Social Welfare Act, 1992

Social Welfare Act, 1992 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 1992 Social Welfare Act, 1992 Social Welfare Act, 1992 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 1992 SOCIAL WELFARE ACT, 1992 ARRANGEMENT OF SECTIONS

PART I

Preliminary Section

Section 1

Short title, construction and collective citation.

Section 2

Definitions.

PART II

Increases

Section 3

Social insurance benefits (new rates).

Section 4

Social assistance payments (new rates).

Section 5

Invalidity pension (increase where pensioner has attained age of 80 years).

Section 6

Family income supplement (new weekly rates).

Section 7

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

Section 8

Self-employment contributions (increase in earnings ceiling).

Section 9

Pay-related benefit.

PART III

Pension Schemes

Section 10

Old age (contributory) pension (alternative method of determining yearly average).

Section 11

Retirement pension (alternative method of determining yearly average).

Section 12

Widow's (contributory) pension (extension of automatic entitlement).

Section 13

Proceeds derived from sale of pensioner's principal residence exempt from assessment of means.

Section 14

Living alone circumstances to be specified in regulations.

Section 15

Orphan's pension schemes.

Section 16

Increases for qualified children.

Section 17

Definition of “spouse” in relation to certain pensions.

Section 18

Amendment of Third Schedule to Principal Act (rules as to calculation of means).

PART IV

Maternity Allowance

Section 19

Maternity allowance.

PART V

Liability to Maintain Family

Section 20

Amendment of section 314 of Principal Act.

Section 21

Amendment of section 316 of Principal Act.

Section 22

Insertion of sections 316A to 316J in Principal Act.

Section 23

Amendment of section 318 of Principal Act.

Section 24

Amendment of section 319 of Principal Act.

PART VI

Deserted Wife's Benefit

Section 25

Deserted wife's benefit (title to benefit).

Section 26

Deserted wife's benefit (conditions for receipt).

PART VII

Unemployment Payment Schemes

Section 27

Substitution for Chapter 2, Part III of Principal Act.

Section 28

Unemployment benefit (title to benefit).

Section 29

Amendment of section 35 of Principal Act (disqualification for unemployment benefit).

Section 30

Title to pay-related benefit.

Section 31

Unemployment benefit (period of disqualification).

PART VIII

Disability and Occupational Injury Benefit

Section 32

Qualifying conditions for disability benefit.

Section 33

Disability benefit (period of disqualification).

Section 34

Discontinuance of pay-related benefit for periods of incapacity for work.

Section 35

Injury benefit (weekly rates).

PART IX

Miscellaneous

Section 36

Carer's allowance.

Section 37

Integration of single woman's allowance scheme with pre-retirement allowance scheme.

Section 38

Amendment of section 44 of Principal Act.

Section 39

Family income supplement (regulations).

Section 40

Clarification of section 300 (5) (aa) of Principal Act (revised decisions).

Section 41

Administration of social welfare schemes.

Section 42

Selection of panels of assessors to sit with appeals officers.

Section 43

Additional increases of lone parent's allowance to certain persons.

Section 44

Disqualification for entitlement to benefit where person is convicted of an offence.

Section 45

Increase of fine under section 227 of Principal Act.

Section 46

Recoupment of supplementary welfare allowance.

Section 47

Amendment of section 209 of Principal Act.

Section 48

Amendment of section 28 of Act of 1991 (information required by Minister).

Section 49

Amendment of section 4 of Social Welfare (No. 2) Act, 1985 (amounts of increases payable in respect of qualified child normally resident with beneficiary).

Section 50

Family income supplement (treating claims as having been made on a date earlier than date of receipt of claim).

Section 51

Sanction of Minister for Finance in relation to certain regulations.

Section 52

Saving for certain instruments and documents.

PART X

Amendments to Pensions Act

Section 53

Amendment of section 2 of Pensions Act.

Section 54

Preserved benefit.

Section 55

Amendment of section 34 of Pensions Act.

Section 56

Amendment of section 46 of Pensions Act.

Section 57

Amendment of section 48 of Pensions Act.

Section 58

Amendment of section 55 of Pensions Act.

Section 59

Amendment of section 56 of Pensions Act.

Section 60

Amendment of section 62 of Pensions Act.

Section 61

Repeals.

Section 62

Amendment of section 71 of Pensions Act.

Section 63

Amendment of Third Schedule to Pensions Act.

SCHEDULE A SCHEDULE B Acts Referred to Agriculture Act, 1931 1931, No. 8 Army Pensions Acts, 1923 to 1980 Courts (No. 2) Act, 1986 1986, No. 26 Enforcement of Court Orders Act, 1926 1926, No. 18 Enforcement of Court Orders Act, 1940 1940, No. 23 Family Law (Maintenance of Spouses and Children) Act, 1976 1976, No. 11 Finance Act, 1972 1972, No. 19 Harbours Act, 1946 1946, No. 9 Health Act, 1970 1970, No. 1 Insurance Act, 1989 1989, No. 3 Local Government Act, 1941 1941, No. 23 Maternity Protection of Employees Act, 1981 1981, No. 2 Pensions Act, 1990 1990, No. 25 Redundancy Payments Acts, 1967 to 1991 Social Welfare (Consolidation) Act, 1981 1981, No. 1 Social Welfare (Amendment) Act, 1981 1981, No. 3 Social Welfare Act, 1982 1982, No. 2 Social Welfare Act, 1983 1983, No. 6 Social Welfare Act, 1984 1984, No. 5 Social Welfare (No. 2) Act, 1985 1985, No. 14 Social Welfare Act, 1986 1986, No. 8 Social Welfare (No. 2) Act, 1987 1987, No. 29 Social Welfare Act, 1989 1989, No. 4 Social Welfare (No. 2) Act, 1989 1989, No. 12 Social Welfare Act, 1990 1990, No. 5 Social Welfare Act, 1991 1991, No. 7 Social Welfare Acts, 1981 to 1991 Status of Children Act, 1987 1987, No. 26 Vocational Education Act, 1930 1930, No. 29 Number 5 of 1992 SOCIAL WELFARE ACT, 1992 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1991, TO AMEND AND EXTEND THE PENSIONS ACT, 1990 , AND TO PROVIDE FOR CONNECTED MATTERS. [5th April, 1992] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary Short title, construction and collective citation.

