Social Welfare Act, 1995

Social Welfare Act, 1995 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 1995 Social Welfare Act, 1995 Social Welfare Act, 1995 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 3 of 1995 SOCIAL WELFARE ACT, 1995 ARRANGEMENT OF SECTIONS

PART I

Preliminary Section

Section 1

Short title and construction.

Section 2

Definitions.

PART II

Increases

Section 3

Social insurance benefits (new rates).

Section 4

Social assistance payments (new rates).

Section 5

Child benefit (new rates, etc.).

PART III

Social Insurance Contributions

Section 6

Employment contributions (new rates of contributions and increase in earnings ceiling).

Section 7

Self-employment contributions (new rates of contributions and increase in earnings ceiling).

Section 8

Optional contributions (new rates of contributions).

Section 9

Voluntary contributions by former self-employed contributors.

Section 10

Exemption from payment of contributions.

PART IV

Miscellaneous

Section 11

Adoptive benefit.

Section 12

Carer's allowance (eligibility conditions and calculation of means).

Section 13

Maternity benefit.

Section 14

Qualified child (definition).

Section 15

Adult dependant (payment of allowances in certain circumstances).

Section 16

Unemployment assistance (rates of payment and calculation of means).

Section 17

Unemployment benefit (optional contributions— duration of payment).

Section 18

Replacement of references to “Social Employment Scheme” with “Community Employment”.

Section 19

Old age (contributory) and survivor's pensions (reckoning of employment contributions).

Section 20

Orphans' pensions (definition and rate of payment).

Section 21

Recoupment of supplementary welfare allowance.

Section 22

Disqualification from benefit while absent from State or undergoing imprisonment, etc.

Section 23

Amendments to Third Schedule of Principal Act.

PART V

Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981

Section 24

Amendment of Health Contributions Act, 1979.

Section 25

Amendment of Youth Employment Agency Act, 1981.

SCHEDULE A SCHEDULE B SCHEDULE C Number 3 of 1995 SOCIAL WELFARE ACT, 1995 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, THE HEALTH CONTRIBUTIONS ACT, 1979 , AND THE YOUTH EMPLOYMENT AGENCY ACT, 1981 . [5th April, 1995] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary Short title and construction.

1.—(1) This Act may be cited as the Social Welfare Act, 1995.

Part V

) shall be construed together as one.

Definitions.

2.—In this Act— “the Principal Act” means the Social Welfare (Consolidation) Act, 1993 ; “the Act of 1994” means the Social Welfare Act, 1994 ; “the Regulations of 1995” means the European Communities (Social Welfare) Regulations, 1995 ( S.I. No. 25 of 1995 ).

PART II

Increases Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 3 of the Act of 1994 and amended by section 13 (2) of that Act and modified by the Regulations of 1995) of the Second Schedule thereto of the Parts set out in Schedule A to this Act.

Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I and II (inserted by section 4 of the Act of 1994) of the Fourth Schedule thereto of the Parts set out in Schedule B to this Act.

Child benefit (new rates, etc.).

5.—(1) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part III (inserted by section 5 of the Act of 1994) of the following Part: “PART III Amounts of Child Benefit Amount for each of first 2 children Amount for each child in excess of 2

(1)

PART III

Social Insurance Contributions Employment contributions (new rates of contributions and increase in earnings ceiling).

6.—(1) Section 10 (1) (inserted by section 7 of the Act of 1994) of the Principal Act is hereby amended by— (a) the substitution for paragraph (b) of the following paragraph: “(b) Subject to paragraph (c) and to regulations under section 11, where in any contribution week a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable a contribution by the employed contributor at the rate of 5.5 per cent, of the amount of reckonable earnings in excess of £50 in that week in respect of each employment (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis) to which such payment relates.”, (b) the substitution in paragraph (c) of “£21,500” for “£20,900”, and (c) the substitution in paragraph (d) of “£231” for “£173” in both places where it occurs.

Self-employment contributions (new rates of contributions and increase in earnings ceiling).

