Social Welfare Act, 1973

Social Welfare Act, 1973 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 1973 Social Welfare Act, 1973 Social Welfare Act, 1973 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 10 of 1973 SOCIAL WELFARE ACT, 1973 ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Old age pensions (new rates and extension of means limits).

Section 3

Unemployment assistance (new rates).

Section 4

Widows' (non-contributory) pensions (new rates and extension of means limits).

Section 5

Orphans' (non-contributory) pensions (new rates and extension of means limits).

Section 6

Children's allowances (new rates and extension of age limit for qualified children).

Section 7

Old age (care) allowance (new rate).

Section 8

Social assistance allowance for unmarried mothers.

Section 9

Removal of restriction on qualification for unemployment assistance in the case of certain widows and spinsters.

Section 10

Removal of concession relating to certain cash income in calculating means for old age pensions.

Section 11

Reduction of qualifying age for pension purposes.

Section 12

Removal of remuneration limit in respect of insured persons.

Section 13

New rates of voluntary contributions and removal of liability of certain widows, deserted wives and unmarried mothers for employment contributions.

Section 14

Employment contributions (new rates).

Section 15

Social insurance benefits (new rates).

Section 16

Increase of certain rates of unemployment benefit.

Section 17

Deserted wife's benefit.

Section 18

Removal of restriction on married women in relation to certain benefits, and consequential abolition of marriage benefit.

Section 19

Occupational injuries benefits (new rates).

Section 20

Short title, construction and collective citation.

Acts Referred to Unemployment Assistance Act, 1933 1933, No. 46 Widows' and Orphans' Pensions Act, 1935 1935, No. 29 Children's Allowances (Amendment) Act, 1946 1946, No. 8 Social Welfare Act, 1952 1952, No. 11 Social Welfare (Miscellaneous Provisions) Act, 1964 1964, No. 28 Social Welfare Act, 1970 1970, No. 12 Social Welfare Act, 1972 1972, No. 15 Social Welfare (Miscellaneous Provisions) Act, 1969 1969, No. 19 Old Age Pensions Act, 1924 1924, No. 19 Social Welfare (Children's Allowances) Act, 1952 1952, No. 12 Social Welfare (Miscellaneous Provisions) Act, 1961 1961, No. 22 Old Age Pensions Act, 1908 1908, c. 40 Old Age Pensions Act, 1932 1932, No. 18 Social Welfare (Miscellaneous Provisions) Act, 1968 1968, No. 31 Social Welfare (Miscellaneous Provisions) Act, 1965 1965, No. 20 Social Welfare (Amendment) Act, 1960 1960, No. 25 Social Welfare (Miscellaneous Provisions) Act, 1967 1967, No. 18 Social Welfare (Pay-Related Benefit) Act, 1973 1973, No. 2 Social Welfare (Occupational Injuries) Act, 1966 1966, No. 16 Number 10 of 1973 SOCIAL WELFARE ACT, 1973 AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1972, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1972, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1972, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1970, AND THE SOCIAL WELFARE ACTS, 1952 TO 1973. [27th June, 1973] 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 1946” means the Children's Allowances (Amendment) Act, 1946 ; “the Act of 1952” means the Social Welfare Act, 1952 ; “the Act of 1964” means the Social Welfare (Miscellaneous Provisions) Act, 1964 ; “the Act of 1970” means the Social Welfare Act, 1970 ; “the Act of 1972” means the Social Welfare Act, 1972 ; “the Minister” means the Minister for Social Welfare.

Old age pensions (new rates and extension of means limits).

2.—(1) Section 77 of the Act of 1952 is hereby amended by— (a) the substitution for subsection (2) (inserted by the Act of 1964) of the following subsection: “(2) A pension shall, in lieu of any other rate, be— (a) where the weekly means of the claimant or pensioner do not exceed £10.50—at the rate set forth in the Table to this subsection, (b) where the weekly means of the claimant or pensioner exceed £10.50—at the rate at which, in accordance with the said Table, the pension would be payable if the weekly means of the claimant or pensioner exceeded £9.50 but did not exceed £10.50, less £1 for each amount (if any) of £1 by which the said weekly means exceed £10.50, any fraction of £1 in the said 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, and (c) where the pensioner has attained the age of 80 years—at the rate of pension payable to him in accordance with paragraph (a) or (b) of this subsection plus 50 new pence, and for the purposes of this subsection weekly means shall be the yearly means divided by fifty-two.

