Social Welfare Act, 1975

• Jurisdiction: Ireland
• Citation: IR No. 1/1975
• Year: 1975

Number 1 of 1975
SOCIAL WELFARE ACT, 1975
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Old age pensions (new rates, extensions of means limits). 3. Unemployment assistance (new rates). 4. Widows' (non-contributory) pensions (new rates and extension of means limits). 5. Modification of rules relating to weekly means in relation to certain old age and widows' (non-contributory) pensions. 6. Orphans' (non-contributory) pensions (new rates and extension of means limit). 7. Children's allowances (new rates). 8. Single woman's allowance (new rates and extension of means limit). 9. Old age (care) allowance (new rate). 10. Reduction of qualifying age for pension purposes. 11. Social insurance benefits (new rates). 12. Increase of certain rates of unemployment benefit. 13. Employment contributions (new rates). 14. Voluntary contributions (new rates). 15. Occupational injuries benefits (new rates and contributions). 16. Regulations varying rates of benefit, allowance, pension or assistance. 17. Entitlement to continue to be a voluntary contributor. 18. Extension of Education (Provision of Meals) Acts, 1914 to 1930. 19. Short title, construction and collective citation.
Acts Referred to Unemployment Assistance Act, 1933 1933, No. 46 Widows' and Orphans' Pensions Act, 1935 1935, No. 29 Social Welfare Act, 1952 1952, No. 11 Social Welfare (Amendment) Act, 1960 1960, No. 25 Social Welfare (Occupational Injuries) Act, 1966 1966, No. 16 Social Welfare (Miscellaneous Provisions) Act, 1969 1969, No. 19 Social Welfare Act, 1970 1970, No. 12 Social Welfare Act, 1973 1973, No. 10 Social Welfare (No. 2) Act, 1974 1974, No. 14 Old Age Pensions Act, 1924 1924, No. 19 Social Welfare (Children's Allowances) Act, 1952 1952, No. 12 Children's Allowances (Amendment) Act, 1946 1946, No. 8 Old Age Pensions Act, 1908 1908, c. 40 Old Age Pensions Act, 1932 1932, No. 18 Social Welfare (Miscellaneous Provisions) Act, 1964 1964, No. 28 Social Welfare (Miscellaneous Provisions) Act, 1967 1967, No. 18 Social Welfare (Miscellaneous Provisions) Act, 1957 1957, No. 21
Number 1 of 1975
SOCIAL WELFARE ACT, 1975
AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1974, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1974, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1974, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1974, THE SOCIAL WELFARE ACTS, 1952 TO 1974 AND THE EDUCATION (PROVISION OF MEALS) ACTS, 1914 TO 1930. [26th March, 1975]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definitions.	1.—In this Act—
	“the Act of 1933” means the Unemployment Assistance Act, 1933 ;
	“the Act of 1935” means the Widows' and Orphans' Pensions Act, 1935 ;
	“the Act of 1952” means the Social Welfare Act, 1952 ;
	“the Act of 1960” means the Social Welfare (Amendment) Act, 1960 ;
	“the Act of 1966” means the Social Welfare (Occupational Injuries) Act, 1966 ;
	“the Act of 1969” means the Social Welfare (Miscellaneous Provisions) Act, 1969 ;
	“the Act of 1970” means the Social Welfare Act, 1970 ;
	“the Act of 1973” means the Social Welfare Act, 1973 ;
	“the Act of 1974” means the Social Welfare (No. 2) Act, 1974 ;
	“the Minister” means the Minister for Social Welfare.
	Old age pensions (new rates, extension of means limits).	2.—(1) Section 77 of the Act of 1952 is hereby amended by—
	(a) the substitution for subsection (2) (inserted by the Act of 1974) of the following subsection:
	“(2) (a) A pension shall, in lieu of any other rate, be—
	(i) where the weekly means of the claimant or pensioner do not exceed £15—at the rate set out in Table A to this subsection,
	(ii) where the weekly means of the claimant or pensioner exceed £15—at the rate at which, in accordance with that Table, the pension would be payable if the weekly means of the claimant or pensioner exceeded £14 but did not exceed £15, less £1 for each amount (if any) of £1 by which those weekly means exceed £15, any fraction of £1 in those weekly means being treated for this purpose as £1; provided that if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50 new pence, the pension shall not be payable,
	(iii) where the pensioner has attained the age of 80 years—at the rate of pension payable to him in accordance with subparagraph (i) or (ii) of this paragraph plus 70 new pence,
	and the rate of pension so determined shall be increased, where the pensioner is one of a married couple, by the amount set out in Table B to this subsection—
	(A) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1975, or
	(B) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1975.
