Social Welfare (No. 2) Act, 1974

Social Welfare (No. 2) Act, 1974 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 1974 Social Welfare (No. 2) Act, 1974 Social Welfare (No. 2) Act, 1974 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 14 of 1974 SOCIAL WELFARE (No. 2) ACT, 1974 ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Old age pensions (new rates, extension of means limits, new allowances for adult dependants).

Section 3

Unemployment assistance (new rates).

Section 4

Widows' (non-contributory) pensions (new rates and extension of means limits).

Section 5

Orphans' (non-contributory) pensions (new rates and extension of means limit).

Section 6

Children's allowances (new rates).

Section 7

Old age (care) allowance (new rate).

Section 8

Single woman's allowance.

Section 9

Prisoner's wife's allowance.

Section 10

Payment of certain benefits after death.

Section 11

Reduction of qualifying age for pension purposes.

Section 12

Social insurance benefits (new rates).

Section 13

Increase of certain rates of unemployment benefit.

Section 14

Employment contributions (new rates).

Section 15

Voluntary contributions (new rates).

Section 16

Amendment of section 6 of Act of 1952 (removal of liability to pay certain contributions).

Section 17

Amendment of section 20 of Act of 1952 (maternity allowance).

Section 18

Amendment of section 22 of Act of 1952 (widow's (contributory) pension).

Section 19

Amendment of section 26 of Act of 1952 (additional benefit for adult dependants).

Section 20

Deserted wife's benefit (modification of contribution conditions).

Section 21

Occupational injuries benefits (new rates).

Section 22

Extension of disqualifications for pension under Old Age Pensions Acts, 1908 to 1974.

Section 23

Amendment of section 13 of Social Welfare (Miscellaneous Provisions) Act, 1966, consequential on section 22.

Section 24

Amendment of section 3 of Social Welfare (Pay-Related Benefit) Act, 1973.

Section 25

Further relaxation of waiting period for unemployment assistance.

Section 26

Short title, construction and collective citation.

Acts Referred to Unemployment Assistance Act, 1933 1933, No. 46 Widows' and Orphans' Pensions Act, 1935 1935, No. 29 Social Welfare Act, 1952 1952, No. 11 Social Welfare (Amendment) Act, 1960 1960, No. 25 Social Welfare (Occupational Injuries) Act, 1966 1966, No. 16 Social Welfare Act, 1970 1970, No. 12 Social Welfare Act, 1973 1973, No. 10 Social Welfare (Miscellaneous Provisions) Act, 1969 1969, No. 19 Old Age Pensions Act, 1924 1924, No. 19 Social Welfare (Children's Allowances) Act, 1952 1952, No. 12 Children's Allowances (Amendment) Act, 1946 1946, No. 8 Old Age Pensions Act, 1908 1908, c. 40 Old Age Pensions Act, 1932 1932, No. 18 Social Welfare (Miscellaneous Provisions) Act, 1964 1964, No. 28 Social Welfare (Miscellaneous Provisions) Act, 1967 1967, No. 18 Social Welfare Act, 1972 1972, No. 15 Social Welfare (Miscellaneous Provisions) Act, 1966 1966, No. 24 Social Welfare (Pay-Related Benefit) Act, 1973 1973, No. 2 Social Welfare (Miscellaneous Provisions) Act, 1960 1960, No. 28 Number 14 of 1974 SOCIAL WELFARE (No. 2) ACT, 1974 AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1974, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1974, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1974, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1974, AND THE SOCIAL WELFARE ACTS, 1952 TO 1974. [27th June, 1974] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act— “the Act of 1933” means the Unemployment Assistance Act, 1933 ; “the Act of 1935” means the Widows' and Orphans' Pensions Act, 1935 ; “the Act of 1952” means the Social Welfare Act, 1952 ; “the Act of 1960” means the Social Welfare (Amendment) Act, 1960 ; “the Act of 1966” means the Social Welfare (Occupational Injuries) Act, 1966 ; “the Act of 1970” means the Social Welfare Act, 1970 ; “the Act of 1973” means the Social Welfare Act, 1973 ; “the Minister” means the Minister for Social Welfare.