7.—(1) Section 18 (1) of the Principal Act is hereby amended by— (a) the substitution in paragraph (a) of “of an amount equal to 5 per cent, of the reckonable income in excess of £520 or the amount of £230, whichever is the greater” for “of an amount equal to 5 per cent, of the reckonable income or the amount of £250, whichever is the greater”, (b) the substitution in paragraph (c) of “of an amount equal to 5 per cent, of reckonable emoluments in excess of £520 or the amount of £230, whichever is the greater” for “of an amount equal to 5 per cent, of reckonable emoluments or the amount of £250, whichever is the greater”, (c) the substitution in paragraph (d) of “£21,500” for “£20,900” (inserted by section 8 of the Act of 1994), and (d) the substitution in paragraph (h) of “£230” for “£250” in both places where it occurs.

Optional contributions (new rates of contributions).

8.—(1) Section 24B (1) (inserted by section 4 of the Social Welfare (No. 2) Act, 1993 ) is hereby amended by the insertion in paragraph (a) after “reckonable income” of “in excess of £520”.

Voluntary contributions by former self-employed contributors.

9.—(1) Section 23 of the Principal Act is hereby amended by the substitution in subsection (1) of “£230” for “£250” (inserted by section 9 of the Act of 1994).

Exemption from payment of contributions.

10.—Section 10 of the Principal Act is hereby amended by the insertion after subsection (9) (inserted by section 10 of the Act of 1994) of the following subsection: “(10) Regulations may, subject to such conditions and in such circumstances as may be prescribed, exempt an employer who employs an employee under and by virtue of a scheme administered by the Department of Social Welfare known as the Employers' Pay-Related Social Insurance Exemption Scheme, from the liability to pay the contribution specified in section 10 (1) (d) in respect of any such employee.”.

PART IV

Miscellaneous Adoptive benefit.

11.—(1) The Principal Act is hereby amended by the insertion after Chapter 8A (inserted by the Regulations of 1995) of Part II of the following Chapter: “CHAPTER 8B Adoptive Benefit Entitlement to and duration of adoptive benefit.

41G.—(1) In this Chapter, ‘adopting parent’ has the meaning assigned to it in section 2

Provided that, where the beneficiary dies, the benefit shall not be payable for any subsequent day.

Conditions for receipt.

41H.—(1) The contribution conditions for adoptive benefit are— (a) (i) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the claimant's entry into insurance and ending immediately before the relevant day, and (ii) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day, or (b) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately preceding the relevant day.

Rate of adoptive benefit.

41I.—(1) Subject to this Act, the weekly rate of adoptive benefit shall be an amount equal to— (a) 70 per cent, of the reckonable weekly earnings of the person to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or (b) the amount of disability benefit, including any increases thereof, which the person would otherwise receive if entitled to the said benefit, or (c) such amount as shall be prescribed, whichever is the greater.

Disqualification.

41J.—Regulations may provide for disqualifying an adopting parent for receiving adoptive benefit if, during the period for which the benefit is payable, the adopting parent engages in any occupation other than domestic activities in that parent's own household.”.

Carer's allowance (eligibility conditions and calculation of means).

12.—(1) Section 163 (1) (as amended by section 13 (2) of the Act of 1994) of the Principal Act is hereby amended by the substitution for the definition of “relevant pensioner” of the following definition: “‘relevant pensioner’ means a person (other than a person in receipt of an increase of disablement pension under section 57 in respect of constant attendance) who is so incapacitated as to require full-time care and attention, and who— (a) has attained pensionable age, or (b) is in receipt of— (i) invalidity pension, or a payment corresponding to invalidity pension from a Member State (other than the State), or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, (ii) blind pension, or (iii) disabled person's maintenance allowance, or (c) is in receipt of retirement pension, or who has attained the age of 65 years and is in receipt of a payment corresponding to retirement pension from a Member State (other than the State) or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, where such person was, immediately prior to the receipt of such pension, in receipt of invalidity pension or a payment corresponding to invalidity pension from a Member State (other than the State) or under such a reciprocal arrangement;”.

Maternity benefit.

