Social Welfare (Amendment) Act, 1981

Social Welfare (Amendment) Act, 1981 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 1981 Social Welfare (Amendment) Act, 1981 Social Welfare (Amendment) Act, 1981 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 1981 SOCIAL WELFARE (AMENDMENT) ACT, 1981 ARRANGEMENT OF SECTIONS

PART I

Preliminary Section

Section 1

Short title and construction.

Section 2

Principal Act.

PART II

Increases and Miscellaneous Amendments

Section 3

Social insurance benefits (new rates).

Section 4

Social assistance payments and children's allowances (new rates).

Section 5

Pay-related social insurance (new rates of contributions and increase in earnings ceiling).

Section 6

Pay-related benefit (additional waiting days for certain benefits).

Section 7

Pay-related benefit (increase in amount of earnings disregarded).

Section 8

Old age pension (removal of fifteen-year residence condition).

PART III

New Provisions relating to Maternity Allowance

Section 9

Maternity allowance (extension of period of entitlement in certain cases).

Section 10

Maternity allowance (amendment of contribution conditions).

Section 11

Pay-related benefit (additional benefit for certain recipients of maternity allowance).

PART IV

Repeals and Minor Amendments

Section 12

Repeal of certain obsolete provisions of Principal Act.

Section 13

Amendment of section 45 of Principal Act.

Section 14

Occupational injuries benefit (payment of prescribed relative allowance to certain pensioners).

Section 15

Extension of meaning of “adult dependant” in the case of old age (contributory) pension and retirement pension.

Section 16

Extension of meaning of “qualified child” in the case of retirement pension and invalidity pension.

Section 17

Unemployment assistance (meaning of “trade dispute”).

Section 18

Unemployment assistance (offences by bodies corporate).

Section 19

Amendment of section 305 of Principal Act.

Section 20

Amendment of section 269 of Principal Act.

SCHEDULE A Rates of Benefit SCHEDULE B Rates of Assistance Acts Referred to Debtors Act (Ireland), 1872 35 & 36 Vic. C.57 Social Welfare (Consolidation) Act, 1981 1981, No. 1 Maternity Protection of Employees Act, 1981 1981, No. 2 Number 3 of 1981 SOCIAL WELFARE (AMENDMENT) ACT, 1981 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1981 . [27th March, 1981] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary Short title and construction.

1.—This Act may be cited as the Social Welfare (Amendment) Act 1981, and shall be construed as one with the Social Welfare (Consolidation) Act. 1981.

Principal Act.

2.—In this Act “the Principal Act” means the Social Welfare (Consolidation) Act. 1981.

PART II

Increases and Miscellaneous Amendments Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I, II, III, IV and V of the Second Schedule to that Act of the Parts set out in Schedule A to this Act.

Social assistance payments and children's allowances (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I, III and IV of the Fourth Schedule to that Act of the Parts set out in Schedule B to this Act.

Pay-related social insurance (new rates of contributions and increase in earnings ceiling).

5.—(1) Section 10 (1) of the Principal Act is hereby amended by the substitution of— (a) “3.75 per cent.” for “3.5 per cent.” and “9.55 per cent.” for “8.5 per cent.” in paragraphs (b) (i) and (b) (ii), respectively, and (b) “£8,500” for “£7,000” in paragraph (c).

Pay-related benefit (additional waiting days for certain benefits).

6.—(1) Section 72 of the Principal Act is hereby amended by the deletion of all the words from “and which is not earlier” to the end of subsection (1) and the substitution therefor of the following: “and which is not earlier than the 13th day of incapacity for work in a period of incapacity for work (within the meaning of section 18 (4)) or which is not earlier than the 13th day of unemployment, as the case may be, in the period of interruption of employment: provided that, where a period of incapacity for work is not separated by more than 3 days from a preceding day of unemployment in respect of which pay-related benefit was payable, that benefit shall be payable from the 13th day of incapacity for work in the period of interruption of employment or from the first day of that period of incapacity for work, whichever is the later.”, and that subsection, as so amended, is set out in the Table to this section.

TABLE

Pay-related benefit (increase in amount of earnings disregarded).

7.—(1) Section 73 of the Principal Act is hereby amended by the deletion of all the words from “exceeds £14” to the end of the section and the substitution therefor of the following: “exceeds the sum described hereunder but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict the total amount of benefit payable under this Part to the person in respect of any week. The sum referred to above is an amount corresponding to the weekly rate of benefit (any fraction of £1 in that rate greater than 50p being regarded as £1 and any such other fraction being disregarded) set out in column (2) of Part I of the Second Schedule at reference 1 (A) (a) (i) applicable on the first day of the benefit year next following the end of the relevant income tax year.”, and that section, as so amended, is set out in the Table to this section.

