Social Welfare Act, 1985

Social Welfare Act, 1985 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 1985 Social Welfare Act, 1985 Social Welfare Act, 1985 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 1985 SOCIAL WELFARE ACT, 1985 ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Social insurance benefits (new rates).

Section 3

Social assistance payments (new rates).

Section 4

Family income supplement.

Section 5

Amendment of section 73 of Principal Act (pay-related benefit).

Section 6

Pay-related social insurance contributions (increase in earnings ceiling).

Section 7

Amendment of Part I of First Schedule to Principal Act (Employments).

Section 8

Amendment of section 7 of Principal Act (Modified insurance).

Section 9

Amendment of section 38 of Principal Act (insurable (occupational injuries) employment).

Section 10

Amendment of Part II of First Schedule to Principal Act (Excepted Employments).

Section 11

Amendment of section 135 of Principal Act (Interpretation, Part III, Chapter 2).

Section 12

Increase of fines.

Section 13

Appointment and duties of social welfare officers (Part III, Chapter 2).

Section 14

Limitation of benefits by pre-accident earnings.

Section 15

Short title, construction and collective citation.

SCHEDULE A SCHEDULE B SCHEDULE C Acts Referred to Industrial Relations Act, 1946 1946, No. 26 Social Welfare Act, 1983 1983, No. 6 Social Welfare Act, 1984 1984, No. 5 Social Welfare (Consolidation) Act, 1981 1981, No. 1 Number 5 of 1985 SOCIAL WELFARE ACT, 1985 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1984. [28th March, 1985] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act— “the Act of 1984” means the Social Welfare Act, 1984 ; “the Principal Act” means the Social Welfare (Consolidation) Act, 1981 .

Social insurance benefits (new rates).

2.—(1) The Principal Act is hereby amended by the substitution for Parts I to V of the Second Schedule (inserted by the Act of 1984) of the Parts set out in Schedule A to this Act.

Social assistance payments (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I and III of the Fourth Schedule (inserted by the Act of 1984) of the Parts set out in Schedule B to this Act.

Family income supplement.

4.—(1) Section 232B (which relates to the entitlement to family income supplement) of the Principal Act (inserted by the Act of 1984) is hereby amended by the substitution for “£95”, in each place where it occurs, of “£100” and by the substitution for “£15” of “£18”.

Amendment of section 73 of Principal Act (pay-related benefit).

5.—(1) Section 73 of the Principal Act is hereby amended by the substitution for “£43” (inserted by the Act of 1984) of “£49”.

Pay-related social insurance contributions (increase in earnings ceiling).

6.—(1) Section 10 (1) of the Principal Act is hereby amended by the substitution for paragraph (c) (inserted by the Social Welfare Act, 1983 ) of the following paragraph: “(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £13,800 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 Part I of First Schedule to Principal Act (Employments).

7.—(1) Part I of the First Schedule to the Principal Act is hereby amended by the insertion after paragraph 12 of the following paragraph: “13. Employment as chairman, deputy chairman or ordinary member of the Labour Court established under the Industrial Relations Act, 1946 .”.

Amendment of section 7 of Principal Act (Modified insurance).

8.—Section 7 (1) of the Principal Act is hereby amended by the substitution in paragraph (a) for “and 12” of “12 and 13 (inserted by the Social Welfare Act, 1985)”.

Amendment of section 38 of Principal Act (insurable (occupational injuries) employment).

9.—Section 38 (3) of the Principal Act is hereby amended by the insertion after paragraph (f) of the following paragraph: “(g) employment specified in paragraph 13 (inserted by the Social Welfare Act, 1985) of Part I of the First Schedule”.

Amendment of Part II of First Schedule to Principal Act (Excepted Employments).

10.—(1) Part II of the First Schedule to the Principal Act is hereby amended by the substitution for paragraphs 8 and 9 of the following paragraphs: “8. Employment, other than employment in the Defence Forces, as a registered or provisionally registered medical practitioner.

Amendment of section 135 of Principal Act (Interpretation, Part III, Chapter 2).