13.—(1) Section 37 (as modified by the Regulations of 1995) of the Principal Act is hereby amended by— (a) the substitution for paragraph (b) of subsection (1) of the following paragraph: “(b) it is certified by her employer that she is entitled to maternity leave under section 8 of the Maternity Protection Act, 1994 , and”, (b) the substitution in subsection (2) for “the conditions set out in subsections (1) (b) and (1) (c) are not satisfied” of “the contribution conditions in section 38 are not satisfied”, (c) the substitution for subsection (3) of the following subsection: “(3) (a) Subject to this Act, where it is certified by his employer that a man, who satisfies the contribution conditions in section 38, is entitled to leave under section 16 of the Maternity Protection Act, 1994 , he shall be entitled to benefit under this Chapter as if he was a woman who was entitled to maternity leave under section 8 of the said Act and the provisions of this Chapter (other than section 40 (b)) shall apply in all respects in the case of such a man. (b) In this Act, a reference to maternity benefit shall be construed as including a reference to benefit payable to a man under this subsection.”, (d) the substitution for subsection (4) (as amended by section 6 of the Maternity Protection Act, 1994 ) of the following subsection: “(4) Subject to this Chapter, maternity benefit shall be payable to— (a) a woman, for the period of maternity leave she is entitled to under section 8 of the Maternity Protection Act, 1994 (including any extension of that period by virtue of section 12 of that Act), or (b) a man, for the period of leave he is entitled to under section 16 of the Maternity Protection Act, 1994 :

Provided that where the beneficiary dies, the benefit shall not be payable for any subsequent day.”, and (e) the substitution for subsection (7) of the following subsection: “(7) Where the employment ceases (whether due to the death of the employer or otherwise) during the period for which maternity benefit is payable in accordance with subsection (4), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.”.

Qualified child (definition).

14.—(1) Section 2 (3) (b) (as amended by section 13 of the Act of 1994) of the Principal Act is hereby amended by the substitution in clause (II) of subparagraph (iii) of “22 years” for “21 years”.

Adult dependant (payment of allowances in certain circumstances).

15.—(1) The Principal Act is hereby amended by the insertion after section 245 of the following section: “245A.—(1) Subject to subsection (2), regulations may provide for entitling to an increase of benefit or assistance (other than supplementary welfare allowance), as the case may be, payable in respect of an adult dependant, a claimant or beneficiary who would be entitled thereto but for the fact that his spouse has income in excess of a prescribed amount.

Unemployment assistance (rates of payment and calculation of means).

16.—(1) Section 121 (1) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph: “(a) in the case of a person who— (i) in any continuous period of unemployment, as construed in accordance with section 120 (3), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days, or (ii) immediately before the day for which unemployment assistance is claimed, was in receipt of lone parent's allowance, but has ceased to be entitled to such allowance by virtue of his no longer being regarded as a lone parent within the meaning of section 157 (1), the weekly rate set out in column (2) at reference l (a) in Part I of the Fourth Schedule,”.

Unemployment benefit (optional contributions— duration of payment).

17.—Section 46 (4) of the Principal Act is hereby amended by the insertion after “qualifying contributions” in paragraph (a) of “(other than optional contributions)”.

Replacement of references to “Social Employment Scheme” with “Community Employment”.

18.—The Principal Act is hereby amended by— (a) the substitution in sections 42 (5) (a), 47 (3), 50 (11), 120 (5) (a), 125 (1) (c) and paragraph 6 of Part II of the First Schedule for “the Social Employment Scheme” of “Community Employment”, (b) the deletion in section 42 (5) of paragraph (e), and (c) the deletion in section 120 (5) of paragraph (e).

Old age (contributory) and survivor's pensions (reckoning of employment contributions).

19.—(1) The Principal Act is hereby amended by the substitution for section 105 (inserted by section 11 of the Act of 1994) of the following section: “105.—(1) In the case of any claim for survivor's pension made on or after the 6th day of April, 1995, where the insurance record of a person, who, having been a self-employed contributor, is being used to establish entitlement to survivor's pension, the contribution conditions contained in section 102 shall not be regarded as having been satisfied unless, in accordance with section 18— (a) he has paid self-employment contributions in respect of at least 1 contribution year before the relevant time, and (b) all self-employment contributions payable by him have been paid.

Orphans' pensions (definition and rate of payment).

