Social Welfare Act, 1978

Social Welfare Act, 1978 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 1978 Social Welfare Act, 1978 Social Welfare Act, 1978 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 5 of 1978 SOCIAL WELFARE ACT, 1978 ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Old age pensions (new rates).

Section 3

Old age pensions (modification of residence condition).

Section 4

Unemployment assistance (new rates).

Section 5

Unemployment assistance (removal of special conditions applying to certain women).

Section 6

Unemployment assistance (removal of special conditions applying to certain women for entitlement to qualification certificates).

Section 7

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

Section 8

Widows' (non-contributory) pensions (removal of two-year residence condition).

Section 9

Orphan's (non-contributory) pensions (new rates).

Section 10

Single woman's allowance (new rates).

Section 11

Old age (care) allowance (new rate).

Section 12

Supplementary welfare allowance (new rates).

Section 13

Supplementary welfare allowance (extension of meaning of meaning of “adult dependant”).

Section 14

Social insurance benefits (new rates).

Section 15

Unemployment benefit (increase of certain rates).

Section 16

Extension of definition of “orphan” in Act of 1935 and Act of 1952.

Section 17

Employment contributions (new rates).

Section 18

Voluntary contributions (new rates).

Section 19

Occupational injuries (new rates of benefits and contributions).

Section 20

Occupational injuries (special increase for pensioners living alone).

Section 21

Power to pay old age pension pending certain decisions, on determination of social welfare officer.

Section 22

Removal of power to recover old age pension overpayments by deduction from payments due to another person.

Section 23

Short title, construction and collective citation.

Number 5 of 1978 SOCIAL WELFARE ACT, 1978 AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1977, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1977, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1977, AND THE SOCIAL WELFARE ACTS, 1952 TO 1977. [21st March, 1978] 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 1961” means the Social Welfare (Miscellaneous Provisions) Act, 1961 ; “the Act of 1962” means the Social Welfare (Miscellaneous Provisions) Act, 1962 ; “the Act of 1965” means the Social Welfare (Miscellaneous Provisions) Act, 1965 ; “the Act of 1966” means the Social Welfare (Occupational Injuries) Act, 1966 ; “the Act of 1969” means the Social Welfare (Miscellaneous Provisions) Act, 1969 ; “the Act of 1975” means the Social Welfare Act, 1975 ; “the Act of 1976” means the Social Welfare Act, 1976 ; “the Act of 1977” means the Social Welfare Act, 1977 ; “the Regulations of 1977” means the Social Welfare (Variation of Rates of Payments) Regulations, 1977 (S.I. No. 313 of 1977).

Old age pensions (new rates).

2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution for subsection (2) (inserted by the Act of 1977 as varied by the Regulations of 1977) 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 £16—at the rate set out in Table A to this subsection, (ii) where the weekly means of the claimant or pensioner exceed £16—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 £15 but did not exceed £16, less £1.40 for each amount (if any) of £1 by which those weekly means exceed £16, 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 £1.05, 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 1978, 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 1978. (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)

Old age pensions (modification of residence condition).

3.—The Old Age Pensions Act, 1932 , is hereby amended by the substitution of the following for section 2 (1) (inserted by the Social Welfare (No. 2) Act, 1976 ): “(1) In lieu of the second statutory condition contained in paragraph (2) (repealed by this Act) of section 2 of the Act of 1908, it is hereby enacted that it shall be a condition for the receipt of an old age pension by any person that he shall satisfy the pension authorities that he has had his residence in the State for an aggregate period of not less than 15 years.”.

Unemployment assistance (new rates).

4.—(1) In the Act of 1933, Schedule A to this section is hereby substituted for the Schedule to that Act inserted by the Act of 1977 as varied by the Regulations of 1977.

SCHEDULE A 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 £11.75 £11.35 Person with an adult dependant £20.30 £19.70 Person with an adult dependant and one child dependant £23.95 £23.35 Person with an adult dependant and two or more child dependants £27.60 £27.00 plus, where there are more than two child dependants, £2.75 for each child dependant in excess of two. plus, where there are more than two child dependants, £2.75 for each child dependant in excess of two.

