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Social Welfare (No. 2) Act, 1989

In short

This law amends and extends existing social welfare acts, specifically focusing on how unemployment assistance is calculated and paid to couples. It clarifies the amounts payable when both members of a couple are entitled to unemployment assistance or when one receives another benefit and the other receives unemployment assistance.

What it regulates

  • The total amount of unemployment assistance payable to couples where both are entitled.
  • The total amount payable when one spouse receives certain benefits (like disability or old age pension) and the other receives unemployment assistance.
  • How claims for unemployment assistance made on or after May 9, 1989, are to be handled under the new rules.
  • That certain amounts of unemployment assistance properly paid before this Act are not recoverable by the Minister.

Who it concerns

  • Married couples living together or a man and woman cohabiting as man and wife.
  • Individuals claiming unemployment assistance, especially those in a couple.

Key points

  • If both members of a couple are entitled to unemployment assistance, their total payment cannot exceed the amount payable if only one was entitled and the other was an adult dependant. Each will receive one-half of that amount.
  • If one spouse receives certain benefits (e.g., disability benefit, old age pension) and the other receives unemployment assistance, the total amount they receive together cannot exceed the greater of what would be payable if only one received a benefit/pension or unemployment assistance with an increase for an adult dependant.
  • Claims for unemployment assistance made on or after May 9, 1989, for a period before this Act, will be paid only according to the amended Section 12.
  • Amounts of unemployment assistance properly paid before this Act, which would otherwise be recoverable due to this Act, will not be recovered.
Legal text
Legal text

Social Welfare (No. 2) Act, 1989 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.

  1. 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.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1989 Social Welfare (No. 2) Act, 1989 Social Welfare (No. 2) Act, 1989 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 12 of 1989 SOCIAL WELFARE (NO. 2) ACT, 1989 ARRANGEMENT OF SECTIONS Section 1. Unemployment assistance — couples. 2. Certain claims. 3. Non-recoverability. 4. Short title, construction and collective citation. Acts Referred to Social Welfare (No. 2) Act, 1985 1985, No. 14 Social Welfare Act, 1988 1988, No. 7 Social Welfare Acts, 1981 to 1989 Number 12 of 1989 SOCIAL WELFARE (NO. 2) ACT, 1989 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1989. [7th June, 1989] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Unemployment assistance — couples. 1.— Section 12 (as amended by section 25 of the Social Welfare Act, 1988 ) of the Social Welfare (No. 2) Act, 1985 , is hereby amended— (
  4. a)by the substitution for subsection

(1)of the following subsection: “
(1)In the case of a couple both of whom are entitled to be paid unemployment assistance, the total amount payable to them pursuant to Chapter 2 of Part III of the Principal Act shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance and the other was an adult dependant, and each of them shall be entitled to be paid one-half of the amount which would be payable to him if the other were his adult dependant.”, and (b) by the insertion after subsection
(3)of the following subsections: “
(4)Where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age pension, retirement pension or invalidity pension and the other is entitled to unemployment assistance, the total of the amount payable to them by way of such benefit or pension, as the case may be, and such unemployment assistance (in this subsection referred to as ‘the relevant amount’) shall not exceed the total amount of benefit or pension, as the case may be, or the total amount of unemployment assistance, whichever is the greater (in this subsection referred to as ‘the greater amount’), that would be payable if only one of the couple were in receipt of benefit, pension or unemployment assistance, as the case may be, and the benefit, pension or unemployment assistance included an increase in respect of the other as his adult dependant; and, if the relevant amount would but for this subsection exceed the greater amount, the amount of unemployment assistance payable to the spouse who is entitled to such unemployment assistance shall be reduced by the amount of the excess.
(5)In this section ‘couple’ means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as man and wife.
(6)In subsection
(4)of this section ‘spouse’ means each person of a couple in relation to the other.”. Certain claims. 2.—
(1)A person who, on or after the 9th day of May, 1989, claims or has claimed, in respect of a period before the passing of this Act, unemployment assistance of an amount to which he would not be entitled if section 12 were applicable shall be entitled to be paid such assistance only in accordance with section 12.
(2)(
  1. a)A person who has not, before the 9th day of May, 1989, specifically claimed, in respect of a period before the passing of this Act, any additional amount for unemployment assistance being an amount to which he would not be entitled if section 12 were applicable shall not be entitled to be paid the additional amount. (
  2. b)In paragraph (
  3. a)of this subsection “claimed” means claimed in writing from the Minister or claimed in proceedings instituted against the Minister in any court.
(3)In this section “section 12” means subsections
(1),
(4),
(5)and
(6)of section 12 (as amended by this Act) of the Social Welfare (No. 2) Act, 1985 . Non-recoverability. 3.—An amount properly paid to any person before the passing of this Act by way of unemployment assistance which as a result of this Act would be recoverable by the Minister shall not be so recoverable. Short title, construction and collective citation. 4.—
(1)This Act may be cited as the Social Welfare (No. 2) Act, 1989.
(2)The Social Welfare Acts, 1981 to 1989, and this Act shall be construed as one.
(3)The collective citation “the Social Welfare Acts, 1981 to 1989” shall include this Act. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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