Old age pensions (new rates, extension of means limits, new allowances for adult dependants).

2.—(1) Section 77 of the Act of 1952 is hereby amended by— (a) the substitution for subsection (2) (inserted by the Act of 1973) of the following subsection: “(2) (a) A pension shall, in lieu of any other rate, be— (i) where the weekly means of the claimant or pensioner do not exceed £12.50—at the rate set out in Table A to this subsection, (ii) where the weekly means of the claimant or pensioner exceed £12.50—at the rate at which, in accordance with that Table, the pension would be payable if the weekly means of the claimant or pensioner exceeded £11.50 but did not exceed £12.50, less £1 for each amount (if any) of £1 by which those weekly means exceed £12.50, any fraction of £1 in those weekly means being treated for this purpose as £1; provided that if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50 new pence, the pension shall not be payable, (iii) where the pensioner has attained the age of 80 years—at the rate of pension payable to him in accordance with subparagraph (i) or (ii) of this paragraph plus 55 new pence, and the rate of pension so determined shall be increased, where the pensioner is one of a married couple, by the amount set out in Table B to this subsection— (A) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1974, or (B) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1974. (b) For the purposes of this subsection, weekly means shall be the yearly means divided by fifty-two.

TABLE A RATE OF PENSION Weekly Rate Means of claimant or pensioner Claimant or pensioner, no qualified child Claimant or pensioner, one qualified child Claimant or pensioner, two or more qualified children

(1)

(2)

(3)

(2)

Section 8

of the Old Age Pensions Act, 1924 (as amended by the Act of 1973) is hereby amended by the substitution of the words “five hundred and ninety-eight pounds” for “four hundred and ninety-four pounds” in subsection (1) (i).

Unemployment assistance (new rates).

3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1973) there is hereby substituted the Schedule to this section.

SCHEDULE RATES OF UNEMPLOYMENT ASSISTANCE Classes of persons to whom the rates of unemployment assistance set out in this Schedule are applicable Weekly rate of unemployment assistance applicable to persons resident in any urban area Weekly rate of unemployment assistance applicable to persons resident in any other place Person without a dependant £6·35 £6·05 Person with an adult dependant £10·95 £10·55 Person with an adult dependant and one child dependant £12·90 £12·50 Person with an adult dependant and two or more child dependants £14·85 £14·45 plus, where there are more than two child dependants, £1·50 for each child dependant in excess of two. plus, where there are more than two child dependants, £1·50 for each child dependant in excess of two.

Person with one child dependant £8·45 £8·15 Person with two or more child dependants £10·40 £10·10 plus, where there are more than two child dependants, £1·50 for each child dependant in excess of two. plus, where there are more than two child dependants, £1·50 for each child dependant in excess of two.

Widows' (non-contributory) pensions (new rates and extension of means limits).

4.—(1) Section 20 (inserted by section 105 of the Act of 1952) of the Act of 1935 is hereby amended by the substitution for subsection (1) of the following subsection: “(1) (a) A widow's (non-contributory) pension shall, subject to the provisions of this Act, be— (i) where the weekly means of the widow do not exceed £12.50—at the rate set out in Table B to this subsection, and (ii) where the weekly means of the widow exceed £12.50—at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means exceeded £11.50 but did not exceed £12.50, less £1 for each amount (if any) of £1 by which those weekly means exceed £12.50, any fraction of £1 in those weekly means being treated for this purpose as £1; provided that if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50 new pence, the pension shall not be payable. (b) For the purposes of this subsection, weekly means shall be the yearly means divided by fifty-two.

TABLE B WEEKLY RATES OF WIDOWS' (NON-CONTRIBUTORY) PENSIONS Means of Widow Widow, no qualified child Widow, one qualified child Widow, two or more qualified children

(1)

(2)

(3)

Orphans' (non-contributory) pensions (new rates and extension of means limit).

5.—(1) Section 25 (inserted by section 5 of the Act of 1973) of the Act of 1935 is hereby amended by the substitution for the Table to subsection (1) of the Table to this section.