1.—(1) This Act may be cited as the Social Welfare Act, 1992.

Part X

shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1992.

Definitions.

2.—In this Act— “the Principal Act” means the Social Welfare (Consolidation) Act, 1981 ; “the Act of 1981” means the Social Welfare (Amendment) Act, 1981 ; “the Act of 1990” means the Social Welfare Act, 1990 ; “the Act of 1991” means the Social Welfare Act, 1991 ; “the Pensions Act” means the Pensions Act, 1990 .

PART II

Increases Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 3 of the Act of 1991 and amended by subsection (1) of section 35 ) of the Second Schedule thereto of the Parts set out in Schedule A to this Act.

Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I and III (inserted by section 4 of the Act of 1991 ) of the Fourth Schedule thereto of the Parts set out in Schedule B to this Act.

Invalidity pension (increase where pensioner has attained age of 80 years).

5.—(1) Section 91 of the Principal Act is hereby amended by the insertion after subsection (5) (inserted by section 16 of the Act of 1981 ) of the following subsection: “(6) The weekly rate of invalidity pension shall be increased by £4.20 where the beneficiary has attained the age of 80 years.”.

Family income supplement (new weekly rates).

6.—(1) The Principal Act is hereby amended by the substitution for section 232B (inserted by section 7 of the Act of 1991 ) of the following section: “Entitlement to family income supplement.

232B.—Subject to this Part, an allowance (in this Part referred to as ‘family income supplement’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than— (a) in the case of a family which includes only one child, £155, or (b) in the case of a family which includes two children, £175, or (c) in the case of a family which includes three children, £195, or (d) in the case of a family which includes four children, £215, or (e) in the case of a family which includes five children, £240, or (f) in the case of a family which includes six children, £260, or (g) in the case of a family which includes seven children, £277, or (h) in the case of a family which includes eight or more children, £294.”.

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

7.—(1) Section 10 (1) of the Principal Act is hereby amended by— (a) the substitution in paragraph (c) of “£20,300” for “£19,300” (inserted by section 12 of the Act of 1991 ), and (b) the substitution in paragraph (cc) of “£19,000” for “£18,000” (inserted by section 12 of the Act of 1991 ).

Self-employment contributions (increase in earnings ceiling).

8.—(1) Section 17C (inserted by section 13 of the Act of 1991 ) of the Principal Act is hereby amended by the substitution in paragraph (d) of “£19,000” for “£18,000”.

Pay-related benefit.

9.—(1) Section 73 of the Principal Act is hereby amended by the substitution of “£78” for “£75” (inserted by section 16 of the Act of 1991 ).

PART III

Pension Schemes Old age (contributory) pension (alternative method of determining yearly average).

10.—(1) Section 78 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection: “(3) In this Chapter— ‘yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either— (a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of July, 1953, in case the claimant is a woman, or (b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of July, 1953, in the case of a woman), (whichever is the later) and ending at the end of the last complete contribution year before the date of his attaining pensionable age; ‘alternative yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining pensionable age.”.

Retirement pension (alternative method of determining yearly average).

11.—(1) Section 83 of the Principal Act is hereby amended by the substitution for subsection (4) of the following subsection: “(4) In this Chapter— ‘yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either— (a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of July, 1953, in case the claimant is a woman, or (b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of July, 1953, in the case of a woman), (whichever is the later) and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years; ‘alternative yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years.”

Widow's (contributory) pension (extension of automatic entitlement).

12.—Section 92 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “(1) Subject to this Act, a widow shall be entitled to a widow's (contributory) pension— (a) if the contribution conditions set out in section 93 are satisfied by her or by her husband's insurance, or (b) if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 81 (1) or section 86 (1) in respect of a period ending on his death, or (c) if her husband would have been entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 81 (1) or section 86 (1), but for the receipt by that woman of a pension under Chapter 3 of Part III or a carer's allowance under Chapter 5B of Part III in her own right, in respect of a period ending on his death.”.

Proceeds derived from sale of pensioner's principal residence exempt from assessment of means.

13.—(1) The Third Schedule to the Principal Act is hereby amended by the substitution for Rule 1A (inserted by section 35 of the Act of 1990 and in this section referred to as the “existing Rule”) of the following Rule: “1A. (1) Notwithstanding the provisions of this Schedule, for the purposes of old age pension, the gross proceeds derived from the sale of the principal residence of the claimant or pensioner, or, in the case of a married couple who are living together, the spouse of the claimant or pensioner where such spouse has attained pensionable age, shall not, subject— (a) to such limit, (b) to such conditions, (c) in such circumstances, and (d) for such periods, as shall be prescribed, be taken into account in calculating the means of the claimant or pensioner.

Living alone circumstances to be specified in regulations.

14.—Section 2 (2) of the Principal Act is hereby amended by the insertion after paragraph (d) of the following paragraph: “(e) the circumstances in which a person is to be regarded as living alone shall be specified in regulations.”.

Orphan's pension schemes.

