Social Welfare Act, 1976

Social Welfare Act, 1976 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 1976 Social Welfare Act, 1976 Social Welfare Act, 1976 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 6 of 1976 SOCIAL WELFARE ACT, 1976 ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Old age pensions (new rates).

Section 3

Unemployment assistance (new rates).

Section 4

Amendment of section 8 of Social Welfare (Miscellaneous Provisions) Act, 1965.

Section 5

Widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (new rates).

Section 6

Orphans' (non-contributory) pensions (new rates).

Section 7

Single woman's allowance (new rates).

Section 8

Old age (care) allowance (new rate).

Section 9

Social insurance benefits (new rates).

Section 10

Increase of certain rates of unemployment benefit.

Section 11

Extension of period of unemployment benefit.

Section 12

Amendments of Social Welfare (Pay-Related Benefit) Act, 1973.

Section 13

Employment contributions (new rates).

Section 14

Voluntary contributions (new rates).

Section 15

Voluntary contributions (new rates for certain persons).

Section 16

Occupational injuries benefits (new rates and contributions).

Section 17

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

Section 18

Amendment of section 27 of Act of 1952 (increases of benefit—qualified children).

Section 19

Amendment of section 20 of Act of 1935 (rates of widows' (non-contriburory) pensions).

Section 20

Short title, construction and collective citation.

Acts Referred to Social Welfare Act, 1952 1952, No. 11 Social Welfare (Occupational Injuries) Act, 1966 1966, No. 16 Social Welfare (Miscellaneous Provisions) Act, 1967 1967, No. 18 Social Welfare Act, 1975 1975, No. 1 Social Welfare (Miscellaneous Provisions) Act, 1969 1969, No. 19 Social Welfare (Miscellaneous Provisions) Act, 1965 1965, No. 20 Social Welfare (Miscellaneous Provisions) Act, 1962 1962, No. 17 Social Welfare Act, 1973 1973, No. 10 Social Welfare (No. 2) Act, 1974 1974, No. 14 Social Welfare Act, 1970 1970, No. 12 Social Welfare (Pay-Related Benefit) Act, 1973 1973, No. 2 Social Welfare (Miscellaneous Provisions) Act, 1963 1963, No. 26 Unemployment Assistance Act, 1933 1933, No. 46 Widows' and Orphans' Pensions Act, 1935 1935, No. 29 Number 6 of 1976 SOCIAL WELFARE ACT, 1976 AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1975, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1975, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1975 AND THE SOCIAL WELFARE ACTS, 1952 TO 1975. [29th March, 1976] 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 1966” means the Social Welfare (Occupational Injuries) Act, 1966 ; “the Act of 1967” means the Social Welfare (Miscellaneous Provisions) Act, 1967 ; “the Act of 1975” means the Social Welfare Act, 1975 ; “the Regulations of 1975” means the Social Welfare (Variation of Rates of Payment) Regulations, 1975 ( S.I. No. 215 of 1975 ).

Old age pensions (new rates).

2.—(1) Section 77 of the Act of 1952 is hereby amended by— (a) the substitution for subsection (2) (inserted by the Act of 1975) 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 £15—at the rate set out in Table A to this subsection, (ii) where the weekly means of the claimant or pensioner exceed £15—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 £14 but did not exceed £15, less £1.10 for each amount (if any) of £1 by which those weekly means exceed £15, 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 80 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 1976, 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 1976. (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)

Unemployment assistance (new rates).

3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1975), 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 £8·90 £8·55 Person with an adult dependant £15·35 £14·90 Person with an adult dependant and one child dependant £18·10 £17·65 Person with an adult dependant and two or more child dependants £20·85 £20·40 plus, where there are more than two child dependants, £2·10 for each child dependant in excess of two. plus, where there are more than two child dependants, £2·10 for each child dependant in excess of two.

Person with one child dependant £11·80 £11·45 Person with two or more child dependants £14·55 £14·20 plus, where there are more than two child dependants, £2·10 for each child dependant in excess of two. plus, where there are more than two child dependants, £2·10 for each child dependant in excess of two.

Amendment of section 8 of Social Welfare (Miscellaneous Provisions) Act, 1965.

4.—(1)

Section 8

of the Social Welfare (Miscellaneous Provisions) Act, 1965 , is hereby amended by the substitution for subsections (1) and (2) of the following subsections : “(1) Subject to the provisions of sections 9 and 10 of this Act, the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) of this section from the use of land which is personally used or enjoyed by the person shall, for the purposes of section 13 (1) (c) of the Act of 1933, be deemed to be an amount calculated— (a) at the rate of £20 for every pound of the rateable valuation of the land in any case where the valuation does not exceed £15 and at a proportionate rate for any portion of a pound of the valuation, (b) at the rate of £30 for every pound of the rateable valuation of the land in any case where the valuation exceeds £15 but does not exceed £20 and at a proportionate rate for any portion of a pound of the valuation, (c) at the rate of £40 for every pound of the rateable valuation of the land in any case where the valuation exceeds £20 and at a proportionate rate for any portion of a pound of the valuation.

Widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (new rates).

5.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by the substitution of the following subsection for subsection (1) (inserted by the Act of 1975): “(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 £15—at the rate set out in Table B to this subsection, and (ii) where the weekly means of the widow exceed £15—at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means exceeded £14 but did not exceed £15, less £1.10 for each amount (if any) of £1 by which those weekly means exceed £15, 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).

6.—(1)

Section 25

(inserted by the Social Welfare Act, 1973 ) of the Act of 1935 is hereby amended by the substitution for the Table (inserted by the Act of 1975) 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 6·65 exceed £1 but do not exceed £2 5·55 exceed £2 but do not exceed £3 4·45 exceed £3 but do not exceed £4 3·35 exceed £4 but do not exceed £5 2·25 exceed £5 but do not exceed £6 1·15 exceed £6 No pension Single woman's allowance (new rates).