TABLE 73.—The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be an amount equal to— (a) for any part of that period up to the 159th day of incapacity for work, or for any part of that period up to the 159th day of unemployment, 40 per cent., (b) for any part of that period from the 160th day of incapacity for work up to the 237th such day, or for any part of that period from the 160th day of unemployment up to the 237th such day, 30 per cent., (c) for any part of that period from the 238th day of incapacity for work up to the 315th such day, or for any part of that period from the 238th day of unemployment up to the 315th such day, 25 percent., and (d) for any part of that period from the 316th day of incapacity for work up to the 393rd such day, or for any part of that period from the 316th day of unemployment up to the 393rd such day, 20 per cent., of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds the sum described hereunder but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict the total amount of benefit payable under this Part to the person in respect of any week. The sum referred to above is an amount corresponding to the weekly rate of benefit (any fraction of £1 in that rate greater than 50p being regarded as £1 and any such other fraction being disregarded) set out in column (2) of Part I of the Second Schedule at reference 1 (A) (a) (i) applicable on the first day of the benefit year next following the end of the relevant income tax year.

Old age pension (removal of fifteen-year residence condition).

8.—(1) Section 159 of the Principal Act is hereby amended by the substitution for subsections (2) and (3) of the following subsection: “(2) Subject to section 163 (2), an old age pension shall not be paid to or in respect of any person during any period for which the person is resident outside the State.”.

PART III

New Provisions relating to Maternity Allowance Maternity allowance (extension of period of entitlement in certain cases).

9.—Section 24 of the Principal Act is hereby amended by— (a) the substitution for subsection (2) of the following subsection: “(2) Subject to the following provisions of this section, the period for which maternity allowance is payable shall be— (a) the period of maternity leave to which a woman is entitled by virtue of section 8 of the Maternity Protection of Employees Act, 1981 (including any extension of that period by virtue of section 12 of that Act) or (b) in the case of a woman not so entitled to maternity leave, the period of 12 weeks beginning with the 6th week before the end of the expected week of confinement, but— (i) if the woman who is entitled to the allowance dies, the allowance shall not be payable for any subsequent week, (ii) if the date of the confinement occurs after the expected week of confinement, the allowance shall, subject to subparagraph (i), be payable until the expiration of the 6th week after the week in which that date occurs.”; and (b) the addition of the following subsection: “(5) For the purpose of subsection (2) (a) (inserted by the Social Welfare (Amendment) Act, 1981), where the employment ceases (whether due to the death of the employer or otherwise) during the period of maternity leave, the woman shall continue to be treated as if the event which caused the cesser of employment had not occurred.”.

Maternity allowance (amendment of contribution conditions).

10.—Section 25 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “(1) The contribution conditions for maternity allowance are— (a) (i) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period beginning with her entry into insurance and ending immediately before the relevant time, and (ii) that the claimant has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in a subsequent complete contribution year before the relevant time; or (b) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the 12 months immediately preceding the first day of a period of maternity leave to which she is entitled by virtue of section 8 of the Maternity Protection of Employees Act, 1981 .

In paragraph (a) “relevant time” means the date of commencement of the 6th week before the end of the expected week of confinement or, in the case of a claimant entitled to maternity leave by virtue of the said section 8 , the first day of that leave.”.

Pay-related benefit (additional benefit for certain recipients of maternity allowance).

11.—(1) The Principal Act is hereby amended by the substitution for section 75 of the following section: “75. (1) Notwithstanding any other provision in this Chapter, additional benefit (by way of pay-related benefit) shall be paid to a woman entitled to maternity allowance under paragraph (a) of section 24 (2) (inserted by the Social Welfare (Amendment) Act, 1981) to provide that the weekly aggregate of the maternity allowance, pay-related benefit (if any) otherwise payable under the other provisions of this Chapter and such additional benefit will be an amount equal to— (a) 80% of her reckonable weekly earnings in the income tax year prescribed for the purpose of this section, or (b) 80% of such amount as may be prescribed as the average reckonable weekly earnings of women in that year, whichever is the greater.

PART IV

Repeals and Minor Amendments Repeal of certain obsolete provisions of Principal Act.

12.—Sections 34 (5), 34 (8), 131 (3) and 131 (4) of the Principal Act are hereby repealed.

Amendment of section 45 of Principal Act.

13.—Section 45 (2) (a) (which relates to occupational injuries benefit) of the Principal Act is hereby amended by the deletion of “£234 in a year” and the substitution therefor of “such amount as may be prescribed”.

Occupational injuries benefit (payment of prescribed relative allowance to certain pensioners).

14.—(1) Section 50 of the Principal Act is hereby amended by the addition of the following subsection: “(11) In the case of a person who has attained pensionable age, the weekly rate of pension under subsection (2) or (6) shall be increased by the amount set out in column (6) of Part I of the Second Schedule (as amended by the Social Welfare (Amendment) Act, 1981) 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.”.

Extension of meaning of “adult dependant” in the case of old age (contributory) pension and retirement pension.

15.—(1) Section 81 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “(1) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant and which is not a period in respect of which the adult dependant is in receipt of old age (contributory) pension, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.”.

Extension of meaning of “qualified child” in the case of retirement pension and invalidity pension.

16.—(1) Section 86 of the Principal Act is hereby amended by the addition of the following subsection: “(5) In determining the weekly rate of retirement pension payable to a widow, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.”.

Unemployment assistance (meaning of “trade dispute”).