11.—Section 135 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection: “(2A) For the purposes of this Chapter, any period, being not longer than one year in duration, of— (a) employment under a scheme administered by the Department of Labour and known as the Social Employment Scheme, or (b) participation in a scheme administered by the Department of Labour and known as the Enterprise Allowance Scheme, or (c) participation in a scheme administered by the Department of Labour and known as the Alternance Scheme, or (d) attendance at a training course provided or approved of by An Chomhairle Oiliúna, or (e) employment under a scheme administered by the Department of Labour and known as Teamwork, shall be disregarded in treating, pursuant to subsection (2) of this section, any two continuous periods of unemployment not separated by more than 20 weeks as one continuous period of unemployment.”.

Increase of fines.

12.—A person convicted of an offence for which a fine is provided in any section of the Principal Act specified in column (2) of Schedule C to this Act shall— (a) in the case of a summary conviction, in lieu of the fine provided in any such section and specified in column (3) of that Schedule, be liable to the fine specified in column (4) of that Schedule at that reference number, or (b) in the case of a conviction on indictment, in lieu of the fine provided in any such section and specified in column (5) of that Schedule, be liable to the fine specified in column (6) of that Schedule at that reference number, and any such section shall be construed and have effect accordingly.

Appointment and duties of social welfare officers (Part III, Chapter 2).

13.—The Principal Act is hereby amended by the insertion after section 143 of the following section: “Appointment and duties of social welfare officers.

143A.—(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be social welfare officers for the purpose of this Chapter.

Limitation of benefits by pre-accident earnings.

14.—Section 56 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsection: “(3A) The provisions of subsections (1), (2) and (3) of this section shall not apply to such class or classes of volunteer workers as may be prescribed.”.

Short title, construction and collective citation.

15.—(1) This Act may be cited as the Social Welfare Act, 1985.

SCHEDULE A

Section 2

. “Second Schedule Rates of Benefits Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof Description of benefit Weekly rate 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 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)

39.50 25.60 9.40 10.50 8.70 6.95 — — (ii) where the person is not so entitled 34.70 — — — — — — (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 dependant 33.15 — 8.15 9.30 7.25 5.80 — — (b) any other person 32.75 23.65 8.15 9.30 7.25 5.80 — — 2. Maternity Allowance 39.50 — — — — — — — 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 54.35 25.60 9.40 10.50 8.70 6.95 — — (ii) for any other married woman 43.00 — — — — — — — (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 54.35 25.60 9.40 10.50 8.70 6.95 — — (ii) where the person is not so entitled 43.00 — — — — — — — 4. Death Benefit: (a) pension payable to a widow (section 50 (2)) or widower (section 50 (6))— (i) aged under 66 years 58.65 — 12.40 13.65 13.65 11.75 — — (ii) aged over 66 years 59.90 — 12.75 13.80 13.80 12.05 24.60 3.40 (b) pension payable to a parent, the deceased having been at death a married person, where the parent is— (i) aged under 66 years 26.15 — — — — — — — (ii) aged over 66 years 26.70 — — — — — 24.60 3.40 (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 years 58.65 — — — — — — — (b) aged over 66 years 59.90 — — — — — 24.60 3.40 (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 years 58.65 — — — — — — — (b) aged over 66 years 59.90 — — — — — 24.60 3.40 (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 years 58.65 — — — — — — — (b) aged over 66 years 59.90 — — — — — 24.60 3.40 (iv) in any other case where the parent is— (a) aged under 66 years 26.15 — — — — — — — (b) aged over 66 years 26.70 — — — — — 24.60 3.40 (d) pension payable to an orphan 30.90 — — — — — — — 5. Old Age (Contributory) Pension and Retirement Pension: (a) in the case of persons under the age of 80 years 51.40 32.80 10.60 11.70 9.75 8.00 24.60 3.40 (b) in any other case

54.90 32.80 10.60 11.70 9.75 8.00 24.60 3.40 (c) additional increase for an adult dependant who has attained pensionable age — 5.55 — — — — — — 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, where the person is— (i) aged under 66 years 45.30 29.40 10.45 11.50 9.55 7.75 24.60 — (ii) aged over 66 years 46.20 30.00 10.60 11.70 9.75 8.00 24.60 3.40 (b) for any other married woman— (i) aged under 66 years 39.90 — — — — — 24.60 — (ii) aged over 66 years 40.60 — — — — — 24.60 3.40 7. Widow's (Contributory) Pension and Deserted Wife's Benefit in the case of persons: (a) aged under 66 years 46.25 — 12.40 13.65 13.65 11.75 — — (b) aged between 66 and 80 years 47.20 — 12.75 13.80 13.80 12.05 24.60 3.40 (c) aged over 80 years 50.35 — 12.75 13.80 13.80 12.05 24.60 3.40 8. Orphan's (Contributory) Allowance 29.25 — — — — — — —

