
Amendment of section 65 of Principal Act (employment contributions).
Section 8
Exemption from payment of contributions etc.
Section 9
Disqualifications for disability benefit, injury benefit or disablement benefit.
Section 10
Amendment of section 18 of Principal Act (title to benefit).
Section 11
Weekly rate of maternity allowance.
Section 12
Amendment of section 39 of Principal Act (extension of meaning of references to accidents arising out of and in the course of employment).
Section 13
Amendment of section 42 of Principal Act (injury benefit).
Section 14
Amendment of section 48 of Principal Act (adjustments for successive accidents).
Section 15
Amendment of section 114 of Principal Act (inspectors).
Section 16
Amendment of section 143A of Principal Act (appointment and duties of social welfare officers).
Section 17
Child Benefit.
Section 18
Financing of health board expenditure.
Section 19
Amendment of section 29 of Principal Act.
Section 20
Evidential effect of certificate in prosecutions.
Section 21
Amendment of section 43 of Principal Act (disablement benefit).
Section 22
Restriction of provisions requiring laying of draft regulations before Houses of Oireachtas.
Section 23
Repeals.
Section 24
Short title, construction and collective citation.
SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D Acts Referred to Health Act, 1970 1970, No. 1 Health Contributions Act, 1979 1979, No. 4 Protection of Employees (Employers Insolvency) Act, 1984 1984, No. 21 Redundancy Payments Act, 1967 1967, No. 21 Redundancy Payments Act, 1979 1979, No. 7 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 Acts, 1981 to 1985 Youth Employment Agency Act, 1981 1981, No. 32 Number 8 of 1986 SOCIAL WELFARE ACT, 1986 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1985. [27th March, 1986] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definitions.
1.—In this Act— “the Act of 1984” means the Social Welfare Act, 1984 ; “the Act of 1985” means the Social Welfare Act, 1985 ; “the No. 2 Act of 1985” means the Social Welfare (No. 2) Act, 1985 ; “the Principal Act” means the Social Welfare (Consolidation) Act, 1981 .
Social insurance benefits (new rates).
2.— (1) (a) The Principal Act is hereby amended by the substitution for Parts I to V (inserted by the Act of 1985) of the Second Schedule thereto of the Parts set out in Schedule A to this Act. (b) This subsection shall come into operation— (i) in so far as it relates to unemployment benefit, on the 15th day of May, 1986, (ii) in so far as it relates to disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 19th day of May, 1986, (iii) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 22nd day of May, 1986, and (iv) in so far as it relates to death benefit under section 50, 51 or 52 of the Principal Act, old age (contributory) pension, widow's (contributory) pension and orphan's (contributory) allowance, on the 23rd day of May, 1986.
Social assistance payments (new rates).
3.—(1) The Principal Act is hereby amended by the substitution for Parts I and III (inserted by the Act of 1985) of the Fourth Schedule thereto of the Parts set out in Schedule C to this Act.
Family income supplement.
4.—(1) Section 232B (inserted by the Act of 1984) of the Principal Act (which relates to the entitlement to family income supplement) is hereby amended by the substitution for “£18” (inserted by the Act of 1985) of “£20”.
Amendment of section 73 of Principal Act (pay-related benefit).
5.—(1) Section 73 of the Principal Act is hereby amended by the substitution for “£49” (inserted by the Act of 1985) of “£58”.
Pay-related social insurance contributions (increase in earnings ceiling).
6.—(1) Section 10 (1) of the Principal Act is hereby amended by the substitution for paragraph (c) (inserted by the Act of 1985) of the following paragraph: “(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £14,700 and contributions under paragraph (b) 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 in that contribution year.”.
Amendment of section 65 of Principal Act (employment contributions).
7.—(1) Section 65 of the Principal Act is hereby amended by the substitution in subsections (2) (a) (ii) and (2) (b) for “0.4 per cent.” (inserted by the Act of 1984) of “0.43 per cent.”.
Exemption from payment of contributions etc.
8.—Any employer who, during the period commencing on the 23rd day of October, 1985, and ending on the 31st day of March, 1986, employed, 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, additional employees shall not, during the period commencing on the 6th day of April, 1986, and ending on the 5th day of April, 1987, 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
Disqualifications for disability benefit, injury benefit or disablement benefit.