	(b) For the purposes of this subsection, weekly means shall be the yearly means divided by fifty-two.
	TABLE A
	RATE OF PENSION
Weekly Rate Means of claimant or pensioner Claimant or pensioner, no qualified child Claimant or pensioner, one qualified child Claimant or pensioner, two or more qualified children (1) (2) (3) (4) £ £ £ Where the weekly means of the claimant or pensioner— do not exceed £6 8·85 11·20 13·55 } Plus, where there are more than two qualified children, £1·80 for each qualified child in excess of two. exceed £6 but do not exceed £7 7·85 10·20 12·55 exceed £7 but do not exceed £8 6·85 9·20 11·55 exceed £8 but do not exceed £9 5·85 8·20 10·55 exceed £9 but do not exceed £10 4·85 7·20 9·55 exceed £10 but do not exceed £11 3·85 6·20 8·55 exceed £11 but do not exceed £12 2·85 5·20 7·55 exceed £12 but do not exceed £13 1·85 4·20 6·55 exceed £13 but do not exceed £14 0·85 3·20 5·55 exceed £14 but do not exceed £15 no pension 2·20 4·55
	TABLE B
	INCREASE FOR AN ADULT DEPENDANT
Means of claimant or pensioner Weekly rate of increase £ Where the weekly means of the claimant or pensioner— do not exceed £6 4·40 exceed £6 but do not exceed £7 3·90 exceed £7 but do not exceed £8 3·40 exceed £8 but do not exceed £9 2·90 exceed £9 but do not exceed £10 2·40 exceed £10 but do not exceed £11 1·90 exceed £11 but do not exceed £12 1·40 exceed £12 but do not exceed £13 0·90 exceed £13 but do not exceed £14 0·40 exceed £14 Nil
	”
	and
	(b) the substitution in subsection (5) (inserted by the Act of 1969) of “four pounds, ninety-five new pence” for “four pounds, fifteen new pence” (inserted by the Act of 1974).
	(2) Section 8 of the Old Age Pensions Act, 1924 (as amended by the Act of 1974) is hereby amended by the substitution of “seven hundred and twenty-eight pounds” for “five hundred and ninety-eight pounds” in subsection (1) (i).
	(3) This section shall come into operation on the 4th day of April, 1975.
	Unemployment assistance (new rates).	3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1974) there is hereby substituted the Schedule to this section.
	(2) This section shall come into operation on the 2nd day of April, 1975.
	SCHEDULE
	RATES OF UNEMPLOYMENT ASSISTANCE
Classes of persons to whom the rates of unemployment assistance set out in this Schedule are applicable Weekly rate of unemployment assistance applicable to persons resident in any urban area Weekly rate of unemployment assistance applicable to persons resident in any other place Person without a dependant £7·70 £7·35 Person with an adult dependant £13·25 £12·80 Person with an adult dependant and one child dependant £15·60 £15·15 Person with an adult dependant and two or more child dependants £17·95 £17·50 plus, where there are more than two child dependants, £1·80 for each child dependant in excess of two. plus, where there are more than two child dependants, £1·80 for each child dependant in excess of two. Person with one child dependant £10·20 £9·85 Person with two or more child dependants £12·55 £12·20 plus, where there are more than two child dependants £1·80 for each child dependant in excess of two. plus, where there are more than two child dependants, £1·80 for each child dependant in excess of two.
	Widows' (non-contributory) pensions (new rates and extension of means limits).	4.—(1) Subsection (1) (inserted by the Act of 1974) of section 20 of the Act of 1935 is hereby amended by the substitution of the following subsection:
	“(1) (a) A widow's (non-contributory) pension shall, subject to the provisions of this Act, be—
	(i) where the weekly means of the widow do not exceed £15—at the rate set out in Table B to this subsection, and
	(ii) where the weekly means of the widow exceed £15—at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means exceeded £14 but did not exceed £15, less £1 for each amount (if any) of £1 by which those weekly means exceed £15, any...