15.—(1) Section 2 (1) of the Principal Act is hereby amended by— (a) the substitution for the definition of “orphan” of the following definition: “‘orphan’ means a qualified child— (a) both of whose parents are dead, or (b) one of whose parents is dead or unknown, as the case may be, and whose other parent— (i) is unknown, or (ii) has abandoned him, or (iii) has refused or failed to provide for him, where that child is not normally residing with a step-parent or with a person who is married to and living with that step-parent;”, and (b) the substitution for subparagraph (ii) of paragraph (b) of the definition of “qualified child” (inserted by section 6 of the Act of 1991) of the following subparagraph: “(ii) sections 50 (9), 52 (1), 81 (2), 86 (2), 91 (2), 95 (1), 96, 103 (1), 156B (1) (b), 161 (1), 178 (1), 182 (1), 198C (1), 1981(1) and 232A, and”.

Increases for qualified children.

16.—(1) Section 50 of the Principal Act is hereby amended by the substitution for subsection (9) (inserted by section 2 of the Social Welfare Act, 1982 ) of the following subsection: “(9) The weekly rate of pension under subsection (2) or (6) shall be increased by the appropriate amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

Definition of “spouse” in relation to certain pensions.

17.—The Principal Act is hereby amended by— (a) the insertion in section 157 (as amended by section 7 of the Social Welfare Act, 1989 and section 16 of this Act) before the definition of “weekly means” of the following definition: “‘spouse’ means each person of 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;”, and (b) the insertion in paragraph (d) (inserted by section 15 of the Social Welfare (No. 2) Act, 1985 ) of section 162 (1) after “or this Part” of “, subject to the restriction that the pensioner shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person”.

Amendment of Third Schedule to Principal Act (rules as to calculation of means).

18.—The Third Schedule to the Principal Act is hereby amended by— (a) the insertion after paragraph (4) of Rule 1 of the following proviso: “Provided that, where such income is attributable to a period prior to the year immediately preceding the date of calculation but is received in a subsequent year, it shall be regarded for the purposes of this paragraph as having been received in the year to which it is attributable.”, (b) the insertion after paragraph (2) of Rule 2 of the following paragraph: “(3) In the case of a person to whom paragraph (1) applies, where the income or the yearly value of the property taken to be part of his means for the purposes of that paragraph has reduced since the date of calculation, the calculation may be revised, subject to such conditions and in such circumstances as may be prescribed, but regulations made under this paragraph shall not cause the income or the yearly value of the property taken to be part of his means to be increased.”, (c) the substitution for Rule 3 (as amended by section 18 of the Act of 1990) of the following Rule: “3. (1) In the case of pensions under Chapter 3 or a carer's allowance under Chapter 5B of Part III, the following provisions shall have effect when calculating the means of a person who is one of a couple living together— (a) the means of the person shall be taken to be one-half of the total means of the couple; (b) the person shall be deemed to be entitled to one-half of all property to which the person or the other member of the couple is entitled or to which the person and the other member of the couple are jointly entitled; (c) for the purposes of this Rule, the means of each member of the couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate or carer's allowance, as the case may be) and the total means shall be the sum of the means of each member as so determined; (d) where one member of the couple dies, nothing which was reckoned for the purposes of pension, or would (if such deceased member had beenentitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period previous or part of which was previous to that death.

PART IV

Maternity Allowance Maternity allowance.

19.—(1) The Principal Act is hereby amended by the substitution for Chapter 3 of Part II of the following Chapter: “CHAPTER 3 Maternity Allowance Title to and duration of allowance.

24.—(1) Subject to this Act, a woman shall be entitled to a maternity allowance if— (a) it is certified by a registered medical practitioneror otherwise to the satisfaction of the Minister that it is to be expected that she will be confined in a week specified in the certificate (hereafter in this section referred to as ‘the expected week of confinement’), not being more than the prescribed number of weeks after that in which the certificate is given, and (b) she is, immediately before the first day of maternity leave, an employed contributor, or it is certified by her employer that she may resume employment after the end of the period of maternity leave, where such employment is an employment specified in Part I of the First Schedule and is not an employment specified in Part II of that Schedule, and (c) she satisfies the contribution conditions in section 25.

Provided that, in any case where the date of confinement occurs after the expected date of confinement, the period for which maternity allowance is payable shall not exceed 18 weeks.

Conditions for receipt.

25.—(1) The contribution conditions for maternity allowance are— (a) (i) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with her entry into insurance and ending immediately before the first day of maternity leave, and (ii) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the first day of maternity leave occurs or in a subsequent complete contribution year before the first dayof maternity leave, or (b) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately preceding the first day of maternity leave.

Rate of allowance.

26.—(1) Subject to this Act, the weekly rate of maternity allowance shall be an amount equal to— (a) 70 per cent. of the reckonable weekly earnings of the woman to whom the allowance is payable in the income tax year prescribed for the purposes of this section, or (b) such amount as shall be prescribed, whichever is the greater.

Disqualifications.

27.—Regulations may provide for disqualifying a woman for receiving a maternity allowance if— (a) during the period for which the allowance is payable, she engages in any occupation other than domestic duties in her own household, or (b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with the regulations.

Supplementary provisions.

28.—(1) In this Chapter— (a) ‘confinement’ means labour resulting inthe issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead, and ‘confined’ shall be construed accordingly, and (b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if a woman is confined of twins or a greater number of children, to the date of the issue of the last of them.

PART V

Liability to Maintain Family Amendment of section 314 of Principal Act.

20.—Section 314 (1) (inserted by section 12 of the Social Welfare Act, 1989 ) of the Principal Act is hereby amended by— (a) the insertion after the definition of “allowance” of the following definitions: “‘antecedent order’ means— (a) an order under section 316 (4), (b) an order under section 316 (5) (insofar as it isdeemed to be an order under section 17 of the Enforcement of Court Orders Act, 1926 ), or (c) an order under section 316 (5) (insofar as it is deemed to be an order under section 5 of the Enforcement of Court Orders Act, 1940 ); ‘attachment of earnings order’ means an order under section 316A;”, (b) the insertion after the definition of “competent authority” of the following definition: “‘earnings’ means any sums payable to a person— (a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service), (b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);”, and (c) the substitution for the definition of “order of the Court” of the following definition: “‘order of the Court’ means a maintenance order, a lump sum order, a variation order or an interim order under the Act of 1976, an order under section 10 of that Act or an order of the Court made on foot of a separation agreement.”.