TABLE WEEKLY RATES OF ORPHANS' (NON-CONTRIBUTORY) PENSIONS Means of Orphan Weekly Rates £ Where the weekly means of the orphan— do not exceed £1 4·75 exceed £1 but do not exceed £2 3·75 exceed £2 but do not exceed £3 2·75 exceed £3 but do not exceed £4 1·75 exceed £4 but do not exceed £5 0·75 exceed £5 No pension Children's allowances (new rates).

6.—(1)

Section 6

(inserted by section 3 of the Social Welfare (Children's Allowances) Act, 1952 ) of the Children's Allowances (Amendment) Act, 1946 , is hereby amended by the substitution for subsection (1) (inserted by section 6 of the Act of 1973) of the following subsection:— “(1) Subject to the provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1974, and of the regulations thereunder, a person who is found to be qualified for a children's allowance shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly allowance at the rate of— (a) £2.30 where he is qualified in respect of one qualified child, (b) £5.60 where he is qualified in respect of two qualified children, (c) £9.65 where he is qualified in respect of three or more qualified children, plus £4.05 in respect of each qualified child in excess of three.”.

Old age (care) allowance (new rate).

7.—(1) Section 21 (1) of the Act of 1970, which provides for old age (care) allowance, is hereby amended by the substitution of “£4.15” for “£3.50” (inserted by the Act of 1973).

Single woman's allowance.

8.—(1) An allowance (in this section referred to as a single woman's allowance) shall, subject to regulations, be paid out of moneys provided by the Oireachtas to a woman— (a) who is single, (b) who has attained the age of fifty-eight years but has not attained pensionable age, and (c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

TABLE RATE OF SINGLE WOMAN'S ALLOWANCE Means of claimant or beneficiary Weekly Rate £ Where the weekly means of the claimant or beneficiary— do not exceed £1 6·35 exceed £1 but do not exceed £2 5·35 exceed £2 but do not exceed £3 4·35 exceed £3 but do not exceed £4 3·35 exceed £4 but do not exceed £5 2·35 exceed £5 but do not exceed £6 1·35 exceed £6 but do not exceed £6·50 0·85 exceed £6·50 no allowance Prisoner's wife's allowance.

9.—(1) An allowance (in this section referred to as a prisoner's wife's allowance) shall, subject to regulations, be paid out of moneys provided by the Oireachtas to a woman— (a) whose husband, being a prisoner, has been committed in custody to a prison or place of detention for a period of not less than six calendar months, (b) who has not attained pensionable age, (c) who, if she is less than forty years of age, has at least one qualified child residing with her, and (d) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

Payment of certain benefits after death.

10.—(1) In this section “benefit” means— (a) disability benefit (including any amount payable by way of pay-related benefit where appropriate), (b) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate), (c) unemployment assistance, (d) injury benefit (including any amount payable by way of pay-related benefit where appropriate), (e) old age (contributory) pension, (f) retirement pension, (g) invalidity pension, (h) pension under the Old Age Pensions Acts, 1908 to 1974.

Reduction of qualifying age for pension purposes.

11.—(1) Each of the following provisions is hereby amended by the substitution of “sixty-eight” for “sixty-nine” (inserted by the Act of 1973) where it occurs:— (a) section 2 (1) of the Old Age Pensions Act, 1908, (b) section 6 of the Old Age Pensions Act, 1932 , (c) section 10 (3) (b) of the Act of 1933, (d) sections 21 (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1964 ), 22 (1) and 36 (a) (i) of the Act of 1935, and (e) sections 80 (2) and 81 (1) of the Act of 1952.

Social insurance benefits (new rates).

12.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1973) of the following: “PART I Rates of Periodical Benefits and of Increases Thereof Description of benefit Weekly Rate Increase for adult dependant (where payable) Increase for qualified child or for each of two qualified children (where payable) Increase for each qualified child in excess of two (where payable) Increase for adult dependant under section 26 (4) (where payable)

(1)

(2)

(3)

(4)

(5)

Increase of certain rates of unemployment benefit.

13.—(1)

Section 5

of the Social Welfare (Miscellaneous Provisions) Act, 1967 , is hereby amended by the substitution for the Table to subsection (2) (amended by the Act of 1973) of the Table to this section.