Person with one child dependant £15.55 £15.15 Person with two or more child dependants £19.20 £18.80 plus, where there are more than two child dependants, £2.75 for each child dependant in excess of two. plus, where there are more than two child dependants, £2.75 for each child dependant in excess of two.

SCHEDULE B 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 £9.80 £9.40 Person with an adult dependant £16.90 £16.40 Person with an adult dependant and one child dependant £19.90 £19.40 Person with an adult dependant and two or more child dependants £22.90 £22.40 plus, where there are more than two child dependants, £2.30 for each child dependant in excess of two. plus, where there are more than two child dependants, £2.30 for each child dependant in excess of two.

Person with one child dependant £12.95 £12.55 Person with two or more child dependants £15.95 £15.55 plus, where there are more than two child dependants, £2.30 for each child dependant in excess of two. plus, where there are more than two child dependants, £2.30 for each child dependant in excess of two.

Unemployment assistance (removal of special conditions applying to certain women).

5.—(1) Section 15 (1) of the Act of 1933 is hereby amended by the deletion of paragraph (f).

Unemployment assistance (removal of special conditions applying to certain women for entitlement to qualification certificates).

6.—Section 10 (3) of the Act of 1933 is hereby amended by the deletion of paragraphs (e) and (f).

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

7.—(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 1977) as varied by the Regulations of 1977: “(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 £16—at the rate set out in Table B to this subsection, and (ii) where the weekly means of the widow exceed £16—at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means exceeded £15 but did not exceed £16, less £1.40 for each amount (if any) of £1 by which those weekly means exceed £16, 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)

Widows' (non-contributory) pensions (removal of two-year residence condition).

8.—(1) Section 29 (3) of the Act of 1935, as amended by the Act of 1961, is hereby repealed.

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

9.—(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 1977 as varied by the Regulations of 1977) 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 8.85 exceed £1 but do not exceed £2 7.40 exceed £2 but do not exceed £3 5.90 exceed £3 but do not exceed £4 4.45 exceed £4 but do not exceed £5 3.00 exceed £5 but do not exceed £6 1.50 exceed £6 no pension Single woman's allowance (new rates).

10.—(1)

Section 8

of the Social Welfare (No. 2) Act, 1974 , is hereby amended by the substitution for the Table to that section (inserted by the Act of 1977 as varied by the Regulations of 1977) 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 11.75 exceed £1 but do not exceed £2 10.35 exceed £2 but do not exceed £3 8.95 exceed £3 but do not exceed £4 7.55 exceed £4 but do not exceed £5 6.15 exceed £5 but do not exceed £6 4.75 exceed £6 but do not exceed £7 3.35 exceed £7 but do not exceed £8 1.95 exceed £8 but do not exceed £9 0.55 exceed £9 no allowance Old age (care) allowance (new rate).

11.—(1)

Section 21

Supplementary welfare allowance (new rates).

12.—(1) The weekly amounts payable under section 10 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975 , and set out in the Table to subsection (1) of that section, as varied by the Social Welfare (Variation of Rates of Supplementary Welfare Allowance) (No. 2) Regulations, 1977 (S.I. No. 318 of 1977), shall be the amounts set out in the Table to this section.

TABLE Weekly Amounts of Supplementary Welfare Allowance Classes of persons to whom the amounts of supplementary welfare allowance are applicable Weekly amount of supplementary welfare allowance

(1)

Person with one child dependant £15.15 Person with two or more child dependants £18.80 plus, where there are more than two child dependants, £2.75 for each child dependant in excess of two.

Supplementary welfare allowance (extension of meaning of “adult dependant”).

13.—(1) The following is hereby substituted for paragraph (c) of section 10

Social insurance benefits (new rates).

