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 1. Short title, construction and collective citation. 2. Definitions. PART II Increases 3. Social insurance benefits (new rates). 4. Social assistance payments (new rates). 5. Invalidity pension (increase where pensioner has attained age of 80 years). 6. Family income supplement (new weekly rates). 7. Pay-related social insurance contributions (increase in earnings ceilings). 8. Self-employment contributions (increase in earnings ceiling). 9. Pay-related benefit. PART III Pension Schemes 10. Old age (contributory) pension (alternative method of determining yearly average). 11. Retirement pension (alternative method of determining yearly average). 12. Widow's (contributory) pension (extension of automatic entitlement). 13. Proceeds derived from sale of pensioner's principal residence exempt from assessment of means. 14. Living alone circumstances to be specified in regulations. 15. Orphan's pension schemes. 16. Increases for qualified children. 17. Definition of “spouse” in relation to certain pensions. 18. Amendment of Third Schedule to Principal Act (rules as to calculation of means). PART IV Maternity Allowance 19. Maternity allowance. PART V Liability to Maintain Family 20. Amendment of section 314 of Principal Act. 21. Amendment of section 316 of Principal Act. 22. Insertion of sections 316A to 316J in Principal Act. 23. Amendment of section 318 of Principal Act. 24. Amendment of section 319 of Principal Act. PART VI Deserted Wife's Benefit 25. Deserted wife's benefit (title to benefit). 26. Deserted wife's benefit (conditions for receipt). PART VII Unemployment Payment Schemes 27. Substitution for Chapter 2, Part III of Principal Act. 28. Unemployment benefit (title to benefit). 29. Amendment of section 35 of Principal Act (disqualification for unemployment benefit). 30. Title to pay-related benefit. 31. Unemployment benefit (period of disqualification). PART VIII Disability and Occupational Injury Benefit 32. Qualifying conditions for disability benefit. 33. Disability benefit (period of disqualification). 34. Discontinuance of pay-related benefit for periods of incapacity for work. 35. Injury benefit (weekly rates). PART IX Miscellaneous 36. Carer's allowance. 37. Integration of single woman's allowance scheme with pre-retirement allowance scheme. 38. Amendment of section 44 of Principal Act. 39. Family income supplement (regulations). 40. Clarification of section 300 (5) (aa) of Principal Act (revised decisions). 41. Administration of social welfare schemes. 42. Selection of panels of assessors to sit with appeals officers. 43. Additional increases of lone parent's allowance to certain persons. 44. Disqualification for entitlement to benefit where person is convicted of an offence. 45. Increase of fine under section 227 of Principal Act. 46. Recoupment of supplementary welfare allowance. 47. Amendment of section 209 of Principal Act. 48. Amendment of section 28 of Act of 1991 (information required by Minister). 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). 50. Family income supplement (treating claims as having been made on a date earlier than date of receipt of claim). 51. Sanction of Minister for Finance in relation to certain regulations. 52. Saving for certain instruments and documents. PART X Amendments to Pensions Act 53. Amendment of section 2 of Pensions Act. 54. Preserved benefit. 55. Amendment of section 34 of Pensions Act. 56. Amendment of section 46 of Pensions Act. 57. Amendment of section 48 of Pensions Act. 58. Amendment of section 55 of Pensions Act. 59. Amendment of section 56 of Pensions Act. 60. Amendment of section 62 of Pensions Act. 61. Repeals. 62. Amendment of section 71 of Pensions Act. 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. (2) The Social Welfare Acts, 1981 to 1991, and this Act, other than 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. (2) This section shall come into operation— (a) in so far as it relates to disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 27th day of July, 1992, (b) in so far as it relates to unemployment benefit, deserted wife's benefit, invalidity pension and retirement pension, on the 30th day of July, 1992, (c) in so far as it relates to death benefit under section 50, 51 or 52 of the Principal Act, old age (contributory) pension, survivor's benefit, widow's (contributory) pension and orphan's (contributory) allowance, on the 31st day of July, 1992. 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. (2) This section shall come into operation— (a) in so far as it relates to supplementary welfare allowance, on the 27th day of July, 1992, (b) in so far as it relates to unemployment assistance, on the 29th day of July, 1992, (c) in so far as it relates to pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, single woman's allowance, lone parent's allowance (other than lone parent's allowance payable in respect of a widow or widower) and carer's allowance, on the 30th day of July, 1992, and (d) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension, lone parent's allowance payable in respect of a widow or widower and orphan's (non-contributory) pension, on the 31st day of July, 1992. 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.”. (2) Subsection (1) shall come into operation on the 9th day of April, 1992. (3) Section 91 of the Principal Act is hereby further amended by the substitution for subsection (6) (inserted by subsection (1)) of the following subsection: “(6) The weekly rate of invalidity pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”. (4) Subsection (3) shall come into operation on the 30th day of July, 1992. 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.”. (2) This section shall come into operation on the 30th day of July, 1992. 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 ). (2) This section shall come into operation on the 6th day of April, 1992. 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”. (2) This section shall come into operation on the 6th day of April, 1992. 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 ). (2) This section shall have effect in relation to any period of interruption of employment commencing on or after the 6th day of April, 1992. 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.”