9.—(1) Section 23 of the Principal Act is hereby amended by the substitution in subsection (1) for “6 weeks” of “9 weeks”.
Amendment of section 18 of Principal Act (title to benefit).
10.—Section 18 of the Principal Act is hereby amended by the insertion after subsection (4) (e) of the following paragraph: “(f) a day shall not be treated in relation to an insured person as a day of incapacity for work if, in respect of that day, the insured person is being paid by his employer in respect of holiday leave.”.
Weekly rate of maternity allowance.
11.—(1) The Principal Act is hereby amended by— (a) the substitution for section 26A (1) (inserted by the No. 2 Act of 1985) of the following subsection: “(1) Subject to subsection (2), the weekly rate of maternity allowance as specified in column (2) of Part I of the Second Schedule shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”, and (b) the insertion after section 26A of the following section: “Weekly rate of maternity allowance.
26B. (1) The weekly rate of maternity allowance payable to a woman entitled to maternity allowance under section 24
(3)
Section 75
(inserted by the Social Welfare (Amendment) Act, 1981 ) of the Principal Act is hereby repealed.
(5)
Section 74
of the Principal Act is hereby amended by the insertion after subsection (2) (inserted by the Social Welfare Act, 1983 ) of the following subsection: “(3) For the purposes of this section, any day in respect of which a person is entitled to maternity allowance under section 24 (2) (a) shall be deemed to be a day of incapacity for work in respect of which the person was entitled to pay-related benefit and any day in respect of which a person is entitled to maternity allowance under section 24 (2) (b) shall be treated as a day of incapacity for work.”.
Amendment of section 39 of Principal Act (extension of meaning of references to accidents arising out of and in the course of employment).
12.—Section 39 of the Principal Act is hereby amended by the substitution for subsection (4) of the following subsection: “(4) An accident happening to an insured person while travelling to or from his place of work shall, subject to such conditions as may be prescribed, be deemed for the purposes of this Part to arise out of and in the course of his employment.”.
Amendment of section 42 of Principal Act (injury benefit).
13.—Section 42 of the Principal Act is hereby amended by— (a) the insertion in subsection (1) for “12 days” of “4 days”, and (b) the insertion after subsection (1) of the following subsection: “(1A) For the purposes of this section, a day shall not be treated in relation to an insured person as a day of incapacity for work if, in respect of that day, the insured person is being paid by his employer in respect of holiday leave.”.
Amendment of section 48 of Principal Act (adjustments for successive accidents).
14.—Section 48 of the Principal Act is hereby amended by the substitution in subsection (1) (b) for “12 days”, in each place where those words occur, of “4 days”.
Amendment of section 114 of Principal Act (inspectors).
15.—Section 114 of the Principal Act is hereby amended by— (a) the substitution in subsection (4) (i) for “£500” of “£1,000”, and (b) the substitution in subsection (4) (ii) for “£2,000” of “£3,000”.
Amendment of section 143A of Principal Act (appointment and duties of social welfare officers).
16.—Section 143A (inserted by the Act of 1985) of the Principal Act is hereby amended by the substitution for subsection (7) of the following subsection: “(7) The premises or places liable to inspection under this section are any premises or places where a social welfare officer has reasonable grounds for believing that— (a) persons are, or have been, employed, or (b) there are, or have been, self-employed persons, and any premises or place where a social welfare officer has reasonable grounds for believing that any documents relating to persons in employment or to self-employed persons are kept.”.
Child Benefit.
17.—(1) The Principal Act is hereby amended by— (a) the substitution in the title to Part IV thereof for “CHILDREN'S ALLOWANCES” of “CHILD BENEFIT”, (b) the substitution in each of the sections specified in Schedule D to this Act for “children's allowances”, in each place where those words appear, of “child benefit”, (c) the substitution in sections 224 (4), 224 (5), 225 (2), 232 (1) (c), 300 (6) and 304 for “allowance”, in each place where that word appears, of “benefit”, (d) the substitution in section 231 (4) (b) for “an allowance” and “such allowance” of “a benefit” and “such benefit”, respectively, (e) the substitution in sections 225 (1), 225 (2) and 225 (5) for “monthly allowance” of “monthly benefit”, and (f) the substitution for Part IV (inserted by the Act of 1984) of the Fourth Schedule thereto of the following Part:— “PART IV Amounts of Child Benefit Amount for each of first five children Amount for each child in excess of five £15.05 £21.75 ”
Financing of health board expenditure.