14.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1977 as varied by the Regulations of 1977) 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)

(1)

Unemployment benefit (increase of certain rates).

15.—(1)

Section 5

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)

16.—(1) Section 3 (1) of the Act of 1935 and section 2 (1) of the Act of 1952 are hereby amended by the addition to the definition of “orphan” (inserted in the Act of 1935 by the Act of 1952) of the following— “or (c) a qualified child whose mother died while deserted wife's allowance or deserted wife's benefit under the Social Welfare Acts, 1952 to 1978, was payable to her and whose father does not wholly or mainly maintain him;”.

Employment contributions (new rates).

17.—(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 3rd day of April, 1978.

TABLE Paragraph of Second Schedule Rate of Contribution

(1)

TABLE Paragraph of Second Schedule Rate of Contribution

(1)

18.—(1) Section 6 of the Act of 1952 is hereby amended by the substitution for subsection (2) (inserted by the Act of 1977) 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, in the case both of male voluntary contributors and female voluntary contributors, of— (a) £1.46 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) £3.76 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.”.

Occupational injuries (new rates of benefits and contributions).

19.—(1) Each rate (inserted by the Act of 1977 as varied by the Regulations of 1977) of occupational injuries benefit in the Act of 1966 mentioned in column (1) of the Table to this section 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 (3) (b) £20.10 £1,260.00 ” ”

9 (7) (a) £1,390.00 £18.30 in Table I to section 9

(1)

11

12

13

15

15

17

18

19 in each place where it occurs £4.90 £7.60 ” ”

20 ” ” ” ” ” ” £8.35 £17.15 ” ” ” ” ” ” ” ” ” £18.85 £10.30 ” ”

21

22 in each place where it occurs £115.00 £2.86 ” ”

25

25

20.—(1) Section 20 (1) of the Act of 1977 is hereby amended by the substitution of “£1.10” for “£1”.

Power to pay old age pension pending certain decisions, on determination of social welfare officer.

21.—Notwithstanding anything in the Old Age Pensions Acts, 1908 to 1978, where a social welfare officer is of the opinion that the statutory conditions for the receipt of old age pension are fulfilled, such pension may be paid at a rate specified by the officer without prejudice to any subsequent decision relating to that pension (or to the rate of the pension) by a local pension committee or by an appeals officer.

Removal of power to recover old age pension overpayments by deduction from payments due to another person.

22.—Section 20 of the Act of 1961, which provides for the recovery of amounts of old age pension overpaid by deduction from payments due to other persons, is hereby repealed.

Short title, construction and collective citation.

23.—(1) This Act may be cited as the Social Welfare Act, 1978.

Acts Referred to Old Age Pensions Act, 1908 1908, c. 40.

Old Age Pensions Act, 1932 1932, No. 18 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 (Miscellaneous Provisions) Act, 1960 1960, No. 28.

Social Welfare (Miscellaneous Provisions) Act, 1961 1961, No. 22.

Social Welfare (Miscellaneous Provisions) Act, 1962 1962, No. 17.

Social Welfare (Miscellaneous Provisions) Act, 1965 1965, No. 20.

Social Welfare (Occupational Injuries) Act, 1966 1966, No. 16.

Income Tax Act, 1967 1967, No. 6.

Social Welfare (Miscellaneous Provisions) Act, 1967 1967, No. 18.

Social Welfare (Miscellaneous Provisions) Act, 1969 1969, No. 19.

Social Welfare Act, 1970 1970, No. 12.

Finance Act, 1972 1972, No. 19.

Social Welfare Act, 1973 1973, No. 10.

Social Welfare (No. 2) Act, 1974 1974, No. 14.

Social Welfare Act, 1975 1975, No. 1.

Social Welfare (Supplementary Welfare Allowances) Act, 1975 1975, No. 28.

Social Welfare Act, 1976 1976, No. 6.

Social Welfare (No. 2) Act, 1976 1976, No. 28.

Social Welfare Act, 1977 1977, No. 3.

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