Amendment of section 316 of Principal Act.

21.—Section 316 (inserted by section 12 of the Social Welfare Act, 1989 ) of the Principal Act is hereby amended by— (a) the insertion in subsection (2) after “subsection (1)” of “(subsequently referred to in this Part as the ‘liable relative’)”, (b) the substitution in subsections (2), (3) and (4) for “the person liable to contribute” of “the liable relative” in each place in which it occurs, (c) the substitution in subsection (4) for “the person so liable” of “the liable relative”, and (d) the insertion after subsection (4) of the following subsections: “(5) An order made by the District Court under subsection (4) shall, for the purposes of its variation or enforcement, be deemed to be an order for payment by instalments made under section 17 of the Enforcement of Court Orders Act, 1926 , and the said section 17 shall be construed accordingly.

Provided that any such application made by either party be notified to the other party in advance.

Insertion of sections 316A to 316J in Principal Act.

22.—The Principal Act is hereby amended by the insertion after section 316 (inserted by section 12 of the Social Welfare Act, 1989 ) of the following sections: “Attachment of earnings order.

316A.—(1) (a) On application to the District Court by a competent authority on whose application the District Court has made an antecedent order, the Court may, to secure payments under the antecedent order, if it is satisfied that the liable relative is a person to whom earnings fall to be paid, make an attachment of earnings order. (b) References in paragraph (a) to an antecedent order made by the District Court shall include references to such an order made, varied or affirmed on appeal from that Court.

Obligations on employer in relation to attachment of earnings order.

316B.—(1) Where an attachment of earnings order or an order varying it is made, the employer for the time being affected by it shall, if it has been served upon him, comply with it; but he shallbe under no liability for non-compliance therewith before ten days have elapsed since the service.

Payments under attachment of earnings order.

316C.—Any payments made to a District Court clerk under an attachment of earnings order shall, when transmitted by him to the competent authority entitled to receive those payments, be deemed to be payments made by the liable relative so as to discharge any sums payable under the relevant antecedent order.

Powers of District Court.

316D.—(1) In relation to an attachment of earnings order or an application for such an order, the District Court that made the order or to which the application is made may, before or at the hearing or while the order is in force— (a) order the liable relative to give to the District Court, within a specified period, a statement in writing signed by him containing— (i) the name and address of any person by whom earnings are paid to him, (ii) specified particulars as to his earnings and expected earnings and as to his resources and needs, and (iii) specified particulars for enabling the liable relative to be identified by any employer of his, and (b) order that any person appearing to the District Court to have the liable relative in his employment to give to theCourt, within a specified period, a statement signed by that person, or on his behalf, containing specified particulars of the liable relative's earnings and expected earnings.

Changes in employment.

316E.—Where an attachment of earnings order is in force— (a) the liable relative shall notify in writing the District Court that made the order of every occasion on which he leaves any employment, or becomes employed or re-employed, not later (in each case) than ten days from the date on which he does so, (b) the liable relative shall, on any occasion on which he becomes employed or re-employed, include in his notification under paragraph (a) particulars of his earnings and expected earnings from the relevant employment, (c) any person who becomes an employer of the liable relative and knows that the order is in force and by what Court it was made shall, within ten days of his becoming the liable relative's employer or of acquiring that knowledge (whichever is the later), notify the District Court in writing that he is the liable relative's employer, and include in his notification a statement of the liable relative's earnings and expected earnings, and (d) any person who is an employer of the liable relative and knows that the order is in force and by what Court it was made shall, within ten days of such occurence notify the competent authority and the District Court in writing of any increase in earnings paid to the liable relative.

Determinations by District Court.

316F.—(1) Where an attachment of earnings order is in force, the District Court that made the order shall, on the application of the employer concerned or the liable relative or competent authority to whom payments are being made under the order, determine whether payments (or any portions thereof) to the liable relative of a particular class or description specified by the application are earnings for the purpose of the order, and the employer shall give effect to any determination for the time being in force under this section.

Liable relative in service of State.

316G.—(1) Where a liable relative is in the service of the State, a local authority for the purposes of the Local Government Act, 1941 , a harbour authority within the meaning of the Harbours Act, 1946 , a health board, a vocational education committee established by the Vocational Education Act, 1930 , or a committee of agriculture established by the Agriculture Act, 1931 , or is a member of either House of the Oireachtas— (a) in a case where a liable relative in the service of the State is employed in a department, office, organisation, service, undertaking or other body, its chief officer (or such other officer as the Minister of the Government by whom the department, office, organisation, service, undertaking or other body is administered by may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his employment, (b) in a case where a liable relative is in the service of such an authority, board or committee, its chief officer shall, for the purposes of this Act, be regarded as having the liable relative in his employment, (c) in any other case, where a liable relative is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary of the Department of Finance (or such other officer of the Minister for Finance as that Minister may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his employment, and (d) any earnings of a liable relative paid out of the Central Fund or out of moneys provided by the Oireachtas shall be regarded as paid by the chief officer referred to in paragraph (a) or (b), as the case may be, the Secretary of the Department of Finance or such other officer as may be designated under paragraph (a) or (c), as the case may be, as may be appropriate.

Discharge, variation or lapse of attachment of earnings order.

316H.—(1) The District Court that made an attachment of earnings order may, if it thinks fit, on the application of the competent authority, the liable relative, or the District Court clerk on whose application the order was made, make an order discharging or varying that order.

Cesser 316I.—(1) An attachment of earnings order shall cease to have effect upon the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge.

Offences.