17.—Section 135 (1) of the Principal Act is hereby amended by the addition of “‘trade dispute’ has the meaning assigned by section 35 (6)”.

Unemployment assistance (offences by bodies corporate).

18.—Section 144 of the Principal Act is hereby amended by the addition of the following subsections: “(5) Where an offence under this Chapter or under regulations made under this Chapter is committed by a body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body corporate or was purporting to act in any such capacity shall also be guilty of that offence.

Amendment of section 305 of Principal Act.

19.—Section 305 of the Principal Act (which relates to means for the purposes of the Debtors Act (Ireland), 1872 ) is hereby amended by the deletion of “with the exception of assistance under Chapters 2 and 3 of Part III”.

Amendment of section 269 of Principal Act.

20.—Section 269 of the Principal Act (which relates to the Supplementary Unemployment Fund) is hereby amended by the substitution for subsections (4) and (5) of the following subsections: “(4) Any moneys forming part of the Fund may from time to time be paid over to the Minister for Finance and by him invested and kept invested at his discretion on behalf of the Fund and income arising from any such investment shall be paid into the Fund.

SCHEDULE A

Section 3.

“Rates of Benefits

Part I

Rates of Periodical Benefits and Increases Thereof Sections 20 , 21, 31 and 32.

Section 33.

Section 26.

Sections 42 and 44.

Sections 50, 51 and 52.

Sections 80, 81, 85 and 86.

Sections 90 and 91.

Sections 94, 95, 102 and 103.

Section 98.

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 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)

(5)

(6)

30.65 19.55 7.00 5.80 14.70 2.05 (b) in any other case 32.80 19.55 7.00 5.80 14.70 2.05 (c) additional increase for an adult dependant who has attained pensionable age — 3.35 — — — — 6. Invalidity Pension: (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 27.55 17.90 7.00 5.80 14.70 2.05 (b) for any other married woman 24.25 — — — 14.70 2.05 7. Widow's (Contributory) Pension and Deserted Wife's Benefit: (a) in the case of persons under the age of 80 years 28.15 — 8.25 8.25 14.70 2.05 (b) in any other case 30.05 — 8.25 8.25 14.70 2.05 8. Orphan's (Contributory) Allowance 17.75 — — — — —

PART II

Occupational Injuries Benefits—Gratuities and Grant

Section 43 (7) (a).

Section 50 (7).

Section 53 (2).

£ 1. Disablement Benefit:

Maximum gratuity 2,550 2. Death Benefit: (i) Widower's gratuity 1,860 (ii) Grant in respect of funeral expenses 175

PART III

Disablement Pension

Section 43 (8).

Degree of disablement Weekly rate (persons over 18 years) Weekly rate (persons under 18 years and certain married women)

(1)

(2)

36.80 29.10 90 ” ”

33.12 26.19 80 ” ”

29.44 23.28 70 ” ”

25.76 20.37 60 ” ”

22.08 17.46 50 ” ”

18.40 14.55 40 ” ”

14.72 11.64 30 ” ”

11.04 8.73 20 ” ”

7.36 5.82

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 24.55 (ii) for any other married woman 21.60 (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 24.55 (ii) where the person is not so entitled 21.60 2. Increase where the beneficiary requires constant attendance: (a) limit of increase except in cases of exceptionally severe disablement 14.70 (b) limit in any case 29.40

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 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 7.36 (ii) for any other married woman 5.82 (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 7.36 (ii) where the person is not, or would not be so entitled 5.82 ”

SCHEDULE B “Rates of Assistance

Section 4.

PART I

Rates of Periodical Social Assistance and Increases Thereof

Section 139.

Sections 161 and 162.

Sections 178, 179, 195 (2), 196 (2) and 197 (2).

Section 183.

Section 198(2).

Section 208.

Description of assistance, pension or allowance Weekly rate or amount Increase for adult dependant (where payable) Increase for qualified child or each of two qualified children (where payable) Increase for each qualified child in excess of two (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)

(5)

(6)

(7)

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 13.20 exceed £6 but do not exceed £7 12.60 exceed £7 but do not exceed £8 12.00 exceed £8 but do not exceed £9 11.40 exceed £9 but do not exceed £10 10.80 exceed £10 but do not exceed £11 10.20 exceed £11 but do not exceed £12 9.60 exceed £12 but do not exceed £13 9.00 exceed £13 but do not exceed £14 8.40 exceed £14 but do not exceed £15 7.80 exceed £15 but do not exceed £16 7.20 exceed £16 but do not exceed £17 6.60 exceed £17 but do not exceed £18 6.00 exceed £18 but do not exceed £19 5.40 exceed £19 but do not exceed £20 4.80 exceed £20 but do not exceed £21 4.20 exceed £21 but do not exceed £22 3.60 exceed £22 but do not exceed £23 3.00 exceed £23 but do not exceed £24 2.40 exceed £24 but do not exceed £25 1.80 exceed £25 but do not exceed £26 1.20 exceed £26 but do not exceed £27 0.60 exceed £27 Nil

PART IV

Amounts of Children's Allowances

Section 225.

Amount for one child Additional amount for each child in excess of one

(1)

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