7.—(1)

Section 8

of the Social Welfare (No. 2) Act, 1974 is hereby amended by the substitution for the Table thereto (inserted by the Act of 1975) of the Table to this section.

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 8·90 exceed £1 but do not exceed £2 7·80 exceed £2 but do not exceed £3 6·70 exceed £3 but do not exceed £4 5·60 exceed £4 but do not exceed £5 4·50 exceed £5 but do not exceed £6 3·40 exceed £6 but do not exceed £7 2·30 exceed £7 but do not exceed £8 1·20 exceed £8 No allowance Old age (care) allowance (new rate).

8.—(1)

Section 21

Social insurance benefits (new rates).

9.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1975) of the following Part: “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.

10.—(1) Section 5 of the Act of 1967 is hereby amended by the substitution for the Table (inserted by the Act of 1975) to subsection (2) 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)

11.—(1) Section 5 of the Act of 1967 is hereby amended by the substitution for subsections (1) and (4) of the following subsections, respectively: “(1) Section 16 (2) of the Act of 1952 shall, in respect of a person who is over the age of eighteen years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “three hundred and ninety days” were substituted for “one hundred and fifty-six days”.

Amendments of Social Welfare (Pay-Related Benefit) Act, 1973.

12.—(1) Section 3 of the Act of 1973 is hereby amended by the substitution of the following subsection for subsection (2) (inserted by the Social Welfare (Pay-Related Benefit) Act, 1975): “(2) In any period of interruption of employment a person shall not be entitled to pay-related benefit in respect of any day of incapacity for work after the three hundred and ninety-third day of incapacity for work in that period or in respect of any day of unemployment after the three hundred and ninety-third day of unemployment in that period.”.

Employment contributions (new rates).

13.—(1) (a) The Second Schedule to the Act of 1952 is hereby amended by the substitution, for the rate of contribution specified in each paragraph mentioned in column (1) of the Table to this subsection, of the rate specified in column (2) of that Table opposite that mention in column (1). (b) This subsection shall come into operation on the 5th day of April, 1976.

TABLE Paragraph of Second Schedule Rate of Contribution

(1)

TABLE Paragraph of Second Schedule Rate of Contribution

(1)

14.—(1) Section 6 of the Act of 1952 is hereby amended by the substitution for subsection (2) (inserted by the Act of 1975) 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) £1.10 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) £2.83 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 of both male voluntary contributors and female voluntary contributors.”

Voluntary contributions (new rates for certain persons).

15.—(1) The weekly rate of voluntary contribution payable by a person to whom section 17 of the Act of 1975 applies shall be £1.73 in the case both of male voluntary contributors and of female voluntary contributors.

Occupational injuries benefits (new rates and contributions).

16.—(1) Each rate (inserted by the Regulations of 1975) of occupational injuries benefit in the Act of 1966 mentioned in column (1) of the Table to this subsection is hereby increased by the substitution for that rate of the rate specified in column (2) of that Table opposite that mention in column (1).

TABLE Rate of occupational injuries benefit in the Act of 1966 Increased rate

(1)

8

9

11

12

12

13

15(1) (a) (i) £11·90 £13·80 ” ”

15(1) (a) (ii) £15·20 £12·95 ” ”

17

(18)

18

19 in each place where it occurs £3·70 £5·75 ” ”

20 ” ” ” ” ” ” £6·35 £12·95 ” ” ” ” ” ” ” ” ” £14·25 £7·75 ” ”

21

25

25

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

17.—(1) Section 26 of the Act of 1952 is hereby amended by the substitution for subsection (3) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1963 ) of the following subsection :— “(3) (a) Subject to the provisions of the Social Welfare Acts, 1952 to 1976, on the death of a woman to whom an old age (contributory) pension or retirement pension was payable at an increased weekly rate by virtue of this section in respect of a period ending on such death, her husband shall be entitled to benefit the weekly rate of which is equal to the rate of widow's (contributory) pension, including increases in respect of qualified children where appropriate, which would be payable to him under the provisions of this Act if he were a widow. (b) Benefit under this subsection shall not be payable for any period after the remarriage of the person to whom it had been payable, or for any period after he ceased to be incapable of self-support by reason of some physical or mental infirmity. (c) A man shall be disqualified for receiving benefit under this subsection if and so long as he and any other person are cohabiting as man and wife. (d) Where, but for the provisions of this paragraph, benefit under this subsection and old age (contributory) pension or retirement pension would be payable to a person in respect of any period— (i) benefit under this subsection shall not be payable in respect of that period unless the rate thereof is greater than the rate of the pension, and (ii) the pension shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of benefit under this subsection.”.

Amendment of section 27 of Act of 1952 (increases of benefit—qualified children).

18.—(1) The Act of 1952 is hereby amended by the substitution for section 27 of the following section : “27. The weekly rate of disability benefit, unemployment benefit, old age (contributory) pension, invalidity pension, retirement pension, deserted wife's benefit or widow's (contributory) pension shall be increased by the amount set out in column (4) of Part I of the Third Schedule to this Act in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.”.

Amendment of section 20 of Act of 1935 (rates of widows' (non-contributory) pensions).

19.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by the substitution for subsection (4) of the following subsection. “(4) In applying Table B to subsection (1) of this section— (a) columns (1) and (3) shall have effect in a case where there is one qualified child only who normally resides with the widow; (b) columns (1) and (4) shall have effect in a case where there are two or more qualified children who normally reside with the widow; (c) columns (1) and (2) shall have effect in any other case.”.

Short title, construction and collective citation.

20.—(1) This Act may be cited as the Social Welfare Act, 1976.

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