TABLE Class of Person Weekly Rate Increase for adult dependant (where payable) Increase for qualified child or for each of two qualified children (where payable) Increase for each qualified child in excess of two (where payable)

(1)

(2)

(3)

(4)

14.—(1) The Second Schedule to the Act of 1952 is hereby amended by the substitution, for the rate of contribution set out in each paragraph mentioned in column (1) of the Table to this section, of the rate set out in column (2) of that Table opposite the mention of that paragraph in column (1).

TABLE Paragraph of Second Schedule Rate of Contribution

(1)

15.—(1) Section 6 of the Act of 1952 is hereby amended by the substitution for subsection (2) (inserted by the Act of 1960) of the following subsection: “(2) Voluntary contributions shall be weekly contributions which shall be paid by voluntary contributors who are under pensionable age at the rate of— (a) £0.64 for each contribution week where, immediately before ceasing to be employed contributors, they were insurably employed in employment in respect of which the employment contributions payable are not reckonable for the purposes of old age (contributory) pension, and (b) £1.67 for each contribution week where, immediately before ceasing to be employed contributors, they were insurably employed in employment in respect of which the employment contributions payable are reckonable for the purposes of old age (contributory) pension, in the case both of male voluntary contributors and female voluntary contributors.”.

Amendment of section 6 of Act of 1952 (removal of liability to pay certain contributions).

16.—(1) Section 6 of the Act of 1952 is hereby amended by the substitution for subsection (10) (inserted by section 13 of the Act of 1973) of the following subsection: “(10) The rate of employment contribution specified in the Second Schedule to this Act as payable by the employed contributor shall not be payable in the case of an employed contributor who is in receipt of any of the following— (a) a widow's (contributory) pension, (b) a widow's (non-contributory) pension, (c) deserted wife's benefit, (d) a deserted wife's allowance, (e) death benefit by way of widow's pension under the Social Welfare (Occupational Injuries) Act, 1966 , (f) a social assistance allowance under section 8 of the Social Welfare Act, 1973 , (g) a payment corresponding to a pension under (a) or (e) of this subsection from the competent institution of a member state (other than the State) of the European Economic Community under legislation to which the regulations of the Community on the application of social security schemes to employed persons and their families moving within the Community apply.”.

Amendment of section 20 of Act of 1952 (maternity allowance).

17.—(1) Section 20 of the Act of 1952, which provides for maternity allowance, is hereby amended by the insertion after subsection (5) of the following subsection: “(6) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to a maternity allowance and, accordingly, the amount payable by way of such allowance for any other day of a week shall be one-sixth of the appropriate weekly rate.”.

Amendment of section 22 of Act of 1952 (widow's (contributory) pension).

18.—(1) Section 22 of the Act of 1952, which provides for widow's (contributory) pension, is hereby amended by the substitution for subsection (1) of the following subsection: “(1) Subject to the provision of this Act, a widow shall be entitled to a widow's (contributory) pension if the relevant contribution conditions are satisfied by her or by her husband's insurance or if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of subsection (2) or (6) of section 26 of this Act in respect of a period ending on his death.”.

Amendment of section 26 of Act of 1952 (additional benefit for adult dependants).

19.—(1) Section 26 (4) (inserted by section 8 of the Social Welfare Act, 1972 ) of the Act of 1952 is hereby amended by the substitution of the following paragraph for paragraph (a): “(a) The weekly rate of old age (contributory) pension and, in the case of a person who has attained pensionable age, of widow's (contributory) pension, retirement pension, invalidity pension or deserted wife's benefit shall be increased by the amount set out in column (6) of Part I of the Third Schedule to this Act for any period during which— (i) the beneficiary is so incapacitated as to require full-time care and attention, (ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and (iii) such conditions as may be prescribed are fulfilled.”.

Deserted wife's benefit (modification of contribution conditions).

20.—(1) The Fourth Schedule of the Act of 1952 is hereby amended by the substitution of the following paragraph for paragraph 10 (inserted by section 17 (6) of the Act of 1973): “10. Deserted Wife's Benefit.