TABLE 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)

(2)

Section 8

of the Old Age Pensions Act, 1924 (as amended by the Act of 1972) is hereby amended by the substitution of “four hundred and ninety-four pounds” for “two hundred and seventy-three pounds and seventy-five new pence” in subsection 1 (i).

Unemployment assistance (new rates).

3.—(1) In the Act of 1933 for the Schedule thereto (inserted by the Act of 1972) there is hereby substituted the Schedule to this subsection.

SCHEDULE 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 £5·35 £5·05 Person with an adult dependant £9·25 £8·85 Person with an adult dependant and one child dependant £10·90 £10·50 Person with an adult dependant and two or more child dependants £12·55 plus, where there are more than two child dependants, £1·25 for each child dependant in excess of two. £12·15 plus, where there are more than two child dependants, £1·25 for each child dependant in excess of two.

Person with one child dependant £7·15 £6·85 Person with two or more child dependants £8·80 plus, where there are more than two child dependants, £1·25 for each child dependant in excess of two. £8·50 plus, where there are more than two child dependants, £1·25 for each child dependant in excess of two.

Widows' (non-contributory) pensions (new rates and extension of means limits).

4.—(1) Section 20 (inserted by section 105 of the Act of 1952) of the Act of 1935 is hereby amended by the substitution for subsection (1) of the following subsection: “(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 £10.50—at the rate set forth in Table B to this subsection, and (ii) where the weekly means of the widow exceed £10.50—at the rate at which, in accordance with the said Table B, the pension would be payable to the widow if her weekly means exceeded £9.50 but did not exceed £10.50, less £1 for each amount (if any) of £1 by which the said weekly means exceed £10.50, any fraction of £1 in the said weekly means being treated for this purpose as £1. (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 qualified children

(1)

(2)

(3)

Orphans' (non-contributory) pensions (new rates and extension of means limits).

5.—(1) The Act of 1935 is hereby amended by the substitution for section 25 (inserted by the Act of 1952) of the following section: “25. (1) An orphan's (non-contributory) pension shall, subject to the provisions of this Act, be at the rate set forth in the Table to this subsection.

TABLE Weekly Rates of Orphans' (Non-Contributory) Pensions Means of Orphan Weekly Rates Where the weekly means of the orphan— £ do not exceed £1 4 exceed £1 but do not exceed £2 3 exceed £2 but do not exceed £3 2 exceed £3 but do not exceed £4 1 exceed £4 no pension

Children's allowances (new rates and extension of age limit for qualified children).

6.—(1) The Act of 1946 is hereby amended by— (a) the substitution for section 4 of the following section: “4. A child shall be a qualified child for children's allowances purposes if—

Old age (care) allowance (new rate).

7.—(1) Section 21 (1) of the Act of 1970, which provides for old age (care) allowance, is hereby amended by the substitution of “£3.50” for “£3” (inserted by the Act of 1972).

Social assistance allowance for unmarried mothers.

8.—(1) An allowance (in this section referred to as a social assistance allowance) shall, subject to regulations, be paid out of moneys provided by the Oireachtas to a woman— (a) who is unmarried, (b) who has not attained pensionable age, (c) who has at least one qualified child residing with her, and (d) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

Removal of restriction on qualification for unemployment assistance in the case of certain widows and spinsters.

9.—(1) For the purpose of satisfying the conditions specified in sections 10 (3) (f) and 15 (1) (f) of the Act of 1933 (inserted by paragraph 1 of Part 1 of the Sixth Schedule to the Act of 1952), any employment contribution under the Act of 1952 shall, in the case of a widow or spinster who has no dependant, be reckonable, and, accordingly, subparagraph (ii) of each of the said sections is hereby amended by the deletion of “at the ordinary rate”.

Removal of concession relating to certain cash income in calculating means for old age pensions.

10.—(1) Rule 3 (1) (c) of the Seventh Schedule to the Act of 1952 is hereby amended by the deletion of the matter inserted by section 19 of the Social Welfare (Miscellaneous Provisions) Act, 1961 .

Reduction of qualifying age for pension purposes.