20.—(1) Section 2 (1) of the Principal Act is hereby amended by the substitution for the definition of “orphan” of the following definition: “‘orphan’ means a qualified child— (a) both of whose parents are dead, or (b) one of whose parents is dead, unknown, has abandoned or has refused or failed to provide for the child and whose other parent— (i) is unknown, or (ii) has abandoned or has refused or failed to provide for the child, where that child is not normally residing with a step-parent or with a person who is married to and living with that step-parent;”.

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

Recoupment of supplementary welfare allowance.

21.—The Principal Act is hereby amended by the insertion after section 184 of the following section: “184A.—Where— (a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person who, though entitled under the legislation of a Member State (other than the State) to a social security payment (in this section referred to as ‘the relevant payment’), is not in receipt of such payment, and (b) such supplementary welfare allowance is in excess of the amount which would have been granted to that person if he had been in receipt of the relevant payment, and (c) the health board has certified to the competent institution of the relevant Member State the amount of supplementary welfare allowance in excess of which he would have been entitled (in this section referred to as ‘the excess’) in respect of the said period by such health board, the health board may request the said institution to deduct the amount of the excess from the relevant payment.”.

Disqualification from benefit while absent from State or undergoing imprisonment, etc.

22.—(1) The Principal Act is hereby amended by the substitution for section 211 of the following section: “211.—(1) Subject to section 192, a person shall be disqualified from receiving— (a) any benefit (including any increase thereof) while that person is absent from the State or is undergoing penal servitude, imprisonment or detention in legal custody, or (b) any increase of benefit payable in respect of that person's spouse for any period during which that spouse is absent from the State or is undergoing penal servitude, imprisonment or detention in legal custody.

Amendments to Third Schedule of Principal Act.

23.—Each provision of the Third Schedule to 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).

PART V

Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981 Amendment of Health Contributions Act, 1979.

24.—(1) The Health Contributions Act, 1979 , is hereby amended by— (a) the substitution for section 7A (inserted by section 34 of the Act of 1994) of the following section: “7A.—(1) An individual referred to in section 4 shall not be liable to pay health contributions in respect of— (a) any payment on account of emoluments made in any contribution year if his reckonable income consists of emoluments only in that year and the amount of the payment does not exceed an amount equal to £178 where the period in respect of which the payment is made is a week or a corresponding amount where the period in respect of which the payment is made is greater or less than a week, (b) his reckonable income for a contribution year if such income does not consist of emoluments only and the amount of that income does not exceed £9,250 in that year, or (c) any payment made by him under or pursuant to a maintenance arrangement within the meaning of section 3 of the Finance Act, 1983 , relating to a marriage for the benefit of the other party to the marriage, unless the provisions of section 4 of that Act apply in respect of such payment.

Amendment of Youth Employment Agency Act, 1981.

25.—(1) The Youth Employment Agency Act, 1981 , is hereby amended by— (a) the substitution for section 18A (inserted by section 35 of the Act of 1994) of the following section: “18A.—(1) An individual referred to in section 15 shall not be liable to pay the levy in respect of— (a) any payment on account of emoluments made in a contribution year if his reckonable income consists of emoluments only in that year and the amount of the payment does not exceed an amount equal to £178 where the period in respect of which the payment is made is a week or a corresponding amount where the period in respect of which the payment is made is greater or less than a week, (b) his reckonable income for a contribution year if such income does not consist of emoluments only and the amount of that income does not exceed £9,250 in that year, or (c) any payment made by him under or pursuant to a maintenance arrangement within the meaning of section 3 of the Finance Act, 1983 , relating to a marriage for the benefit of the other party to the marriage, unless the provisions of section 4 of that Act apply in respect of such payment.

