Social welfare act, 1998

• Act Number: 6
• Enactment Date: 01 April 1998

Number 6 of 1998
SOCIAL WELFARE ACT, 1998
ARRANGEMENT OF SECTIONS
PART I
Preliminary
Section 1. Short title and construction. 2. Definitions. 3. Continuance of instruments.
PART II
Increases
4. Social insurance benefits (new rates). 5. Social assistance payments (new rates). 6. Child benefit (new rates, etc.). 7. Family income supplement (new weekly rates, etc.). 8. Employment contributions (increases in earnings ceilings, etc.). 9. Self-employment contributions (increase in income ceiling).
PART III
Improvements in Social Welfare Schemes
10. Assessment of means — improvements. 11. Payment in respect of loss of purchasing power. 12. Carer's allowance — payment after death. 13. Amendments to section 2 of Principal Act — definitions.
PART IV
Administration of Public Service Data
14. Administration of public service data. 15. Commencement (Part IV).
PART V
Miscellaneous Provisions
16. Sums paid into and out of Social Insurance Fund. 17. Actuarial review. 18. Pre-retirement allowance — consolidation of provisions. 19. Blind pension. 20. Recovery of debts. 21. Disablement benefit — claims made outside the prescribed time. 22. Offences — non-disclosure of information. 23. Appointment of officers. 24. Liable relative. 25. Commencement (Part V).
PART VI
Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981
26. Amendment of section 7A of Health Contributions Act, 1979. 27. Amendment of section 18A of Youth Employment Agency Act, 1981.
PART VII
Amendment of Section 54 of Pensions Act, 1990
28. Amendment of section 54 of Pensions Act, 1990.
SCHEDULE A
SCHEDULE B
Acts Referred to Blind Persons Act, 1920 1920, c. 49 Civil Legal Aid Act, 1995 1995, No. 32 Data Protection Act, 1988 1988, No. 25 Health Act, 1947 1947, No. 28 Health Act, 1970 1970, No. 1 Health Contributions Act, 1979 1979, No. 4 Housing Act, 1966 1966, No. 21 Housing Act, 1988 1988, No. 28 Housing (Miscellaneous Provisions) Act, 1992 1992, No. 18 Local Authorities (Higher Education Grants) Act, 1968 1968, No. 24 Local Authorities (Higher Education Grants) Act, 1992 1992, No. 19 Local Government Act, 1941 1941, No. 23 Pensions Act, 1990 1990, No. 25 Pensions (Amendment) Act, 1996 1996, No. 18 Social Welfare Act, 1992 1992, No. 5 Social Welfare Act, 1994 1994, No. 4 Social Welfare (No. 2) Act, 1995 1995, No. 23 Social Welfare Act, 1996 1996, No. 7 Social Welfare Act, 1997 1997, No. 10 Social Welfare (Consolidation) Act, 1981 1981, No. 1 Social Welfare (Consolidation) Act, 1993 1993, No. 27 Taxes Consolidation Act, 1997 1997, No. 39 Youth Employment Agency Act, 1981 1981, No. 32 Income Tax (Employments) Regulations, 1972 S.I. No. 260 of 1972 Income Tax (Employments) Regulations, 1960 S.I. No. 28 of 1960
Number 6 of 1998
SOCIAL WELFARE ACT, 1998
AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, SECTION 7A OF THE HEALTH CONTRIBUTIONS ACT, 1979 , SECTION 18A OF THE YOUTH EMPLOYMENT AGENCY ACT, 1981 , AND SECTION 54 OF THE PENSIONS ACT, 1990 . [1st April, 1998]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary
	Short title and construction.	1.—(1) This Act may be cited as the Social Welfare Act, 1998.
	(2) The Social Welfare Acts and this Act (other than Parts VI and VII ) shall be construed together as one.
	Definitions.	2.—In this Act—
	“the Principal Act” means the Social Welfare (Consolidation) Act, 1993 ;
	“the Act of 1994” means the Social Welfare Act, 1994 ;
	“the No. 2 Act of 1995” means the Social Welfare (No. 2) Act, 1995 ;
	“the Act of 1996” means the Social Welfare Act, 1996 ;
	“the Act of 1997” means the Social Welfare Act, 1997 .
	Continuance of instruments.	3.—An instrument that is made under a provision of the Principal Act that is amended by this Act and that is in force immediately before the commencement of the amendment shall continue in force as if made under the provision so amended.
PART II Increases
	Social insurance benefits (new rates).	4.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 3 of the Act of 1997) 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 28th day of May, 1998,
	(b) in so far as it relates to disability benefit, health and safety benefit, injury benefit, disablement gratuity and disablement pension, on the 1st day of June, 1998,
