Social Welfare Act, 1951

JurisdictionIreland
CitationIR No. 16/1951
Year1951


Number 16 of 1951.


SOCIAL WELFARE ACT, 1951.


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Restriction of section 4 (3) of Act of 1908.

3.

Exclusion in calculating means.

4.

Increase of rates of pensions.

5.

Review and prospective adjustment of pensions.

6.

Short title and collective citation.


Acts Referred to

Old Age Pensions Act, 1924

No. 19 of 1924

Social Welfare Act, 1948

No. 17 of 1948


Number 16 of 1951.


SOCIAL WELFARE ACT, 1951.


AN ACT TO AMEND THE EXISTING ENACTMENTS RELATING TO OLD AGE AND BLIND PERSONS' PENSIONS. [17th July, 1951.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—(1) In this Act—

“the Act of 1908” means the Old Age Pensions Act, 1908;

“the Act of 1924” means the Old Age Pensions Act, 1924 (No. 19 of 1924);

“the Act of 1948” means the Social Welfare Act, 1948 (No. 17 of 1948);

“the Acts” means the Old Age Pensions Acts, 1908 to 1948;

“the Minister” means the Minister for Social Welfare;

“pension” means a pension under the Acts.

(2) This Act shall be construed as one with the Acts.

Restriction of section 4 (3) of Act of 1908.

2.—(1) Subject to subsection (2) of this section, subsection (3) of section 4 of the Act of 1908 shall not apply to any assignment (whether effected before or after the passing of this Act)—

(a) which is an assignment to a child or children of the assignor, and

(b) as respects which the property comprised therein consists of a farm of land (together with or without the stock and chattels thereon) the rateable value of which (including the buildings thereon) does not exceed thirty pounds and of which the assignor is the owner and the occupier or the occupier only.

(2) Subsection (1) of this section shall not apply to an assignment by a person who, at any time within the three years ending when the relevant claim for a pension or application for an increase of a pension is made, was, as respects any agricultural lands exceeding thirty pounds in rateable value or aggregate rateable value, the owner and occupier thereof, the occupier only thereof or the owner and occupier of part thereof and the occupier only of the remainder.

(3) In this section, “assignment” includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.

Exclusion in calculating means.

3.—(1) In calculating for the purposes of the Acts, as amended by this Act, the means of any person—

(a) no account shall be taken of an amount of an allowance, special allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1949, or of a combination of such allowances and such pensions, except so far as such amount exceeds eighty pounds per year,

(b) no account shall be taken of an amount of assistance received from one or more than one charitable organisation, except so far as such amount exceeds fifty-two pounds five shillings per year.

(2) In subsection (1) of this section, “charitable organisation” means 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.

Increase of rates of pensions.

4.—(1) As from the appointed day, a pension shall, subject to section 13 of the Act of 1948 as amended by this section, be at the rate set forth in the Table to this subsection in lieu of the rate fixed by section 9 of the Act of 1948.

TABLE.

Rate of Pension.

Means of Claimant or Pensioner

Rate of Pension per week

Where the yearly means of...

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