PART II

Occupational Injuries Benefits—Gratuities and Grant £ 1. Disablement Benefit:

Maximum gratuity in the case of persons— (i) aged under 66 years— 4,200 (ii) aged over 66 years 4,280 2. Death Benefit: (i) Widower's gratuity in the case of persons— (a) aged under 66 years 3,060 (b) aged over 66 years 3,120 (ii) Grant in respect of funeral expenses 220

PART III

Disablement Pension 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)

54.45 55.62 43.11 44.01 80 ” ”

48.40 49.44 38.32 39.12 70 ” ”

42.35 43.26 33.53 34.23 60 ” ”

36.30 37.08 28.74 29.34 50 ” ”

30.25 30.90 23.95 24.45 40 ” ”

24.20 24.72 19.16 19.56 30 ” ”

18.15 18.54 14.37 14.67 20 ” ”

12.10 12.36 9.58 9.78

PART IV

Increases of Disablement Pension £ 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 years 39.50 (b) aged over 66 years 40.30 (ii) for any other married woman— (a) aged under 66 years 34.70 (b) aged over 66 years 35.45 (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 39.50 (ii) where the person is not so entitled 34.70 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 years 24.20 (ii) aged over 66 years 24.60 (b) limit in any case where the person is— (i) aged under 66 years 48.40 (ii) aged over 66 years 49.20

PART V

Reduced Rates of Injury Benefit and Disablement Pension £ (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 years 12.10 (b) aged over 66 years 12.36 (ii) for any other married woman— (a) aged under 66 years 9.58 (b) aged over 66 years 9.78 (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 12.10 (ii) where the person is not, or would not be, so entitled 9.58 ”

SCHEDULE B “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)

A. Persons other than those at B:

PART III

Increase of Old Age Pension for a Spouse Means of claimant or pensioner Weekly rate of increase £ Where the weekly means of the claimant or pensioner do not exceed £6 22.10 exceed £6 but do not exceed £8 21.10 exceed £8 but do not exceed £10 20.10 exceed £10 but do not exceed £12 19.10 exceed £12 but do not exceed £14 18.10 exceed £14 but do not exceed £16 17.10 exceed £16 but do not exceed £18 16.10 exceed £18 but do not exceed £20 15.10 exceed £20 but do not exceed £22 14.10 exceed £22 but do not exceed £24 13.10 exceed £24 but do not exceed £26 12.10 exceed £26 but do not exceed £28 11.10 exceed £28 but do not exceed £30 10.10 exceed £30 but do not exceed £32 9.10 exceed £32 but do not exceed £34 8.10 exceed £34 but do not exceed £36 7.10 exceed £36 but do not exceed £38 6.10 exceed £38 but do not exceed £40 5.10 exceed £40 but do not exceed £42 4.10 exceed £42 but do not exceed £44 3.10 exceed £44 but do not exceed £46 2.10 exceed £46 but do not exceed £48 1.10 exceed £48 Nil ”

SCHEDULE C Increase of Fines

Section 12

.

Reference Number Section of Principal Act Fine on Summary Conviction Increased Fine on Summary Conviction Fine on conviction on indictment Increased Fine on conviction on indictment

(1)

(2)

(3)

(4)

(5)

115 (1), 115 (2), 115 (3) £500 £1,000 £2,000 £3,000 2.

144 (1), 144 (2) £500 £1,000 £2,000 £3,000 3.

144 (4) £500 £1,000 — — 4.

169 (1) £500 £1,000 £2,000 £3,000 5.

169 (4) £500 £1,000 — — 6.

174 (2) £500 £1,000 £2,000 £3,000 7.

185 (3) £5 £500 — — 8.

188 (1) £500 £1,000 £2,000 £3,000 9.

188 (7) £500 £1,000 — — 10.

231 (1) £500 £1,000 £2,000 £3,000 11.

231 (6) £500 £1,000 — — 12.

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