316J.—(1) When, without reasonable excuse, a person— (a) fails to comply with subsection (1) or (2) of section 316B or section 316E or an order under section 316D or section 316H (2), or (b) gives to a court a statement pursuant to section 316D (1), or a notification under section 316E, that is false or misleading, or fails to give any statement, and the competent authority as a result fails to obtain a sum of money due under an attachment of earnings order, that sum may be sued for as a simple contract debt in any court of competent jurisdiction by the competent authority or the District Court clerk to whom such sum falls to be paid, and that court may order the person to pay to the competent authority or the District Court clerk, as appropriate, such amount (not exceeding the sum aforesaid) as in all the circumstances the court considers proper for distribution in such manner and in such amounts as the court may specify to the competent authority for whose benefit the attachment of earnings order was made.

Amendment of section 318 of Principal Act.

23.—Section 318 (inserted by section 12 of the Social Welfare Act, 1989 ) is hereby amended by— (a) the deletion in subsection (1) of “Subject to subsection (2),”, (b) the substitution for subsection (2) of the following subsection: “(2) A person who claims a benefit or allowance may be required by the competent authority to consent to the transfer to the competent authority of payments made to that person in compliance with an order of the court, such transfer to be conditional on the award of benefit or allowance to that person.”, and (c) the substitution in subsection (3) for “subsections (1) and (2)” of “subsection (1)”.

Amendment of section 319 of Principal Act.

24.—Section 319 (inserted by section 12 of the Social Welfare Act, 1989 ) of the Principal Act is hereby amended by the substitution in subsections (1), (2) and (3) for “a person liable to contribute under section 316 (1)” of “a liable relative” in each place in which it occurs.

PART VI

Deserted Wife's Benefit Deserted wife's benefit (title to benefit).

25.—(1) Section 100 of the Principal Act is hereby amended by— (a) the insertion in subsection (1) after paragraph (b) of the following paragraph: “(bb) does not have an aggregate of reckonable income and reckonable earnings in excess of a prescribed amount in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate,”, and (b) the substitution for subsection (2) of the following subsection: “(2) The circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband shall be specified in regulations.”.

Deserted wife's benefit (conditions for receipt) 26.—(1) Section 101 of the Principal Act is hereby amended by— (a) the substitution for subsection (2) of the following subsection: “(2) In this section ‘relevant time’ means— (a) the date on which the husband attained pensionable age or the date before he attained that age on which he and his spouse are determined to have commenced living apart from one another, or (b) if the conditions are being satisfied on the woman's insurance record— (i) if she attained pensionable age before the date on which she is determined to have commenced living apart from her husband, the date on which she attained that age, or (ii) the date on which she is determined to have commenced living apart from her husband.”, and (b) the substitution for subsections (4) and (5) of the following subsections: “(4) Subject to subsection (5), regulations may provide for entitling to deserted wife's benefit a woman who would be entitled thereto but for the fact that— (a) she has an aggregate of reckonable income and reckonable earnings, in excess of an amount prescribed for the purposes of section 100 (1) (bb) in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, or (b) the contribution condition set out in subsection (1) (b) is not satisfied.

PART VII

Unemployment Payment Schemes Substitution for Chapter 2, Part III of Principal Act.

27.—(1) The Principal Act is hereby amended by the substitution for Chapter 2 (in this section referred to as “the existing Chapter”) of Part III of the following Chapter: “CHAPTER 2 Unemployment Assistance Interpretation.

135.—(1) In this Chapter— ‘recipient’ means a person entitled to unemployment assistance; ‘social welfare officer’ means a person appointed by the Minister under section 141 (1) to be a social welfare officer for the purposes of this Chapter; ‘trade dispute’ has the meaning assigned to it by section 35 (6); ‘weekly means’ shall be the yearly means divided by 52:

Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.

Entitlement to unemployment assistance.

136.—(1) Subject to this Act, a person shall be entitled to unemployment assistance in respect of any day of unemployment in a continuous period of unemployment if— (a) he has attained the age of 18 years and has not attained pensionable age, (b) he has made application for unemployment assistance in the prescribed manner and within the prescribed time, (c) he proves unemployment in the prescribed manner, (d) he is capable of work, (e) he is, or by reason of his participation in an activity prescribed for the purposes of this subsection and, subject to such conditions as may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, (f) he is genuinely seeking, but is unable to obtain, employment suitable for him having regard to his age, sex, physique, education, normal occupation, place of residence and family circumstances, and (g) he satisfies the conditions as to means specified for the purposes of this Chapter.

Rates of unemployment assistance and effect of means on rates.

137.—(1) Subject to this section and to sections 138 and 139, the rate (in this Chapter referred to as ‘the scheduled rate’) of unemployment assistance shall be— (a) in the case of a person who, in any continuous period of unemployment as construed in accordance with section 136 (3), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days, the weekly rate set out in column (2) at reference 1 (a) in Part I of the Fourth Schedule, (b) in any other case, the weekly rate set out in column (2) at reference 1 (b) in Part I of the Fourth Schedule, increased by— (i) the amount set out in column (3) of that Part opposite that reference for any period during which the applicant or recipient has an adult dependant, subject to the restriction that the applicant or recipient shall not be entitled for the same period to an increase of assistance under this subparagraph in respect of more than one person, and (ii) the appropriate amount set out in column (4) or (5) of that Part opposite that reference in respectof each qualified child who normally resides with the applicant or recipient.

Provided that, if the weekly means of the applicant or recipient are equal to or exceed the scheduled rate, no unemployment assistance shall be payable.

Total amount payable to couple.

138.—(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 this Chapter 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.

Amount of increases payable in respect of qualified child normally resident with applicant in certain cases.

139.—(1) Any increase of unemployment assistance payable pursuant to subparagraph (ii) of section 137 (1) in respect of a qualified child who normally resides with the applicant or recipient and with the spouse of the applicant or recipientshall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the applicant or recipient is not an adult dependent, and subparagraph (ii) of section 137 (1) shall be construed and have effect accordingly.

