Social Welfare Act, 1976

• Jurisdiction: Ireland
• Citation: IR No. 6/1976
• Year: 1976

Number 6 of 1976
SOCIAL WELFARE ACT, 1976
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Old age pensions (new rates). 3. Unemployment assistance (new rates). 4. Amendment of section 8 of Social Welfare (Miscellaneous Provisions) Act, 1965. 5. Widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (new rates). 6. Orphans' (non-contributory) pensions (new rates). 7. Single woman's allowance (new rates). 8. Old age (care) allowance (new rate). 9. Social insurance benefits (new rates). 10. Increase of certain rates of unemployment benefit. 11. Extension of period of unemployment benefit. 12. Amendments of Social Welfare (Pay-Related Benefit) Act, 1973. 13. Employment contributions (new rates). 14. Voluntary contributions (new rates). 15. Voluntary contributions (new rates for certain persons). 16. Occupational injuries benefits (new rates and contributions). 17. Amendment of section 26 of Act of 1952 (additional benefit for adult dependants). 18. Amendment of section 27 of Act of 1952 (increases of benefit—qualified children). 19. Amendment of section 20 of Act of 1935 (rates of widows' (non-contriburory) pensions). 20. Short title, construction and collective citation.
Acts Referred to Social Welfare Act, 1952 1952, No. 11 Social Welfare (Occupational Injuries) Act, 1966 1966, No. 16 Social Welfare (Miscellaneous Provisions) Act, 1967 1967, No. 18 Social Welfare Act, 1975 1975, No. 1 Social Welfare (Miscellaneous Provisions) Act, 1969 1969, No. 19 Social Welfare (Miscellaneous Provisions) Act, 1965 1965, No. 20 Social Welfare (Miscellaneous Provisions) Act, 1962 1962, No. 17 Social Welfare Act, 1973 1973, No. 10 Social Welfare (No. 2) Act, 1974 1974, No. 14 Social Welfare Act, 1970 1970, No. 12 Social Welfare (Pay-Related Benefit) Act, 1973 1973, No. 2 Social Welfare (Miscellaneous Provisions) Act, 1963 1963, No. 26 Unemployment Assistance Act, 1933 1933, No. 46 Widows' and Orphans' Pensions Act, 1935 1935, No. 29
Number 6 of 1976
SOCIAL WELFARE ACT, 1976
AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1975, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1975, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1975 AND THE SOCIAL WELFARE ACTS, 1952 TO 1975. [29th March, 1976]
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 1966” means the Social Welfare (Occupational Injuries) Act, 1966 ;
	“the Act of 1967” means the Social Welfare (Miscellaneous Provisions) Act, 1967 ;
	“the Act of 1975” means the Social Welfare Act, 1975 ;
	“the Regulations of 1975” means the Social Welfare (Variation of Rates of Payment) Regulations, 1975 ( S.I. No. 215 of 1975 ).
	Old age pensions (new rates).	2.—(1) Section 77 of the Act of 1952 is hereby amended by—
	(a) the substitution for subsection (2) (inserted by the Act of 1975) 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 £1.10 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 80 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 1976, 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 1976.
	(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 10·25 13·00 15·75 Plus, where there are more than two qualified children, £2·10 for each qualified child in excess of two. exceed £6 but do not exceed £7 9·15 11·90 14·65 exceed £7 but do not exceed £8 8·05 10·80 13·55 exceed £8 but do not exceed £9 6·95 9·70 12·45 exceed £9 but do not exceed £10 5·85 8·60 11·35 exceed £10 but do not exceed £11 4·75 7·50 10·25 exceed £11 but do not exceed £12 3·65 6·40 9·15 exceed £12 but do not exceed £13 2·55 5·30 8·05 exceed £13 but do not exceed £14 1·45 4·20 6·95 exceed £14 but do not exceed £15 No Pension 3·10 5·85
	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 5·10 exceed £6 but do not exceed £7 4·55 exceed £7 but do not exceed £8 4·00 exceed £8 but do not exceed £9 3·45 exceed £9 but do not exceed £10 2·90 exceed £10 but do not exceed £11 2·35 exceed £11 but do not exceed £12 1·80 exceed £12 but do not exceed £13 1·25 exceed £13 but do not exceed £14 0·70 exceed £14 Nil
	”
	and
	(b) the substitution in subsection (5) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1969 ) of “five pounds, seventy new pence” for “five pounds, twenty new pence” (inserted by the Regulations of 1975).
	(2) This section shall come into operation on the 2nd day of April, 1976.
	Unemployment assistance (new rates).	3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1975), there is hereby substituted the Schedule to this section.
	(2) Notwithstanding subsection (1) of this section the Schedule to the Act of 1933 inserted by the Act of 1975 (as varied by the Regulations of 1975) shall continue to apply in the case of a person for whom the yearly value of any advantage accruing to him from the use of land, the rateable valuation of which exceeds £15 and which is personally used or enjoyed by him, is calculated in accordance with section 8 of the Social Welfare (Miscellaneous Provisions) Act, 1965 , and accordingly, the rates of unemployment assistance to be taken into account in the case of such a person for the purposes of section 10 (3) (c) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1962 ) of the Act of 1933, shall be those specified in that Schedule (as so varied).
	(3) This section shall come into operation on the 31st day of March, 1976.
	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 £8·90 £8·55 Person with an adult dependant £15·35 £14·90 Person with an adult dependant and one child dependant £18·10 £17·65 Person with an adult dependant and two or more child dependants £20·85 £20·40 plus, where there are more than two child dependants, £2·10 for each child dependant in excess of two. plus, where there are more than two child dependants, £2·10 for each child dependant in excess of two. Person with one child dependant £11·80 £11·45 Person with two or more child dependants £14·55 £14·20 plus, where there are more than two child dependants, £2·10 for each child dependant in excess of two. plus, where there are more than two child dependants, £2·10 for each child dependant in excess of two.
	Amendment of section 8 of Social Welfare (Miscellaneous Provisions) Act, 1965.	4.—(1) Section 8 of the Social Welfare (Miscellaneous Provisions) Act, 1965 , is hereby amended by the substitution for subsections (1) and (2) of the following subsections :
	“(1) Subject to the provisions of sections 9 and 10 of this Act, the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time...