Social welfare act, 1993

Enactment Date02 April 1993
Act Number5


Number 5 of 1993


SOCIAL WELFARE ACT, 1993


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title, construction and collective citation.

2.

Interpretation.

PART II

Increases

3.

Social insurance benefits (new rates).

4.

Social assistance payments (new rates).

5.

Child benefit.

6.

Pay-related benefit.

7.

Family income supplement (new weekly rates).

PART III

Amendments to Existing Schemes

8.

Maternity allowance.

9.

Invalidity pension — conditions for receipt.

10.

Payments after death.

11.

Extension of definition of adult dependant.

12.

Periods of interruption of employment to be taken into account in determining entitlement to benefit.

13.

Unemployment assistance — calculation of means.

14.

Unemployment assistance — disqualifications.

15.

Pre-retirement allowance — couples.

PART IV

Social Insurance Contributions

16.

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

17.

Self-employment contributions (increase in earnings ceiling and minimum contributions).

18.

Exemption from payment of contributions, etc.

19.

Regulations for contributions.

20.

Old age (contributory) pension, widow's (contributory) pension — self-employment contributions.

21.

Exemption of recipients of pre-retirement allowance from social insurance.

PART V

Miscellaneous

22.

Disqualifications — fraudulent claims.

23.

Personal social services number.

24.

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

25.

Unemployment benefit and unemployment assistance — conditions of entitlement.

26.

Insurable (occupational injuries) employment.

PART VI

Pre-Consolidation Amendments to Align and Consolidate Various Provisions of the Social Welfare Code

27.

Alignment and consolidation of provisions relating to claims and payments, powers and duties of social welfare inspectors and offences.

28.

Penalties under Social Welfare Acts.

29.

Amendment of section 296 (decisions) of Principal Act.

30.

Repeals consequential on section 27.

31.

Alignment and consolidation of provisions relating to decisions and effect of decisions, overpayments, repayments, interim payments and suspension of payment.

32.

Repeals consequential on section 31.

33.

Notification of increase in means.

34.

Distribution of assets.

35.

Duration of payment of disability benefit.

36.

Entry into insurance.

37.

Repeals — Supplementary Unemployment Fund.

38.

Miscellaneous amendments to Principal Act arising from consolidation of various provisions.

39.

Interpretation generally.

40.

Continuance of instruments, officers and documents.

41.

Commencement of Part VI.

PART VII

Amendments to Pensions Act, 1990

42.

Definitions.

43.

Offences.

44.

Regulations.

45.

Calculation of preserved benefit.

46.

Application.

47.

Repeal.

48.

General duties of trustees of schemes.

49.

Removal and appointment of trustees by High Court.

50.

Conflict between Part VI and schemes.

51.

Equality officer.

52.

Amendment of Third Schedule to Pensions Act.

SCHEDULE A

SCHEDULE B

SCHEDULE C

SCHEDULE D


Acts Referred to

Companies Acts, 1963 to 1990

Dublin Institute of Technology Act, 1992

1992, No. 15

Finance Act, 1921

1921, c. 32

Finance Act, 1958

1958, No. 25

Finance Act, 1970

1970, No. 14

Finance Act, 1972

1972, No. 19

Finance Act, 1992

1992, No. 9

Health Contributions Act, 1979

1979, No. 4

Higher Education Authority Act, 1971

1971, No. 22

Income Tax Act, 1967

1967, No. 6

Industrial Relations Act, 1990

1990, No. 19

Labour Services Act, 1987

1987, No. 15

Local Authorities (Higher Education Grants) Acts, 1968 to 1992

Minimum Notice and Terms of Employment Act, 1973

1973, No. 4

National Council for Education Awards Act, 1979

1979, No. 30

Pensions Act, 1990

1990, No. 25

Probation of Offenders Act, 1907

1907, c. 17

Regional Technical Colleges Act, 1992

1992, No. 16

Social Welfare (Consolidation) Act, 1981

1981, No. 1

Social Welfare Act, 1984

1984, No. 5

Social Welfare (Amendment) Act, 1984

1984, No. 27

Social Welfare Act, 1986

1986, No. 8

Social Welfare Act, 1987

1987, No. 2

Social Welfare (No. 2) Act, 1987

1987, No. 29

Social Welfare Act, 1988

1988, No. 7

Social Welfare Act, 1989

1989, No. 4

Social Welfare Act, 1990

1990, No. 5

Social Welfare Act, 1991

1991, No. 7

Social Welfare Act, 1992

1992, No. 5

Statutory Declarations Act, 1938

1938, No. 37

Youth Employment Agency Act, 1981

1981, No. 32


Number 5 of 1993


SOCIAL WELFARE ACT, 1993


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1992, TO AMEND AND EXTEND THE PENSIONS ACT, 1990 , AND TO PROVIDE FOR CONNECTED MATTERS. [2nd April, 1993]

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, 1993.

(2) This Act, other than Part VII , shall be construed together as one with the Social Welfare Acts and may be cited together with those Acts.

Interpretation.

2.—(1) In this Act—

“the Principal Act” means the Social Welfare (Consolidation) Act, 1981 ;

“the Act of 1984” means the Social Welfare Act, 1984 ;

“the Act of 1986” means the Social Welfare Act, 1986 ;

“the No. 2 Act of 1987” means the Social Welfare (No. 2) Act, 1987 ;

“the Act of 1988” means the Social Welfare Act, 1988 ;

“the Act of 1989” means the Social Welfare Act, 1989 ;

“the Act of 1990” means the Social Welfare Act, 1990 ;

“the Act of 1991” means the Social Welfare Act, 1991 ;

“the Act of 1992” means the Social Welfare Act, 1992 ;

“the Pensions Act” means the Pensions Act, 1990 .

(2) References in this Act or in any other enactment to the “Social Welfare Acts” means the Principal Act and every enactment which is to be construed with it as one.

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 1992) 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 unemployment benefit, on the 22nd day of July, 1993,

(b) in so far as it relates to disability benefit, injury benefit, disablement gratuity and disablement pension, on the 26th day of July, 1993,

(c) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 29th day of July, 1993, and

(d) 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 30th day of July, 1993.

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 1992) 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 unemployment assistance, on the 21st day of July, 1993,

(b) in so far as it relates to supplementary welfare allowance, on the 26th day of July, 1993,

(c) in so far as it relates to pre-retirement allowance, deserted wife's allowance, prisoner's wife'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 29th day of July, 1993, 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 30th day of July, 1993.

Child benefit.

5.—(1) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part IV (inserted by section 5 of the Act of 1991) of the following Part:

“PART IV

Amounts of Child Benefit

Amount for each of first three children

Amount for each child in excess of three

(1)

(2)

£20.00

£23.00

”.

(2) Subsection (1) of this section shall come into operation on the 1st day of September, 1993.

(3) Section 225 of the Principal Act is hereby amended by the substitution for subsection (3) (as amended by section 17 of the Act of 1986) of the following subsections:

“(3) Subject to this Act, a person who is qualified for child benefit shall be paid a grant in accordance with subsection (3A) in respect of two or more qualified children where the birth of each child was part of the same multiple birth.

(3A) The amount of the grant payable in accordance with subsection (3) shall be £200 if the qualified children are two in number, £300 where they are three in number and £400 if they exceed three in number.”.

(4) Subsection (3) of this section shall apply in the case of any multiple birth occurring on or after the 1st day of July, 1993.

Pay-related benefit.

6.—(1) Section 73 of the Principal Act is hereby amended by the substitution of “£80” for “£78” (inserted by section 9 of the Act of 1992).

(2) This section shall have effect in relation to any period of...

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