The contribution conditions for deserted wife's benefit are— (a) that not less than one hundred and fifty-six employment contributions have been paid in respect of the husband in respect of the period beginning with his entry into insurance and ending immediately before the relevant time, and (b) that, if at the relevant time a period of four years or longer has elapsed since the husband's entry into insurance,— (i) the average per contribution year of the contributions paid in respect of or credited to him for the three contribution years, or (if warranted by his insurance record) the five contribution years, ending with the end of the last complete contribution year before the relevant time is not less than thirty-nine, or (ii) the average per contribution year of the contributions paid in respect of or credited to him in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than forty-eight, but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).

In this paragraph “relevant time” means— (i) the date of the husband's attainment of pensionable age or the date before he attained that age on which the woman is determined to have been deserted by him, or (ii) if the conditions are being satisfied on the woman's insurance record— (I) the date on which the woman is determined to have been deserted by her husband, or (II) if the woman attained pensionable age before the date on which she is determined to have been deserted by her husband, the date of her attainment of pensionable age.”.

Occupational injuries benefits (new rates).

21.—(1) The Act of 1966 is hereby amended as follows: (a) in section 8 (3) (a) “eight pounds and forty new pence” shall be substituted for “seven pounds and ten new pence” (inserted by the Act of 1973); (b) in section 8 (3) (b) “ten pounds and eighty new pence” shall be substituted for “nine pounds and ten new pence” (inserted by the Act of 1973); (c) in section 9 (7) (a) “seven hundred and forty pounds” shall be substituted for “six hundred and thirty pounds” (inserted by the Act of 1973); (d) the Table annexed to this paragraph shall be substituted for Table I annexed to section 9 (8) (as amended):— TABLE I Degree of disablement Weekly Rate £ 100 per cent 10·80 90 ” ”

9·72 80 ” ”

8·64 70 ” ”

7·56 60 ” ”

6·48 50 ” ”

5·40 40 ” ”

4·32 30 ” ”

3·24 20 ” ”

2·16 (e) the Table annexed to this paragraph shall be substituted for Table II annexed to section 9 (8) (as amended):— TABLE II Degree of disablement Weekly Rate £ 100 per cent 8·40 90 ” ”

7·56 80 ” ”

6·72 70 ” ”

5·88 60 ” ”

5·04 50 ” ”

4·20 40 ” ”

3·36 30 ” ”

2·52 20 ” ”

1·68 (f) in section 9 (9) (b) (ii) “£2.16” shall be substituted for “£1.82” and “£1.68” for “£1.42” (inserted by the Act of 1973); (g) in section 10 (1) “five pounds and five new pence” shall be substituted for “four pounds and twenty-five new pence” (inserted by the Act of 1973); (h) in section 11 (1) “two pounds and twenty new pence” shall be substituted for “one pound and eighty-five new pence” (inserted by the Act of 1973) and “one pound and eighty new pence” shall be substituted for “one pound and fifty new pence” (inserted by the Act of 1973); (i) in section 12 (1) (a) “six pounds and fifty-five new pence” shall be substituted for “five pounds and thirty-five new pence” (inserted by the Act of 1973); (j) in section 12 (1) (b) “seven pounds and seventy-five new pence” shall be substituted for “six pounds and fifty-five new pence” (inserted by the Act of 1973); (k) in section 13 (1) “£4.15” shall be substituted for “£3.50” (inserted by the Act of 1973) and “eight pounds and thirty new pence” shall be substituted for “seven pounds” (inserted by the Act of 1973); (l) in section 15 (1) (a) (i) “eight pounds and forty new pence” shall be substituted for “seven pounds and ten new pence” (inserted by the Act of 1973); (m) in section 15 (1) (a) (ii) “ten pounds and eighty new pence” shall be substituted for “nine pounds and ten new pence” (inserted by the Act of 1973); (n) in sections 17 (2) and 18 (2) “ten pounds and fifteen new pence” shall be substituted for “eight pounds and sixty new pence” (inserted by the Act of 1973); (o) in section 18 (3) “five hundred and twenty-eight pounds” shall be substituted for “four hundred and forty-seven pounds” (inserted by the Act of 1973); (p) in section 19 “two pounds and fifty-five new pence” shall be substituted for “two pounds and fifteen new pence” (inserted by the Act of 1973) in each place where it occurs; (q) in section 20 “four pounds and fifty new pence” shall be substituted for “three pounds and eighty new pence” (inserted by the Act of 1973) in each place where it occurs, and “ten pounds and fifteen new pence” shall be substituted for “eight pounds and sixty new pence” (inserted by the Act of 1973) in each place where it occurs; (r) in section 21 (2) “six pounds and five new pence” shall be substituted for “five pounds and ten new pence” (inserted by the Act of 1973); (s) in section 25 (3) (a) “one pound and sixty-eight new pence” shall be substituted for “one pound and forty-two new pence” (inserted by the Act of 1973); (t) in section 25 (3) (b) “two pounds and sixteen new pence” shall be substituted for “one pound and eighty-two new pence” (inserted by the Act of 1973); and