18.—(1) Section 134 (2) of the Principal Act is hereby amended by the deletion of “, except supplementary welfare allowance,”.
Amendment of section 29 of Principal Act.
19.—Section 29 of the Principal Act is hereby amended by— (a) the substitution for subsection (4) (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 he is capable of work and is, or is deemed in accordance with regulations to be, available for employment, and is genuinely seeking, but is unable to find, employment suitable for him having regard to his age, sex, physique, education, normal occupation, place of residence and family circumstances,”, and (b) the insertion after subsection (4) of the following subsection: “(4A) Notwithstanding anything contained in subsection (4), any period, not exceeding one year in duration, of— (a) employment under a scheme administered by the Department of Labour and known as the Social Employment Scheme, or (b) participation in a scheme administered by the Department of Labour and known as the Enterprise Allowance Scheme, or (c) participation in a scheme administered by the Department of Labour and known as the Alternance Scheme, or (d) attendance at a training course provided or approved of by An Chomhairle Oiliúna, or (e) employment under a scheme administered by the Department of Labour and known as Teamwork, shall be disregarded in treating, pursuant to subsection (4) (c), any two periods of interruption of employment not separated by more than 13 weeks as one period of interruption of employment.”.
Evidential effect of certificate in prosecutions.
20.—For the purposes of the institution of proceedings under Part II, Part III Chapter 2, Part III Chapter 3, Part III Chapter 4 or Part IV of the Principal Act, a certificate certifying the following facts, namely, that a person is an officer of the Minister and that he has been authorised under a special or general direction of the Minister to institute such proceedings, or that the Minister has consented to the institution of such proceedings, shall be sufficient evidence in any legal proceedings of the matters certified in the certificate, until the contrary is shown, and sections 116, 145, 168, 188 and 231 of the Principal Act shall be construed and have effect accordingly.
Amendment of section 43 of Principal Act (disablement benefit).
21.—(1) Section 43 of the Principal Act is hereby amended by— (a) the substitution for subsection (7) (b) (inserted by the No. 2 Act of 1985) of the following paragraph: “(b) The scale prescribed for the purposes of paragraph (a) shall be the same for all persons.”, (b) the substitution for subsection (8) (inserted by the No. 2 Act of 1985) of the following subsection: “(8) Where the extent of the disablement is assessed for the period taken into account as amounting to 20 per cent. or more, disablement benefit shall be a pension (in this Chapter referred to as a disablement pension) for that period at the weekly rate set out in column (2) of Part III of the Second Schedule appropriate to the degree of disablement: Provided that where the period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date.”, and (c) the substitution for subsection (9) (b) (i) (inserted by the No. 2 Act of 1985) of the following paragraph: “(i) the scale shall be the same for all persons,”.
Restriction of provisions requiring laying of draft regulations before Houses of Oireachtas.
22.—Where the Minister revokes regulations made under section 5 (4), 5 (5), 10 (2), 12, 19 (3), 25 (2), 30 (3), 79 (6), 84 (2), 89 (3), 93 (3), 97 (2), 101 (3) or 108 (3) of the Principal Act and makes regulations which he certifies to be substantially to the like effect as the regulations so revoked, a requirement that a draft of the proposed regulations be laid before each House of the Oireachtas shall not apply.
Repeals.
23.—Section 43(10) (which relates to appeals against provisional assessment of the extent of disablement), section 47 (which relates to increase of disablement benefit during approved hospital treatment), section 56 (which relates to the limitation of benefits by pre-accident earnings) of the Principal Act and section 2 (which relates to the increase of social insurance rates) of, and the Second Schedule (which relates to rates of benefit) to, the No. 2 Act of 1985, are hereby repealed.
Short title, construction and collective citation.
24.—(1) This Act may be cited as the Social Welfare Act, 1986.
