Social Welfare Act, 1982
In short
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.
What it regulates
- 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 it concerns
- 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.
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.
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.
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- 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 1. Definitions. 2. Social insurance benefits (new rates). 3. Social assistance payments and children's allowances (new rates). 4. Revised method of calculating certain pensions and allowances. 5. Pay-related social insurance contributions (new rates). 6. Amendment of Rule 1
- Increase for certain invalidity pensioners.
- Amendment of section 136
- Amendment of section 308 of Principal Act (temporary increases of rates of benefit or assistance).
- Miscellaneous amendments of Principal Act.
- 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.—
- a)normally resided with the beneficiary or the deceased immediately before the death of the deceased, or (
- b)being a child, grand-child or step-child of the deceased or of the beneficiary, became normally resident with the beneficiary subsequent to the death of the deceased, or (
- c)was adopted by the beneficiary pursuant to the provisions of the Adoption Acts, 1952 to 1976, subsequent to the death of the deceased.”.
- a)in so far as it relates to disability benefit, unemployment benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 5th day of April, 1982, (
- b)in so far as it relates to deserted wife's benefit, invalidity pension, retirement pension and death grant, on the 1st day of April, 1982, and (
- c)in so far as it relates to death benefit under section 50, 51 or 52 of the Principal Act, old age (contributory) pension, widow's (contributory) pension and orphan's (contributory) allowance, on the 2nd day of April, 1982. Social assistance payments and children's allowances (new rates). 3.—
- a)by the substitution of the following paragraph for paragraph (
- b)of subsection
- a)in so far as it relates to unemployment assistance, on the 31st day of March, 1982, (
- b)in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension and orphan's (non-contributory) pension, on the 2nd day of April, 1982, (
- c)in so far as it relates to deserted wife's allowance, prisoner's wife's allowance, social assistance allowance, single woman's allowance, and children's allowances, on the 1st day of April, 1982, and (
- d)in so far as it relates to supplementary welfare allowance, on the 5th day of April, 1982. Revised method of calculating certain pensions and allowances. 4.—
- a)in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension and orphan's (non-contributory) pension on the 2nd day of April, 1982, and (
- b)in so far as it relates to deserted wife's allowance, prisoner's wife's allowance, social assistance allowance and single woman's allowance, on the 1st day of April, 1982. Pay-related social insurance contributions (new rates). 5.—
- 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.”.
- b)A percentage rate for the purpose of paragraph (
- a)(
- i)shall be— (
- i)in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are not reckonable for the purposes of old age (contributory) pension, 2.6 per cent., (
- ii)in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are reckonable for the purposes of old age (contributory) pension, 6.6 per cent., and (iii) in the case of a person to whom subsection
- 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.”.
- 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
- 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
- a)in the case of person 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 husbane or a married woman entitled to an increase for a qualified child or qualified children or for a husband 31.65 20.50 7.50 8.40 6.95 5.55 — — (
- ii)for any other married woman 27.80 — — — — — — — (
- 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 qualified children or for an adult dependant 31.65 20.50 7.50 8.40 6.95 5.55 — — (
- ii)Where the person is not so entitled 27.80 — — — — — — — 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. 2. Maternity Allowance 31.65 — — — — — — — Sections 42 and 44. 3. Injury Benefit: (
- 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 43.55 20.50 7.50 8.40 6.95 5.55 — — (
- ii)for any other married woman 34.45 — — — — — — — (