. (2) Section 79 of the Principal Act is hereby amended by— (a) the substitution for paragraph (c) of subsection (1) of the following paragraph: “(c) that the claimant has a yearly average or an alternative yearly average of not less than 48.”, and (b) the substitution for subsections (7) and (8) of the following subsections: “(7) Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48. (8) Regulations under subsection (7) shall provide that old age (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 81 (1) or section 81 (2) shall be the same as if the claimant had a yearly average of not less than 48.” (3) This section shall apply only in the case of a person who attains pensionable age on or after the 6th day of April, 1992. 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.” (2) Section 84 of the Principal Act is hereby amended by— (a) the substitution for paragraph (c) of subsection (1) of the following paragraph: “(c) that the claimant has a yearly average or an alternative yearly average of not less than 48.”, and (b) the substitution for subsections (4) and (5) of the following subsections: “(4) Subject to subsection (5), regulations may provide for entitling to retirement pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48. (5) Regulations under subsection (4) shall provide that retirement pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 86 (1) or section 86 (2) shall be the same as if the claimant had a yearly average of not less than 48.” (3) This section shall apply only in the case of a person who attains the age of 65 years on or after the 6th day of April, 1992. 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. (2) Notwithstanding the provisions of this Schedule, for the purposes of— (a) widow's (non-contributory) pension, (b) deserted wife's allowance, (c) prisoner's wife's allowance, or (d) lone parent's allowance, where the claimant or recipient has attained pensionable age, the gross proceeds derived from the sale of the principal residence of the claimant or recipient shall not, subject— (i) to such limit, (ii) to such conditions, (iii) in such circumstances, and (iv) for such periods, as may be prescribed, be taken into account in calculating the means of the claimant or recipient. (3) In this Rule ‘gross proceeds derived from the sale of the principal residence’ means— (a) the agreed sale price of the residence, or (b) where the claimant or pensioner purchases alternative accommodation, the difference between the agreed sale price of the former residence and the agreed purchase price of the replacement residence. (4) Paragraphs (1) and (2) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.”. (2) Subsection (1) shall come into operation on such day or days as the Minister may appoint by order or orders and different days may be so appointed for the coming into operation of the subsection as respects different provisions of the Rule inserted in the Third Schedule to the Principal Act by the subsection and where an order under this subsection relates to part or parts only of that Rule, the order may provide for the repeal of specified provisions of the existing Rule on a specified day or days. 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”. (2) The following provisions of the Principal Act are hereby repealed: (a) subsection (4) of section 52, and (b) subsection (3) of section 97. 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.”. (2) The following provisions of the Principal Act are hereby repealed— (a) subsection (5) of section 81, (b) subsection (5) of section 86, (c) subsection (5) of section 91, (d) subsection (3) of section 100, and (e) the definition of “qualified child” in section 157. 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. (2) In paragraph (1) ‘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. (3) In calculating the means of a person who is one of a married couple living apart from his spouse, any sum paid by him to his spouse under a separation order shall be deducted in calculating his means.”, and (d) the substitution for Rule 4 (as amended by section 13 of the Act of 1990) of the following Rule: “4. Notwithstanding these Rules, where— (a) a pension under Chapter 3, 4 or 5A of Part III is in course of payment to or in respect of a person or the spouse of the person or both of them, and (b) a pension or pensions (in this Rule referred to as ‘the other pension’), not being a pension or pensions mentioned in paragraph (a), is in course of payment to or in respect of the person or the spouse of the person or both of them, in calculating the means of the person or of the spouse or of both of them for the purposes of Chapter 3, 4 or 5A (as the case may require) of Part III, any portion of the amount of an increase in the other pension or the aggregate increase, where more than one increase in the other pension has occurred, which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount by which the other pension has been increased, shall not be reckoned as means.”. 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. (2) In this Chapter ‘maternity leave’ means the period for which maternity allowance is payable in accordance with paragraph (a) or (b) of subsection (3), as the case may be. (3) Subject to this Chapter, the period for which maternity allowance is payable shall be— (a) the period of maternity leave to which a woman is entitled by virtue of section 8 of the Maternity Protection of Employees Act, 1981 (including any extension of that period by virtue of section 12 of that Act), or (b) in the case of a woman not so entitled to maternity leave, the period of 14 consecutive weeks beginning on such day as she selects, being not later than 4 weeks before the end of the expected week of confinement and shall end on such day as she selects, being not earlier than 4 weeks after the end of the expected week of confinement, but— (i) if the woman who is entitled to the allowance dies, the allowance shall not be payable for any subsequent week, or (ii) if the date of confinement occurs after the expected week of confinement, the allowance shall, subject to subparagraph (i), be payable until the expiration of the fourth week after the week in which that date occurs: 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. (4) Regulations may modify subsections (1) and (3) in relation to cases where— (a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined, and (b) no such certificate as is referred to in subsection (1) (a) has been given. (5) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to a maternity allowance and, accordingly, the amount payable by way of such allowance for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p, and being rounded to the nearest 10p where it is not a multiple of 5p or 10p. (6) For the purposes of subsection (3) (a), where the employment ceases (whether due to the death of the employer or otherwise) during the period of maternity leave, the woman shall continue to be treated as if the event which caused the cesser of employment had not occurred. (7) Regulations may provide for requiring an employer to furnish such information as may be required for the purposes of determining a claim for maternity allowance. 