Social Welfare Act, 1982
What is this act about?
This law, the Social Welfare Act, 1982, updates and expands the Social Welfare (Consolidation) Act, 1981, primarily by introducing new rates for various social welfare payments and benefits. It adjusts the financial support provided for social insurance, social assistance, and children's allowances.
Who it applies to: Beneficiaries of social insurance payments, such as disability benefit, unemployment benefit, and various pensions; Recipients of social assistance payments, including old age pension, widow's (non-contributory) pension, and children's allowances.
At a glance
- Country
- Ireland
- Area of law
- Banking, insurance and financial markets
- Articles
- 11
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- New rates for social insurance benefits.
- New rates for social assistance payments and children's allowances.
- A revised method for calculating certain pensions and allowances.
- New rates for pay-related social insurance contributions.
Who does this act apply to?
- Beneficiaries of social insurance payments, such as disability benefit, unemployment benefit, and various pensions.
- Recipients of social assistance payments, including old age pension, widow's (non-contributory) pension, and children's allowances.
What are the key points?
- The Act amends the Principal Act (Social Welfare (Consolidation) Act, 1981) by substituting new Schedules for the Second and Fourth Schedules, which contain the updated rates.
- Weekly rates for various benefits (e.g., disability, unemployment, injury, old age contributory, retirement, invalidity, widow's contributory, deserted wife's benefit) are increased for each qualified child residing with the beneficiary.
- Weekly rates for social assistance payments (e.g., unemployment assistance, old age pension, widow's non-contributory pension) are also increased for each qualified child.
- Children's allowances are set at a monthly rate for the first five qualified children and an additional amount for each child in excess of five.
- For certain pensions and allowances, if weekly means exceed £6, the scheduled rate is reduced by £2 for each £2 by which those means exceed £6, with any fraction of £2 treated as £2.
Banking, insurance and financial markets
Banking, insurance and financial markets
Legal text
Legal text
Social Welfare Act, 1982 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 1982 Social Welfare Act, 1982 Social Welfare Act, 1982 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 2 of 1982 SOCIAL WELFARE ACT, 1982 ARRANGEMENT OF SECTIONS Section
Section 1
Definitions.
Section 2
Social insurance benefits (new rates).
Section 3
Social assistance payments and children's allowances (new rates).
Section 4
Revised method of calculating certain pensions and allowances.
Section 5
Pay-related social insurance contributions (new rates).
Section 6
Amendment of Rule 1 (4) of Third Schedule to Principal Act (rules as to calculation of means).
Section 7
Increase for certain invalidity pensioners.
Section 8
Amendment of section 136 (3) of Principal Act (unemployment assistance qualification certificates).
Section 9
Amendment of section 308 of Principal Act (temporary increases of rates of benefit or assistance).
Section 10
Miscellaneous amendments of Principal Act.
Section 11
Short title, construction and collective citation.
SCHEDULE A SCHEDULE B Acts Referred to Social Welfare (Amendment) Act, 1981 1981, No. 3 Social Welfare (Consolidation) Act, 1981 1981, No. 1 Number 2 of 1982 SOCIAL WELFARE ACT, 1982 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1981 . [29th March, 1982].
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definitions.
1.—In this Act— “the Amendment Act of 1981” means the Social Welfare (Amendment) Act, 1981 ; “the Principal Act” means the Social Welfare (Consolidation) Act, 1981 .
Social insurance benefits (new rates).
2.—(1) The Principal Act (as amended by the Amendment Act of 1981 and varied by the Social Welfare (Variation of Rates of Payments) Regulations, 1981 ( S.I. No. 312 of 1981 )) is hereby amended by the substitution for the Second Schedule to that Act of the Schedule set out in Schedule A to this Act.
Social assistance payments and children's allowances (new rates).
3.—(1) The Principal Act (as amended by the Amendment Act of 1981 and varied by the Social Welfare (Variation of Rates of Payments) Regulations, 1981 ( S.I. No. 312 of 1981 )) is hereby amended by the substitution for the Fourth Schedule to that Act of the Schedule set out in Schedule B to this Act.
Revised method of calculating certain pensions and allowances.
4.—(1) Sections 161 (2) and 178 (2) of the Principal Act are hereby amended by the substitution of the following paragraph for paragraph (b): “(b) where such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2: 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.”.
Pay-related social insurance contributions (new rates).
5.—(1) Section 10 (1) of the Principal Act (as amended by the Amendment Act of 1981) is hereby amended by the substitution of the following paragraphs for paragraphs (b) and (c): “(b) Subject to paragraphs (c) and (d) of this subsection, to subsection (7) and to regulations under section 7, where in any contribution year 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 an employment contribution comprising— (i) a contribution by the employed contributor at the rate of 5.5 per cent., and (ii) a contribution by his employer at the rate of 11.3 per cent., of the amount of the reckonable earnings to which such payment relates. (c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £9,500 and contributions under paragraph (b) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor in that contribution year.”.