Disqualifications.

140.—(1) A person shall be disqualified for receiving unemployment assistance while he is— (a) resident, whether temporarily or permanently, outside the State, or (b) undergoing penal servitude, imprisonment or detention in legal custody, or (c) an inmate of an institution maintained wholly or partly out of public moneys or by a local authority, or (d) in receipt of or entitled to disability benefit, maternity allowance, unemployment benefit, retirement pension or invalidity pension under Part II or pre-retirement allowance, blind pension or carer's allowance under Part III, or (e) employed during any week under a scheme administered by an Foras Áiseanna Saothair and known as the Social Employment Scheme.

Provided that any such regulations shall not cause a person to receive both unemployment benefit and unemployment assistance or to receive both unemployment assistance and pay-related benefit in respect of the same day or days.

Provided that the foregoing provisions of this subsection shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

Appointment of social welfare officers.

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

False statements and offences.

142.—(1) If, for the purpose of obtaining or establishing entitlement to any payment of unemployment assistance for himself or for any other person, or of avoiding the making by himself or any other person of any repayment under this Chapter, any person makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or conceals any material fact, he shall be guilty of an offence under this section and shall be liable— (a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding one year or to both, or (b) on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 3 years or to both.

Information to be furnished by employers to Minister.

143.—(1) An employer shall furnish to the Minister in writing in respect of any person who is or was in his employment such particulars, including particulars as to periods of employment, as are required by the Minister to enable determination or review of a claim to any unemployment assistance by or in respect of that person.

Notification of increase in means.

144.—(1) Where a person is in receipt of unemployment assistance or has made an application for unemployment assistance which has not been finally determined, and his means have increased since the date of latest investigation thereof, or if no such investigation has taken place since the date of making the claim, the person shall, within 7 days of such increase in means, give or cause to be given to the Minister notification of the increase.

Overpayments.

145.—(1) Every payment of unemployment assistance received by any person while he was disqualified for receiving unemployment assistance or while the statutory conditions relating to such a payment were not complied with by him or which he was otherwise disentitled to receive or any amount received which was in excess of that which he was entitled to shall be repayable by such person to the Minister on demand made in that behalf by a deciding officer and, if not so repaid, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of unemployment assistance to which such person subsequently becomes entitled.

Calculation of means.

146.—(1) In the calculation of the means of a person for the purposes of this Chapter, the following things and no other things shall be deemed to constitute the means of a person— (a) the yearly value ascertained in the prescribed manner of all property belonging to him or to his spouse (not being property personally used or enjoyed by him or by his spouse or a farm of land leased either by him or by his spouse under a lease which was certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or otherwise put to profitable use or is capable of being, but is not, invested or put to profitable use; (b) all income which he or his spouse may reasonably expect to receive during the succeeding year in cash, whether as contributions to the expenses of the household or otherwise, but excluding— (i) all moneys earned by his spouse from insurable employment and insurable self-employment, (ii) any moneys received by way of disability benefit, maternity allowance, unemployment benefit, unemployment assistance, supplementary welfare allowance, child benefit or family income supplement, (iii) any income arising from a bonus under a scheme administered by the Minister for the Gaeltacht for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht (as defined in such scheme) of children attending primary schools, (iv) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFogh-laimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident, (v) an amount of an allowance, dependent's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, or a combination of such allowances and such pensions so far as such amount does not exceed £80 per year, (vi) any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them, (vii) any income arising from employment of a casual nature by a health board as a home help, (viii) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

(ix) any moneys, except so far as they exceed £104 per year, received by such person or by the spouse of such person in respect of work as an outworker under a scheme that is, in the opinion of the Minister, charitable in character and purpose, (x) where he or his spouse is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived there-from as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year, (xi) payments by a health board in respect of a child who is boarded out, (xii) any moneys received under a statutory scheme administered by the Minister for Labour in respect of redundancy or by way of financial assistance to unemployed persons changing residence; (c) the yearly value ascertained in the prescribed manner of any advantage accruing to him or to his spouse from— (i) the use of property (other than a domestic dwelling or farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by him or by his spouse, and (ii) the leasing by him or by his spouse of a farm of land under a lease which was certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice; (d) all income and the yearly value ascertained in the prescribed manner of allproperty of which he or his spouse have directly or indirectly deprived themselves in order to qualify for the receipt of unemployment assistance, but where such income or the yearly value of the property so ascertained has reduced since the date of calculation, the calculation may be revised, subject to such conditions and in such circumstances as may be prescribed:

Provided that any such regulations shall not cause the income or yearly value of the property taken to be part of the means to be increased; (e) the yearly value of any benefit or privilege enjoyed by him or by his spouse, including the estimated value to the household in the succeeding year deriving from all income earned by his spouse from insurable employment and insurable self-employment; and (f) all moneys earned by him from insurable employment and insurable self-employment.

Administration of unemployment assistance.

147.—(1) Provision may be made by regulations as to the time and manner of payment of unemployment assistance, and as to the information and evidence to be furnished by applicants and recipients when applying for payment of unemployment assistance.

Provided that in no case shall the amount to be dealt with in this manner exceed the total amount payable less the amount payable by virtue of section 137 (1) (i), (c) for the appointment of a person to receive on behalf of an applicant for or a recipient of unemployment assistance who dies any sums payable by way of unemployment assistance to or in respect of such applicant or recipient.

(3)

Section 21

of the Social Welfare (No. 2) Act, 1985 and section 22 of the Social Welfare Act, 1989 , in so far as they relate to unemployment assistance, shall cease to have effect.

Unemployment benefit (title to benefit).