(u) in section 39 the following subsection shall be substituted for subsection (1): “(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964, and section 34 of the Principal Act, in an action for damages for personal injuries (including any such action arising out of a contract), there shall in assessing those damages be taken into account, against any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, the value of any rights which have accrued or probably will accrue to him therefrom in respect of injury benefit (disregarding any right in respect of injury benefit payable by virtue of section 10 of the Social Welfare (No. 2) Act, 1974, after the death of the injured person) or disablement benefit (disregarding any increase thereof under section 13 of this Act in respect of constant attendance) for the five years beginning with the time when the cause of action accrued.”.

Extension of disqualifications for pension under Old Age Pensions Acts, 1908 to 1974.

22.—(1) Section 20 of the Act of 1960, which provides for certain disqualifications for pension under the Old Age Pensions Acts, 1908 to 1974, is hereby amended by the substitution for subsection (3) of the following subsection:— “(3) A person who has attained pensionable age and is in receipt of a widow's (contributory) pension or deserted wife's benefit shall be disqualified for receiving a pension under the Old Age Pensions Acts, 1908 to 1974, in respect of any period in respect of which she is in receipt of the widow's (contributory) pension or deserted wife's benefit.”.

Amendment of section 13 of Social Welfare (Miscellaneous Provisions) Act, 1966, consequential on section 22.

23.—(1)

Section 13

of the Social Welfare (Miscellaneous Provisions) Act, 1966 (which relates to the payment of pension under the Old Age Pensions Acts, 1908 to 1974, in lieu of widow's (contributory) pension or old age (contributory) pension in certain cases) is hereby amended by the substitution for subsection (1) of the following subsection:— “(1) Where a person who has attained pensionable age is in receipt of or entitled to deserted wife's benefit, a widow's (contributory) pension or old age (contributory) pension or is a person in respect of whom an increase of the latter pension is payable by virtue of section 26 (2) of the Act of 1952, and would, but for section 20 of the Act of 1960, be qualified for the receipt of a pension under the Acts— (a) the person may, notwithstanding anything contained in the said section 20, be paid the pension under the Acts for any period during which the rate of pension payable under the Acts would be greater than the rate of deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, payable, and (b) in any case where the pension under the Acts is so paid, entitlement to deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, shall continue but the amount of any such benefit, pension or increase payable during any such period— (i) shall not be paid to or in respect of the person, and (ii) shall be paid out of the Social Insurance Fund to the Exchequer.”.

Amendment of section 3 of Social Welfare (Pay-Related Benefit) Act, 1973.

24.—(1) For the purpose of ensuring that all recipients of injury benefit under the Act of 1966, who would otherwise be in receipt of disability benefit or maternity allowance can qualify for pay-related benefit, section 3

Further relaxation of waiting period for unemployment assistance.

25.—(1)

Section 11

of the Social Welfare (Miscellaneous Provisions) Act, 1960 , which removes in certain cases the waiting period for unemployment assistance provided for by section 19 (as amended by section 96 of the Act of 1952) of the Act of 1933, is hereby amended by the substitution for “on the last week-day before” of “not earlier than twenty weeks before”.

Short title, construction and collective citation.

26.—(1) This Act may be cited as the Social Welfare (No. 2) Act, 1974.

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