Amendment of Rule 1(4) of Third Schedule to Principal Act (rules as to calculation of means).
6.—Rule 1(4) of the Third Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (i): “(i) in the case of a person who is not a blind person, and who has a qualified child or qualified children who normally resides or reside with him, all earnings derived by him from his personal exertions except and in so far as the annual amount of such earnings is calculated to exceed £104 (or for the purposes of widow's (non-contributory) pension, £312) for each such child.”.
Increase for certain invalidity pensioners.
7.—(1) Section 91 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (3): “(3) The weekly rate of invalidity pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which— (i) the beneficiary is so incapacitated as to require fulltime 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.”.
Amendment of Section 136 (3) of Principal Act (unemployment assistance qualification certificates).
8.—Section 136(3) of the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (d): “(d) in the case of a married woman either— (i) that her husband is a dependant of her, or (ii) that she is not a dependant of her husband.”.
Amendment of section 308 of Principal Act (temporary increases of rates of benefit or assistance).
9.—Section 308 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1): “(1) Notwithstanding anything in this Act or in any regulations made under this Act, the Minister may by regulations increase temporarily or vary all or any of the rates of benefit, allowance, pension or assistance.”.
Miscellaneous amendments of Principal Act.
10.—Each provision of the Principal Act mentioned in column (1) of the Table to this section is hereby amended in the manner stated in column (2) of that Table opposite the mention of that provision in column (1).
TABLE Provision Amended Nature of Amendment
(1)
(2)
Section 2 (1)
The substitution in the definition of “adult dependant” of the following paragraph for paragraph (c): “(c) a female person over the age of 16 years being wholly or mainly maintained by that person and having the care of one or more than one qualified child who normally resides with that person where that person is— (i) a single person, or (ii) a widow, or (iii) a widower, or (iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person's spouse;”
Section 3 (4) (a)
The deletion of “16,”.
Section 132 (3)
The substitution of “section 15” for “section 14”.
Short title, construction and collective citation.
11.—(1) This Act may be cited as the Social Welfare Act, 1982.
SCHEDULE A
Section 2
. “Second Schedule Rates of Benefits
PART I
Rates of Periodical Benefits and Increases Thereof [1952, Sch. 3] Description of benefit Weekly rate Increase for adult dependent (where payable) Increase for first qualified child (where payable) Increase for second qualified child (where payable) Increase for each of third, fourth and fifth qualified children (where payable) Increase for each of qualified child in excess of five (where payable) Increase for prescribed relative under section 50(11), 51(2), 81(3), 86(3), 91(3), 95(2), or 103(2) (Where payable) Increase Where the person has attained pensionable age and is living alone (Where payable)
(1)
(2)
(3)
(4)
(4a)
(5)
(5a)
(6)
Section 33.
(B) Reduced rates of Unemployment Benefit: (a) Person entitled to an increase in respect of a qualified child but not entitled to an increase in respect of an adult dependent 26.55 — 6.55 7.45 5.80 4.65 — — (b) any other person 26.25 18.95 6.55 7.45 5.80 4.65 — —
Section 26.
Sections 80, 81, 85 and 86. (a) in the case of person under the age of 80 years 40.25 25.70 8.30 9.20 7.65 6.25 19.30 2.70 (b) in any other case 43.05 25.70 8.30 9.20 7.65 6.25 19.30 2.70 (c) additional increase for an adult dependant who has attained pensionable age — 4.35 — — — — — — 6. Invalidity Pension:
Sections 90 and 91. (a) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband, or a married woman entitled to an increase for a qualified child or qualified children or for a husband, where the person is:— (i) aged under 66 35.50 23.05 8.15 9.00 7.45 6.05 19.30 — (ii) aged over 66 36.20 23.50 8.30 9.20 7.65 6.25 19.30 2.70 (b) for any other married women (i) aged under 66 31.25 — — — — — 19.30 — (ii) aged over 66 31.80 — — — — — 19.30 2.70 7. Widow's (Contributory) Pension and Deserted Wife's Benefit in the case of person:
Sections 94, 95, 102 and 103. (a) aged under 66 36.25 — 9.75 10.65 10.65 9.25 — — (b) aged between 66 and 80 36.95 — 9.95 10.80 10.80 9.40 19.30 2.70 (c) aged over 80 39.45 — 9.95 10.80 10.80 9.40 19.30 2.70 8. Orphan's (Contributory) Allowance 22.90 — — — — — — —
Section 98.