28.—(1) Section 29 of the Principal Act is hereby amended by the substitution for subsection (1) (as amended by section 50 of the Act of 1991 and in this section referred to as the “existing subsection”) of the following subsections: “(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Part referred to as a ‘day of unemployment’) which forms part of a period of interruption of employment, if— (a) he is under pensionable age on the day for which the benefit is claimed, and (b) he proves unemployment in the prescribed manner, and (c) he satisfies the contribution conditions in section 30, and (d) he has sustained a substantial loss of employment in any period of 6 consecutive days. (1A) The circumstances in which a person is to be regarded, for the purposes of this Chapter, as having sustained a substantial loss of employment shall be specified in regulations, and different circumstances may be specified for different provisions of this Chapter.”.

Amendment of section 35 of Principal Act (disqualification for unemployment benefit).

29.—(1) Subsection (3) (as amended by section 31 ) of section 35 of the Principal Act is hereby amended by— (a) the insertion after paragraph (d) of the following paragraph: “(e) being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts, 1967 to 1991, has been dismissed by his employer by reason of redundancy, has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of that redundancy under the said Acts or under an agreement with his employer,”, and (b) the substitution for “failure or neglect” of “failure, neglect or redundancy”.

Title to pay-related benefit.

30.—Section 72 of the Principal Act is hereby amended by the substitution for subsection (3) (inserted by section 7 of the Social Welfare Act, 1983 ) of the following subsection: “(3) Notwithstanding subsection (1), a person engaged in— (a) short-time employment, or (b) employment in a period of interruption of employment, in which for the time being, a number of days is systematically worked in a period of 4 consecutive weeks, which is less than the number of days which was normal in the employment concerned prior to the reduction in the number of days of employment:

Provided that the number of days worked is equal to, or exceeds half of the number of days which would have been normally worked in that four week period, shall not be entitled to pay-related benefit for any day in respect of which he is entitled to unemployment benefit.”.

Unemployment benefit (period of disqualification).

31.—(1) Section 34 of the Principal Act is hereby amended by the insertion after subsection (10) (inserted by section 14 of the Social Welfare Act, 1989 ) of the following subsection: “(11) For the purposes of this section, any period in respect of which a person is disqualified for receiving unemployment benefit by virtue of subsection (3) of section 35 shall be treated as though it were a period in respect of which unemployment benefit was paid.”.

PART VIII

Disability and Occupational Injury Benefit Qualifying conditions for disability benefit.

32.—(1) Section 19 of the Principal Act is hereby amended by the substitution for subsection (1) (as amended by section 17 of the Act of 1991) of the following subsections: “(1) The contribution conditions for disability benefit are— (a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and (b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed. (1A) Regulations may provide for entitling to disability benefit, subject to such conditions as may be prescribed, such class or classes of persons as would be entitled thereto but for the fact that the requirement in paragraph (b) of subsection (1) that there must be qualifying contributions in respect of at least 13 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed is not satisfied.”.

Disability benefit (period of disqualification).

33.—Section 22 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection: “(2A) For the purposes of this section, any period in respect of which a person is disqualified for receiving disability benefit by virtue of subsection (1) of section 23 shall be treated as though it were a period in respect of which disability benefit was paid.”.

Discontinuance of pay-related benefit for periods of incapacity for work.

34.—(1) Section 72 of the Principal Act is hereby amended by— (a) the substitution for subsection (1) (as amended by section 11 of the Social Welfare (No. 2) Act, 1987 ) of the following subsection: “(1) Subject to this Chapter, a person who had reckonable earnings in the relevant income tax year shall be entitled to pay-related benefit in respect of any day which is a day of unemployment which forms part of a period of interruption of employment and in respect of which the person is entitled to unemployment benefit and which is not earlier than the 19th day of unemployment in the period of interruption of employment.”, and (b) the deletion of subsection (2).

Injury benefit (weekly rates).

35.—(1) Part I (inserted by section 3 of the Act of 1991) of the Second Schedule to the Principal Act is hereby amended by the substitution for “£65” of “£50” in column (2) at reference 3.

PART IX

Miscellaneous Carer's allowance.

36.—Section 198G (1) of the Principal Act is hereby amended by the substitution for the definition of “relevant pensioner” (inserted by section 8 of the Act of 1991) of the following definition: “‘relevant pensioner’ means a person (other than a person in receipt of a payment in respect of need for constant attendance under section 46) who is so incapacitated as to require full-time care and attention, and who— (a) is in receipt of— (i) old age (contributory) pension, (ii) invalidity pension, (iii) old age (non-contributory) pension, (iv) blind pension, (v) a maintenance allowance under section 69 of the Health Act, 1970 , or (vi) a payment corresponding to a pension referred to in subparagraph (i) to a person who has attained pensionable age, or in subparagraph (ii) from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, or (b) is in receipt of a retirement pension or who has attained the age of 65 years and is in receipt of a payment corresponding to a retirement pension from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, where such person was, immediately prior to the receipt of such pension, in receipt of invalidity pension or a payment corresponding to an invalidity pension from another Member State of the European Communities or under such a reciprocal arrangement, or (c) who has attained pensionable age and is in receipt of— (i) death benefit by way of widow's or widower's pension, (ii) death benefit by way of parent's pension, (iii) retirement pension, (iv) widow's (contributory) pension, (v) deserted wife's benefit, (vi) widow's (non-contributory) pension, (vii) deserted wife's allowance, (viii) prisoner's wife's allowance, (ix) lone parent's allowance, or (x) a payment corresponding to a pension referred to in subparagraph (i), (ii), (iii) or (iv) from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307;”.

Integration of single woman's allowance scheme with preretirement allowance scheme.

37.—(1) The Principal Act is hereby amended by the repeal of— (a) paragraph (i) of section 134 (1), and (b) section 198.

Provided that she continues to satisfy the conditions as to means prescribed for the purposes of Chapter 2A of Part III of that Act.

Amendment of section 44 of Principal Act.