	(c) in so far as it relates to retirement pension, invalidity pension and a relevant payment by virtue of section 18(1)(a) of the Act of 1996, on the 4th day of June, 1998, and
	(d) in so far as it relates to death benefit under section 60, 61, 62 or 63 of the Principal Act, old age (contributory) pension, widow's and widower's (contributory) pension and orphan's (contributory) allowance, on the 5th day of June, 1998.
	Social assistance payments (new rates).	5.—(1) The Principal Act is hereby amended by the substitution for Parts I and II (inserted by section 4 of the Act of 1997) 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 and disability allowance, on the 27th day of May, 1998,
	(b) in so far as it relates to supplementary welfare allowance, on the 1st day of June, 1998,
	(c) in so far as it relates to pre-retirement allowance, one-parent family payment (other than where payable in respect of a widow or widower), carer's allowance, prescribed relative allowance and a relevant payment by virtue of section 18(1)(b) or (c) of the Act of 1996, on the 4th day of June, 1998, and
	(d) in so far as it relates to old age (non-contributory) pension, blind pension, widow's and widower's (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and orphan's (non-contributory) pension, on the 5th day of June, 1998.
	Child benefit (new rates, etc.).	6.—(1) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part III (inserted by section 5 of the Act of 1997) of the following Part:
	“PART III
	Amounts of Child Benefit
Amount for each of first 2 children Amount for each child in excess of 2 (1) (2) £31.50 £42.00
	”.
	(2) Section 194 of the Principal Act (as amended by section 5 of the Act of 1996) is hereby amended by—
	(a) the substitution for subsection (2) of the following subsection:
	“(2) Notwithstanding anything in this Part, the monthly benefit payable to a qualified person in respect of a qualified child whose birth was part of—
	(a) a multiple birth of two children, of whom two remain qualified, shall be 150 per cent. of the amount as set out in Part III of the Fourth Schedule, or
	(b) a multiple birth of three or more children, of whom—
	(i) not less than three remain qualified, shall be 200 per cent. of the amount as set out in Part III of the Fourth Schedule,
	(ii) not less than two remain qualified, shall be 150 per cent. of the amount as set out in Part III of the Fourth Schedule, and
	(iii) one remains qualified, shall be payable at the amount set out in Part III of the Fourth Schedule.”,
	(b) the substitution for subsection (4) of the following subsection:
	“(4) The amount of the grant payable in accordance with subsection (3) shall be £500.”,
	and
	(c) the substitution for subsections (6A) (inserted by section 5 of the Act of 1996) and (7) of the following subsections:
	“(7) Subject to this Act, a person who is qualified for child benefit shall be paid a grant of £500 in respect of a multiple birth of two or more qualified children, on the 4th and 12th anniversary of the birth of the last born of such multiple birth.
	(8) Payment of a grant under subsection (3) or subsection (7) shall be in addition to any child benefit payable by way of a monthly benefit under this Part in respect of the children concerned.”.
	(3) This section shall come into operation on the 1st day of September, 1998.
	Family income supplement (new weekly rates, etc.).	7.—(1) Section 197 of the Principal Act is hereby amended by the substitution for the definition of “weekly family income” (inserted by section 6 of the Act of 1997) of the following definition:
	“‘weekly family income’ means, subject to regulations under section 202, the amount of income received in a week by a family, less—
	(i) any allowable contribution referred to in Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ),
	(ii) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act, 1997 , applicable to Schedule E,
	(iii) any contributions payable under section 10(1)(b) or regulations made under section 11,
	(iv) any contributions payable under section 5 of the Health Contributions Act, 1979 ,
	(v) any contributions payable under section 16 of the Youth Employment Agency Act, 1981 , or
	(vi) any income of a person who in respect of that family is a child.”.
	(2) Subsection (1) shall come into operation on the 1st day of October, 1998.

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