- 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 qualified children or for an adult dependant 43.55 20.50 7.50 8.40 6.95 5.55 — — (
- ii)where the person is not so entitled 34.45 — — — — — — — Sections 50, 51 and 52. 4. Death Benefit: (
- a)Pension payable to a widow (section 50
- i)aged under 66 45.95 — 9.75 10.65 10.65 9.25 — — (
- ii)aged over 66 46.90 — 9.95 10.80 10.80 9.40 19.30 2.70 (
- b)pension payable to a parent, the deceased having been at death a married person where the parent is— (
- i)aged under 66 20.50 — — — — — — — (
- ii)aged over 66 20.90 — — — — — 19.30 2.70 (
- c)pension payable to a parent, the deceased having been at death a widower, a widow or a single person— (
- i)where the parent is the father and was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable and is— (
- a)aged under 66 45.95 — — — — — — — (
- b)aged over 66 46.90 — — — — — 19.30 2.70 (
- ii)where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow and is— (
- a)aged under 66 45.95 — — — — — — — (
- b)aged over 66 46.90 — — — — — 19.30 2.70 (iii) where the parent is the mother, not being a widow, and a pension at the rate set out at (
- i)above is not payable to her husband and she is— (
- a)aged under 66 45.95 — — — — — — — (
- b)aged over 66 46.90 — — — — — 19.30 2.70 (
- iv)in any other case where the parent is:— (
- a)aged under 66 20.50 — — — — — — — (
- b)aged over 66 20.90 — — — — — 19.30 2.70 (
- d)Pension payable to an orphan 24.20 — — — — — — — 5. Old Age (Contributory) Pension and Retirement Pension: 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
- a)1. Disablement Benefit: Maximum gratuity in the case of person :— (
- i)aged under 66 3,285 (
- ii)aged over 66 3,355 2. Death Benefit: Section 50
- i)Widower's gratuity in the case of person :— (
- a)aged under 66 2,395 (
- b)aged over 66 2,445 Section 53
- 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
- a)in case the deceased person was a qualified child under the age of 5 years 20 (
- b)in case the deceased person was any other qualified child 60 (
- c)in any other case 100 ” 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
- Unemployment Assistance: A. persons other than those at B:
- i)for persons resident in any urban area 26.25 18.95 6.55 7.45 5.80 4.65 — — — (
- ii)for persons resident in any other place 25.45 18.50 6.55 7.45 5.80 4.65 — — —
- a)where the rateable valuation of the land does not exceed £10— (
- i)for persons in any urban area 21.90 15.75 5.40 6.25 4.80 3.85 — — — (
- ii)for persons resident in any other place 21.20 15.40 5.40 6.25 4.80 3.85 — — — (
- b)where the rateable valuation of the land exceeds £10 but does not exceed £15— (
- i)for persons resident in any urban area 18.55 13.20 4.25 5.15 4.15 3.30 — — — (
- ii)for persons resident in any other place 17.80 13.05 4.25 5.15 4.15 3.30 — — — (
- c)where the rateable valuation of the land exceeds £15 but does not exceed £20— (
- i)for persons resident in any urban area 15.50 11.05 3.50 4.40 3.50 2.80 — — — (
- ii)for persons resident in any other place 15.00 10.90 3.50 4.40 3.50 2.80 — — — B. Persons without an adult dependant and with one or more qualified children:
- i)for persons resident in any urban area 26.55 — 6.55 7.45 5.80 4.65 — — — (
- ii)for persons resident in any other place 25.80 — 6.55 7.45 5.80 4.65 — — —
- a)where the rateable value of the land does not exceed £10— (
- i)for persons resident in any urban area 22.15 — 5.40 6.25 4.80 3.85 — — — (
- ii)for persons resident in any other place 21.50 — 5.40 6.25 4.80 3.85 — — — (
- b)where the rateble valuation of the land exceeds £10 but does not exceed £15— (
- i)for persons resident in any urban area 18.80 — 4.25 5.15 4.15 3.30 — — — (
- ii)for persons resident in any other place 18.05 — 4.25 5.15 4.15 3.30 — — — (
- c)where the rateable valuation of the land exceeds £15 but does not exceed £20— (
- i)for persons resident in any urban area 15.80 — 3.50 4.40 3.50 2.80 — — — (
- ii)for persons resident in any other place 15.20 — 3.50 4.40 3.50 2.80 — — — Sections 161 and 162. 2. Old Age Pension and Blind Pension 34.45 — 7.30 8.20 6.40 5.10 19.30 2.70 2.50 Sections 178 and 179, 195
- a)aged under 66 33.80 — 8.80 9.70 9.70 8.30 — — — (
- b)aged over 66 34.45 — 9.00 9.90 9.90 8.50 19.30 2.70 2.50 Sections 183. 4. Orphan's (Non-Contributory) Pension 19.20 — — — — — — — — 5. Single Woman's Allowance 29.50 — — — — — — — — Section 198
- 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