PART II
Occupational Injuries Benefits—Gratuities and Grant £
Section 43 (7) (a)
Maximum gratuity in the case of person :— (i) aged under 66 3,285 (ii) aged over 66 3,355 2. Death Benefit:
Section 50 (7)
(i) Widower's gratuity in the case of person :— (a) aged under 66 2,395 (b) aged over 66 2,445
Section 53 (2)
(ii) Grant in respect of funeral expenses 220
PART III
Disablement Pension
Section 43 (8).
Degree of disablement Weekly rate (persons over the age of 18 years) Weekly rate (persons under the age of 18 years and certain married women)
(1)
(2)
PART IV
Increases of Disablement Pension Sections 45 and 46. £ 1. Increase where the person is permanently incapable of work: (a) in the case of persons over the age of 18 years— (i) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband, or a married woman entitled to an increase for a qualified child or qualified children or for a husband, where the person is— (a) aged under 66 31.65 (b) aged over 66 32.25 (ii) for any other married women— (a) aged under 66 27.80 (b) aged over 66 28.40 (b) in the case of person under the age of 18 years— (i) where the person is entitled to an increase for a qualified child or qualified children or for an adult dependant 31.65 (ii) where the person is not so entitled 27.80 2. Increase where the beneficiary requires constant attendance: (a) limit of increase except in cases of exceptionally severe disablement where the person is— (i) aged under 66 18.95 (ii) aged over 66 19.30 (b) limit in any case where the person is— (i) aged under 66 37.90 (ii) aged over 66 38.65
PART V
Reduced Rates of Injury Benefit and Disablement Pension
Section 56.
£ (a) In the case of persons over the age of 18 years— (i) for a man, single women or widow, married women living apart from and unable to obtain any financial assistance from her husband, or a married woman entitled to an increase for a qualified child or qualified children or for a husband where the person is— (a) aged under 66 9.48 (b) aged over 66 9.68 (ii) for any other married women— (a) aged under 66 7.50 (b) aged over 66 7.66 (b) In the case of persons under the age of 18 years— (i) where the person is entitled to an increase for a qualified child or for an adult dependant or, if a disablement pension is payable would be so entitled if injury benefit rather than disablement pension was payable 9.48 (ii) where the person, is not, or would not be, so entitled 7.50
PART VI
[1978, s. 14(3); 1980, s. 15] Amounts of Maternity and Death Grants Description of grant Amount
(1)
SCHEDULE B
Section 3
. [1980, s. 2] “Fourth Schedule Rates of Assistance
PART I
Rates of Periodical Social Assistance and Increases Thereof Description of assistance, pension or allowance Weekly rate or amount Increase for adult dependant (where payable) Increase for first qualified child (where payable) Increase for second qualified child (where payable) Increase for each of third, fourth and fifth qualified children (where payable) Increase for each qualified child in excess of five (where payable) Increase for prescribed relative under section 162(1)(a), 179(a), 195(2), 196(2) or 197(2) (where payable) Increase where the person has attained pensionable age and is living alone (where payable) Increase where the person has attained the age of 80 years (where payable)
(1)
(2)
(3)
(4)
(4a)
(5)
(5a)
(6)
(7)
Section 139.
A. persons other than those at B:
Section 198 (2).
Section 208.
(a) Persons other than those at (b) 25.45 18.50 6.55 7.45 5.80 4.65 — — — (b) Persons without an adult dependant and with one or more child dependants 25.80 — 6.55 7.45 5.80 4.65 — — —
PART III
Increase of Old Age Pension for a Spouse
Section 162 (1) (d).
Means of claimant or pensioner Weekly rate of increase £ Where the weekly means of the claimant or pensioner do not exceed £6 17.30 exceed £6 but do not exceed £8 16.30 exceed £8 but do not exceed £10 15.30 exceed £10 but do not exceed £12 14.30 exceed £12 but do not exceed £14 13.30 exceed £14 but do not exceed £16 12.30 exceed £16 but do not exceed £18 11.30 exceed £18 but do not exceed £20 10.30 exceed £20 but do not exceed £22 9.30 exceed £22 but do not exceed £24 8.30 exceed £24 but do not exceed £26 7.30 exceed £26 but do not exceed £28 6.30 exceed £28 but do not exceed £30 5.30 exceed £30 but do not exceed £32 4.30 exceed £32 but do not exceed £34 3.30 exceed £34 but do not exceed £36 2.30 exceed £36 but do not exceed £38 1.30 exceed £38 Nil
PART IV
Amounts of Children's Allowances
Section 225.
Amount for each of first five children Amount for each child in excess of five
(1)
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