SCHEDULE A
Section 2
. “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 first qualified child (where payable) Increase for second qualified child (where payable) Increase for each of third, fourth and fifth qualified children (where payable) Increase for each qualified child in excess of five (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)
(4a)
(5)
(5a)
(6)
PART II
Occupational Injuries Benefits—Gratuities and Grant £ 1. Disablement Benefit:
Maximum gratuity in the case of persons— (i) aged under 66 years 4,200 (ii) aged over 66 years 4,280 2. Death Benefit: (i) Widower's gratuity in the case of persons— (a) aged under 66 years 3,060 (b) aged over 66 years 3,120 (ii) Grant in respect of funeral expenses 220
PART III
Disablement Pension Degree of disablement Weekly rate
(1)
54.45 55.62 80 ” ”
48.40 49.44 70 ” ”
42.35 43.26 60 ” ”
36.30 37.08 50 ” ”
30.25 30.90 40 ” ”
24.20 24.72 30 ” ”
18.15 18.54 20 ” ”
12.10 12.36
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 39.50 (b) aged over 66 years 40.30 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 24.20 (ii) aged over 66 years 24.60 (b) limit in any case where the person is— (i) aged under 66 years 48.40 (ii) aged over 66 years 49.20 ”
SCHEDULE B
Section 2.
“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 first qualified child (where payable) Increase for second qualified child (where payable) Increase for each of third, fourth and fifth qualified children (where payable) Increase for each qualified child in excess of five (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)
(4a)
(5)
(5a)
(6)
12.05 25.60 3.55 8. Orphan's (Contributory) Allowance 30.40 — — — — — — —
PART II
Occupational Injuries Benefits—Gratuities and Grant £ 1. Disablement Benefit:
Maximum gratuity in the case of persons— (i) aged under 66 years 4,370 (ii) aged over 66 years 4,450 2. Death Benefit: (i) Widower's gratuity in the case of persons— (a) aged under 66 years 3,180 (b) aged over 66 years 3,240 (ii) Grant in respect of funeral expenses 220
PART III
Disablement Pension Degree of disablement Weekly rate
(1)
56.61 57.87 80 ” ”
50.32 51.44 70 ” ”
44.03 45.01 60 ” ”
37.74 38.58 50 ” ”
31.45 32.15 40 ” ”
25.16 25.72 30 ” ”
18.87 19.29 20 ” ”
12.58 12.86
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 41.10 (b) aged over 66 years 41.90 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 25.15 (ii) aged over 66 years 25.60 (b) limit in any case where the person is— (i) aged under 66 years 50.30 (ii) aged over 66 years 51.20 ”
SCHEDULE C
Section 3.
“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 first qualified child (where payable) Increase for second qualified child (where payable) Increase for each of third, fourth and fifth qualified children (where payable) Increase for each qualified child in excess of five (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)
(4a)
(5)
(5a)
(6)
(7)
A. Persons other than those at B:
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 23.00 exceed £6 but do not exceed £8 22.00 exceed £8 but do not exceed £10 21.00 exceed £10 but do not exceed £12 20.00 exceed £12 but do not exceed £14 19.00 exceed £14 but do not exceed £16 18.00 exceed £16 but do not exceed £18 17.00 exceed £18 but do not exceed £20 16.00 exceed £20 but do not exceed £22 15.00 exceed £22 but do not exceed £24 14.00 exceed £24 but do not exceed £26 13.00 exceed £26 but do not exceed £28 12.00 exceed £28 but do not exceed £30 11.00 exceed £30 but do not exceed £32 10.00 exceed £32 but do not exceed £34 9.00 exceed £34 but do not exceed £36 8.00 exceed £36 but do not exceed £38 7.00 exceed £38 but do not exceed £40 6.00 exceed £40 but do not exceed £42 5.00 exceed £42 but do not exceed £44 4.00 exceed £44 but do not exceed £46 3.00 exceed £46 but do not exceed £48 2.00 exceed £48 Nil ”
SCHEDULE D Amendments of Principal Act
Section 17.
Section 113 (2) (b) 130 (1) (c) (iii) 146 (1) (b) (v) (as amended by the No. 2 Act of 1985).
210 (2) (a) (i) (as amended by the No. 2 Act of 1985).
223
224 (1) 224 (4) 224 (5) 225
227 (2) 227 (3) 228 229 (1) 229 (2) 229 (4) 230 (1) 230 (3) 230 (4) 230 (5) 231 (1) 231 (2) 231 (3) 231 (4) (a) 232 (1) 232 (2) 232A (c) (inserted by the Act of 1984).
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