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. (2) Regulations may provide for modifications of the contribution conditions set out in subsection (1) but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House. 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. (2) The percentage specified in subsection (1) (a) may be varied by regulations having regard to— (a) movements in the annual average earnings of women, and (b) the imposition or variation of statutory deductions from or charges on earnings. (3) In this section ‘reckonable weekly earnings’ means the average amount, calculated in accordance with regulations, of reckonable earnings received in a week up to such limit as stands prescribed for the purposes of section 73. 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. (2) In deciding whether or not to make an order under section 21A of the Family Law (Maintenance of Spouses and Children) Act, 1976 (inserted by the Status of Children Act, 1987 ), in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity allowance.”. (2) Notwithstanding subsection (1) of this section, a woman who becomes entitled to maternity allowance payable by virtue of section 24 (2) (a) of the Principal Act before the commencement of this section, shall continue to be entitled to such allowance until the end of that period of entitlement to maternity allowance. (3) Section 21 of the Act of 1991 is hereby repealed. (4) Section 3 (4) (a) of the Principal Act is hereby amended by the substitution for “26B” (inserted by section 11 of the Social Welfare Act, 1986 ) of “26”. (5) This section shall come into operation on such day or days as the Minister may appoint by order or orders and different days may be so appointed for different provisions of this section. 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. (6) The District Court may, on the application of either the liable relative or the competent authority, vary in accordance with the provisions of section 5 of the Enforcement of Court Orders Act, 1940 , an order made by it under subsection (4) and the said section 5 shall, with any necessary modifications, be construed accordingly: Provided that any such application made by either party be notified to the other party in advance. (7) The District Court may, on application by the competent authority in whose favour an order was made under subsection (4) for an order for the arrest and imprisonment of the debtor under section 6 of the Enforcement of Court Orders Act, 1940 , proceed in accordance with the provisions of the said section 6. (8) The provisions of— (a) section 4 (1) (inserted by section 3 (3) of the Courts (No. 2) Act, 1986 ) of the Enforcement of Court Orders Act, 1940 (which relates to the duration of instalment orders), and (b) section 5 (4) (inserted by section 3 of the Courts (No. 2) Act, 1986 ) of the Enforcement of Court Orders Act, 1940 (which relates to the duration of variation orders), shall not apply to orders made under subsection (4) of this section.”. 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. (2) An attachment of earnings order shall be an order directed to a person who (at the time of the making of the order or at any time thereafter) has the liable relative in his employment and shall operate as a direction to that person to make, at such times as may be specified in the order, periodical deductions of such amounts (specified in the order) as may be appropriate, having regard to the normal deduction rate (within the meaning of subsection (4) (a)) and the protected earnings rate (within the meaning of subsection (4) (b)), from the liable relative's earnings and to pay theamounts deducted at such times as the Court may order to the District Court clerk specified by the attachment of earnings order for transmission to the person or competent authority entitled to receive payments made under the relevant antecedent order. (3) An attachment of earnings order shall not be made without the consent of the liable relative, unless the District Court is satisfied that the liable relative has, without reasonable excuse, defaulted in the making of any payment under the relevant antecedent order. (4) An attachment of earnings order shall— (a) specify the normal deduction rate, that is to say, the rate at which the District Court considers it reasonable that the earnings to which the order relates should be applied in satisfying the relevant antecedent order, not exceeding the rate appearing to the District Court to be necessary for the purpose of— (i) securing payment of the sums falling due from time to time under the relevant antecedent order, and (ii) securing payment within a reasonable period of any sums already due and unpaid under the relevant antecedent order, (b) specify the protected earnings rate, that is to say, the rate below which, having regard to the resources and the needs of the liable relative, the District Court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order, and (c) contain, so far as they are known to the District Court, such particulars as it considers appropriate for the purpose of enabling the liable relative to be identified by the person to whom the order is directed. (5) Payments under an attachment of earnings order shall be in lieu of payments of the like total amount under the relevant antecedent order that have not been made and that, but for the attachment of earnings order, would fall to be made under the relevant antecedent order. 