38.—Section 44 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection: “(3) Subsections (1) and (2) shall, for any period for which the beneficiary is entitled to unemployability supplement, apply to a disablement pension as they apply to injury benefit.”.

Family income supplement (regulations).

39.—Section 232F (inserted by section 13 of the Social Welfare Act, 1984 ) of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection: “(3) The Minister may by regulations vary— (a) the amounts specified in section 232B, and (b) the percentage rate specified in section 232C (1), but any such variation shall not reduce the amounts or the percentage rate applicable immediately before the commencement of such regulations.”.

Clarification of section 300 (5) (aa) of Principal Act (revised decisions).

40.—For the avoidance of doubt, the provisions of paragraph (aa) (inserted by section 35 of the Act of 1991) of section 300 (5) of the Principal Act shall apply to new facts or new evidence relating to periods prior to and subsequent to the commencement of that paragraph.

Administration of social welfare schemes.

41.—(1) The Minister may delegate to such persons as may be prescribed, any function in relation to the administration of any benefit, pension, assistance, allowance or supplement payable under the Principal Act as may be prescribed and any such delegation shall be subject to such conditions and in such circumstances as may be prescribed.

Selection of panels of assessors to sit with appeals officers.

42.—Section 298 of the Principal Act is hereby amended by the substitution for paragraph (b) (as amended by section 19 of the Act of 1990) of subsection (12) of the following paragraph: “(b) The Chief Appeals Officer may constitute, on the basis of districts or otherwise as he considers appropriate, panels of persons to sit as assessors with appeals officers and members may be selected in such manner as he may determine from such panels to so sit when any questionwhich, in the opinion of the Chief Appeals Officer, is appropriate for the assistance of assessors is heard.”.

Additional increases of lone parent's allowance to certain persons.

43.—Section 198C (inserted by section 12 of the Act of 1990) of the Principal Act is hereby amended by the insertion after subsection I (2) of the following subsection: “(3) The weekly rate of lone parent's allowance shall be increased— (a) by the amount set out in column (7) of Part I of the Fourth Schedule where the person entitled to the allowance has attained pensionable age and is living alone, and (b) by the amount set out in column (8) of Part I of the Fourth Schedule where the person entitled to the allowance has attained the age of 80 years.”.

Disqualification for entitlement to benefit where person is convicted of an offence.

44.—(1) Section 115 (1) of the Principal Act is hereby amended by the substitution for subparagraph (i) (as amended by section 31 of the Social Welfare Act, 1989 ) of paragraph (f) of the following subparagraph: “(i) A person convicted of an offence under this subsection in relation to a benefit shall be disqualified for the receipt of any benefit, or any assistance (other than supplementary welfare allowance), or family income supplement for a period of 3 months immediately following the date of the conviction and such period of disqualification shall be treated as if it were a period in respect of which any such benefit, assistance or supplement was paid.”.

Increase of fine under section 227 of Principal Act.

45.—Section 227 of the Principal Act is hereby amended by the substitution in subsection (3) (as amended by section 17 of the Social Welfare Act, 1986 ) of “£1,000” for “£5”.

Recoupment of supplementary welfare allowance.

46.—The Principal Act is hereby amended by the substitution for section 215B (inserted by section 44 of the Act of 1991) of the following section: “Recoupment of supplementary welfare allowance.

215B.—Where— (a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person who, though entitled to any other benefit, pension, assistance, allowance or supplement under this Act (in this section referred to as ‘relevant payment’), is not in receipt of such relevant payment, and (b) such supplementary welfare allowance is in excess of the amount which would have been granted to that person if hehad been in receipt of such relevant payment, and (c) the health board has certified to the Minister the amount (in this section referred to as ‘the excess’) so paid in excess in respect of the said period by such health board, the Minister may reduce any such benefit, pension, assistance, allowance or supplement, which is or may become payable to such person during the relevant continuous period of entitlement to the said benefit, pension, assistance, allowance or supplement, by the amount of the excess and such amount shall be treated as having been paid on account of the relevant payment.”.

Amendment of section 209 of Principal Act.

47.—(1) The Principal Act is hereby amended by the substitution for section 209 of the following section: “Weekly or monthly supplements.

209.—(1) Subject to this Chapter, in the case of a person whose means are insufficient to meet his needs, regulations may provide for a weekly or monthly payment to supplement that person's income.

Amendment of section 28 of Act of 1991 (information required by Minister).

48.—Section 28 of the Act of 1991 is hereby amended by the insertion after “For the purpose of” of “controlling and” and the said section, as so amended, is set out in the Table to this section.

TABLE 28.—For the purposes of controlling and investigating entitlement to any benefit, pension, assistance, allowance or supplement under the Principal Act or under schemes administered by or on behalf of the Minister for Social Welfare, the Minister may require such persons as may be prescribed to provide him with such information in relation to such persons or classes of persons as the Minister may determine and any person so prescribed shall be required to provide such information as may be required.

Amendment of section 4 of Social Welfare (No. 2) Act, 1985 (amounts of increases payable in respect of qualified child normally resident with beneficiary).

49.—

Section 4

of the Social Welfare (No. 2) Act, 1985 , is hereby amended by— (a) the deletion in subsection (1) of “Subject to subsection (2),”, and (b) the deletion of subsection (2).

Family income supplement (treating claims as having been made on a date earlier than date of receipt of claim).

50.—(1) The Principal Act is hereby amended by the insertion after section 232F (inserted by section 13 of the Social Welfare Act, 1984 , and amended by section 39 ) of the following section: “Receipt of claims.

232G.—(1) Regulations may provide for treating a claim for family income supplement as having been made on a date earlier than the date on which it is received, where it appears to the Minister that the claimant would have satisfied the conditions for entitlement to family income supplement during that period, but for the receipt by that person of unemployment benefit or unemployment assistance.