SCHEDULE A

Section 3

. “Second Schedule Rates of Benefits

Part I

Rates of Periodical Benefits and Increases Thereof Description of benefit Weekly rate Increase for adult dependant (where payable) Increase for each qualified child (where payable) Increase for prescribed relative under section 167 (where payable) Increase where the person has attained pensionable age and is living alone (where payable) Increase where the person has attained the age of 80 years (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

72.80 48.10 15.20 34.70 4.90 4.80 additional increase for an adult dependant who has attained pensionable age — 4.20 — — — — 4. Invalidity Pension:

64.20 42.30 15.20 34.70 4.90 4.80 additional increase for a beneficiary who has attained the age of 65 years 8.60 — — — — — 5. Survivor's Pension and Deserted Wife's Benefit 66.10 — 17.00 34.70 4.90 4.80 6. Orphan's (Contributory) Allowance 41.40 — — — — —

PART II

Occupational Injuries Benefits — Gratuities And Grant Description of Grant Amount

(1)

Maximum gratuity 5,980 2. Death Benefit: (a) Widower's gratuity 4,360 (b) Grant in respect of funeral expenses 300

PART III

Disablement Pension Degree of disablement Weekly rate

(1)

77.00 80 ” ”

68.50 70 ” ”

59.90 60 ” ”

51.40 50 ” ”

42.80 40 ” ”

34.20 30 ” ”

25.70 20 ” ”

17.10

PART IV

Increases of Disablement Pension Description of Increase Weekly Rate

(1)

SCHEDULE B

Section 4

. “Fourth Schedule Rates of Assistance

Part I

Rates of Periodical Social Assistance and Increases Thereof Description of assistance Weekly rate Increase for adult dependant (where payable) Increase for each qualified child (where payable) Increase for prescribed relative under section 167 (where payable) Increase where the person has attained pensionable age and is living alone (where payable) Increase where the person has attained the age of 80 years (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

PART II

Increase of Old Age (Non-Contributory) Pension and Blind Pension for One of a Couple Means of claimant or pensioner Weekly rate of increase £ Where the weekly means of the claimant or pensioner do not exceed £6 37.50 exceed £6 but do not exceed £8 36.50 exceed £8 but do not exceed £10 35.50 exceed £10 but do not exceed £12 34.50 exceed £12 but do not exceed £14 33.50 exceed £14 but do not exceed £16 32.50 exceed £16 but do not exceed £18 31.50 exceed £18 but do not exceed £20 30.50 exceed £20 but do not exceed £22 29.50 exceed £22 but do not exceed £24 28.50 exceed £24 but do not exceed £26 27.50 exceed £26 but do not exceed £28 26.50 exceed £28 but do not exceed £30 25.50 exceed £30 but do not exceed £32 24.50 exceed £32 but do not exceed £34 23.50 exceed £34 but do not exceed £36 22.50 exceed £36 but do not exceed £38 21.50 exceed £38 but do not exceed £40 20.50 exceed £40 but do not exceed £42 19.50 exceed £42 but do not exceed £44 18.50 exceed £44 but do not exceed £46 17.50 exceed £46 but do not exceed £48 16.50 exceed £48 but do not exceed £50 15.50 exceed £50 but do not exceed £52 14.50 exceed £52 but do not exceed £54 13.50 exceed £54 but do not exceed £56 12.50 exceed £56 but do not exceed £58 11.50 exceed £58 but do not exceed £60 10.50 exceed £60 but do not exceed £62 9.50 exceed £62 but do not exceed £64 8.50 exceed £64 but do not exceed £66 7.50 exceed £66 Nil ”.

SCHEDULE C

Section 23

.

Provision of Third Schedule Amended Nature of Amendment

(1)

Rule 1 (2) of Part I (as amended by section 18 of the Act of 1994) The deletion of subparagraph (1).

Rule 1 (1) of Part II The insertion before “the yearly value of any property” of “other than in such circumstances and subject to such conditions and for such periods as may be prescribed,”.

Rule 1 (4) of Part II (as amended by section 18 of the Act of 1994) The deletion of subparagraph (m).

Rule 5 of Part II The substitution of “lone parent's allowance or carer's allowance” for “or lone parent's allowance” in both places where it occurs.

Acts Referred to Adoptive Leave Act, 1995 1995, No. 2 Finance Act, 1983 1983, No. 15 Health Contributions Act, 1979 1979, No. 4 Maternity Protection Act, 1994 1994, No. 34 Social Welfare (Consolidation) Act, 1993 1993, No. 27 Social Welfare (No. 2) Act, 1993 1993, No. 32 Social Welfare Act, 1994 1994, No. 4 Youth Employment Agency Act, 1981 1981, No. 32 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