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. (2) Where an attachment of earnings order is served on any person and the liable relative is not in his employment or the liable relative subsequently ceases to be in his employment, that person shall (in either case) within ten days from the date of service or, as the case may be, the cesser, give notice of that fact to the District Court. (3) On any occasion when a person makes, in compliance with an attachment of earnings order, a deduction from a liable relative's earnings, he shall give to the liable relative a statement in writing of the total amount of the deduction. (4) Such court registrar or court clerk as may be specified by an attachment of earnings order shall cause the order to be served on the employer to whom it is directed and on any subsequent employer of the liable relative concerned of whom the registrar or clerk so specified becomes aware and such service may be effected by leaving the order or a copy of the order at, or sending the order or a copy of the order by registered prepaid post to, the residence or place of business in the State of the person to be served. 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. (2) Notice of an application for an attachment of earnings order served on a liable relative may include a requirement that he shall give to the District Court, within the period and in the manner specified in the notice, a statement in writing of the matters referred to in paragraph (a) of subsection (1) and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order. (3) In any proceedings in relation to an attachment of earnings order, a statement given to the District Court in compliance with an order under paragraph (a) or (b) of subsection (1) or with a requirement under subsection (2) shall be admissible as evidence of the facts stated therein, and a document purporting to be such a statement shall be deemed, unless the contrary is shown, to be a statement so given. 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. (2) Where an application under this section is made by the employer, he shall not incur any liability for non-compliance with the order as respects any payments (or any portions thereof) of the class or description specified by the application which are made by him to the liable relative while the application or any appeal in consequence thereof or any decision in relation to the application or appeal is pending, but the foregoing provisions of this subsection shall not, unless the District Court otherwise orders, apply as respects such payments (or any portions thereof) if the employer subsequently withdraws the application or, as the case may be, abandons the appeal. 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. (2) If any question arises in proceedings for or arising out of an attachment of earnings order as to what department, office, organisation, service, undertaking or other body a liable relative in the service of the State is employed in for the purposes of this section, the question may be referred to and determined by the Minister for Finance. (3) A document purporting to contain a determination of the Minister for Finance under subsection (2) and to be signed by an officer of the Minister for Finance shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination. (4) In this section references to a liable relative in the service of the State shall include references to a liable relative to whom earnings are paid directly out of moneys provided by the Oireachtas. 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. (2) Where an order varying an attachment of earnings order is made under this section, the employer shall, if it has been served upon him, comply with it, but he shall be under no liability for non-compliance before ten days have elapsed since the service. (3) Where an employer affected by an attachment of earnings order ceases to have the liable relative in his employment, the order shall, in so far as that employer is concerned, lapse (except as respects deductions from earnings paid after the cesser by that employer and payment to the person in whose favour the order was made of deductions from earnings made at any time by that employer). (4) The lapse of an order under subsection (3) shall not prevent its remaining in force for other purposes. 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. (2) Where an attachment of earnings order ceases to have effect, the clerk or registrar of the court that made the order shall give notice of the cesser to the employer. 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. (2) Where a person gives to a court— (a) a statement pursuant to section 316D, or (b) a notification under section 316E, that is to his knowledge false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both. (3) A person who contravenes section 316B (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.”. 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.”. (2) Paragraph (a) of subsection (1) shall not apply to any claim for deserted wife's benefit made before the commencement of this section. (3) This section shall come into operation on such day as the Minister may appoint by order. 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. (5) Regulations under subsection (4) shall provide that deserted wife's benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule and the rate specified by the regulations may vary with the extent to which— (a) the claimant has an aggregate of reckonable income and reckonable earnings in excess of the amount prescribed for the purposes of section 100 (1) (bb) but not in excess of the amount prescribed for the purposes of this subsection, 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 contribution condition set out in subsection (1) (b) is satisfied, but any increase of the benefit payable under section 103 (1) shall be the same as if the conditions set out in section 100 (1) (bb) and in subsection (1) (b) of this section had been fully satisfied.”. (2) This section shall come into operation on such day or days as the Minister may appoint by order or orders and different days may be so appointed for different provisions of this section. 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 …