11.—(1) Each of the following provisions is hereby amended by the substitution of “sixty-nine” for “seventy” where it occurs:— (a) section 2 (1) of the Old Age Pensions Act, 1908, (b) section 6 of the Old Age Pensions Act, 1932 , (c) section 10 (3) (b) of the Act of 1933, (d) sections 21 (inserted by the Act of 1964), 22 (1) and 36 (a) (i) of the Act of 1935, and (e) sections 80 (2) and 81 (1) of the Act of 1952.

Removal of remuneration limit in respect of insured persons.

12.—(1) Employment, otherwise than by way of manual labour, at a rate of remuneration exceeding in value £1,600 a year shall cease to be an employment excepted from insurance under the Act of 1952 and, accordingly, Part II of the First Schedule to that Act is hereby amended by the deletion of paragraph 1 (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1965 , and amended by the Social Welfare (Remuneration Limit for Insured Persons) Order, 1971 (S.I. No. 163 of 1971)).

New rates of voluntary contributions and removal of liability of certain widows, deserted wives and unmarried mothers for employment contributions.

13.—(1) Section 6 of the Act of 1952 is hereby amended— (a) by the substitution in subsection (2) (inserted by the Social Welfare (Amendment) Act, 1960 ), for the rate of voluntary contribution set forth in each paragraph mentioned in column (1) of the following Table, of the rate set forth, opposite the mention of that paragraph in the said column (1), in column (2) of that Table:

TABLE Paragraph of Section 6 (2) Rate of Contribution

(1)

Employment contributions (new rates).

14.—(1) The Second Schedule to the Act of 1952 is hereby amended by the substitution, for the rate of contribution set forth in each paragraph mentioned in column (1) of the following Table, of the rate set forth opposite the mention of that paragraph in the said column (1), in column (2) of that Table:

TABLE Paragraph of Second Schedule Rate of Contribution

(1)

Social insurance benefits (new rates).

15.—(1) The Third Schedule to the Act of 1952 is hereby amended by— (a) the substitution for Part I (inserted by the Act of 1972) 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)

Increase of certain rates of unemployment benefit.

16.—(1) In the Table to 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)

Deserted wife's benefit.

17.—(1) Section 14 of the Act of 1952 is hereby amended by the insertion of the following paragraph after paragraph (l) (inserted by the Social Welfare (Pay-Related Benefit) Act, 1973 ) of subsection (1):— “(m) deserted wife's benefit.”.

The contribution conditions for deserted wife's benefit are— (a) that not less than one hundred and fifty-six employment contributions have been paid in respect of the husband in respect of the period beginning with his entry into insurance and ending immediately before the relevant time, and (b) that, if at the relevant time four years or longer has elapsed since the husband's entry into insurance, the average per contribution year of the contributions paid in respect of or credited to him in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than forty-eight, but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).

In this paragraph ‘relevant time’ means the date on which the woman is determined to have been deserted by her husband.”.

Removal of restriction on married women in relation to certain benefits, and consequential abolition of marriage benefit.

18.—(1) The Act of 1952 is hereby amended by— (i) the deletion from section 14 (1) of the following paragraph : “(c) marriage benefit, which shall consist of a marriage grant,”, (ii) the deletion from section 14 (3) (a) of the words “a marriage grant or”, (iii) the deletion from Part II of the Third Schedule of the matter relating to a marriage grant, and (iv) the deletion from the Fourth Schedule of paragraph 2 (which relates to marriage benefit).

Occupational injuries benefits (new rates).

19.—(1) The Social Welfare (Occupational Injuries) Act, 1966 , is hereby amended as follows: (a) in section 8

8·19 80 ” ”

7·28 70 ” ”

6·37 60 ” ”

5·46 50 ” ”

4·55 40 ” ”

3·64 30 ” ”

2·73 20 ” ”

1·82 (e) the Table annexed to this paragraph shall be substituted for Table II annexed to section 9

6·39 80 ” ”

5·68 70 ” ”

4·97 60 ” ”

4·26 50 ” ”

3·55 40 ” ”

2·84 30 ” ”

2·13 20 ” ”

1·42 ; (f) in section 9

Short title, construction and collective citation.

20.—(1) This Act may be cited as the Social Welfare Act, 1973.

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