Social Welfare Act, 1977

• Jurisdiction: Ireland
• Citation: IR No. 3/1977

Number 3 of 1977
SOCIAL WELFARE ACT, 1977
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Old age pensions (new rates, including special increase for pensioners living alone). 3. Increase of earnings disregarded in the case of blind persons under Old Age Pensions Acts, 1908 to 1977. 4. Unemployment assistance (new rates). 5. Unemployment assistance (modification of Act of 1965). 6. Unemployment assistance (improvement in qualifying conditions for certain applicants). 7. Unemployment assistance (extension of meaning of term “adult dependant” and removal of certain disqualifications). 8. Widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (new rates). 9. Orphan's (non-contributory) pensions (new rates). 10. Children's allowances (new rates). 11. Single woman's allowance (new rates). 12. Old age (care) allowance (new rates). 13. Reduction of qualifying age for pension purposes. 14. Social insurance benefits (new rates, including special increase for pensioners living alone). 15. Increase of certain rates of unemployment benefit. 16. Extension of meaning of term “adult dependant” in the case of certain benefits. 17. Employment contributions (new rates). 18. Voluntary contributions (new rates). 19. Occupational injuries benefits (new rates). 20. Occupational injuries (special increase for pensioners living alone). 21. Occupational injuries (extension of meaning of term “adult dependant”). 22. Reciprocal arrangements. 23. Short title, construction and collective citation.
Number 3 of 1977
SOCIAL WELFARE ACT, 1977
AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1976, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1976, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1976, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1976, AND THE SOCIAL WELFARE ACTS, 1952 TO 1976. [21st March, 1977]
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 1965” means the Social Welfare (Miscellaneous Provisions) Act, 1965 ;
	“the Act of 1966” means the Social Welfare (Occupational Injuries) Act, 1966 ;
	“the Act of 1973” means the Social Welfare Act, 1973 ;
	“the Act of 1974” means the Social Welfare (No. 2) Act, 1974 ;
	“the Act of 1975” means the Social Welfare Act, 1975 ;
	“the Act of 1976” means the Social Welfare Act, 1976 ;
	“the Regulations of 1976” means the Social Welfare (Variation of Rates of Payment) Regulations, 1976 ( S.I. No. 259 of 1976 ).
	Old age pensions (new rates, including special increase for pensioners living alone).	2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution for subsection (2) (inserted by the Act of 1976 as varied by the Regulations of 1976) 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 £16—at the rate set out in Table A to this subsection,
	(ii) where the weekly means of the claimant or pensioner exceed £16—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 £15 but did not exceed £16, less £1.25 for each amount (if any) of £1 by which those weekly means exceed £16, 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 90 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 1977, 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 1977.
	(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 11·75 14·90 18·05 } Plus, where there are more than two qualified children, £2.40 for each qualified child in excess of two. exceed £6 but do not exceed £7 10·50 13·65 16·80 exceed £7 but do not exceed £8 9·25 12·40 15·55 exceed £8 but do not exceed £9 8·00 11·15 14·30 exceed £9 but do not exceed £10 6·75 9·90 13·05 exceed £10 but do not exceed £11 5·50 8·65 11·80 exceed £11 but do not exceed £12 4·25 7·40 10·55 exceed £12 but do not exceed £13 3·00 6·15 9·30 exceed £13 but do not exceed £14 1·75 4·90 8·05 exceed £14 but do not exceed £15 0·50 3·65 6·80 exceed £15 but do not exceed £16 no pension 2·40 5·55
	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 5·85 exceed £6 but do not exceed £7 5·20 exceed £7 but do not exceed £8 4·60 exceed £8 but do not exceed £9 3·95 exceed £9 but do not exceed £10 3·30 exceed £10 but do not exceed £11 2·70 exceed £11 but do not exceed £12 2·05 exceed £12 but do not exceed £13 1·40 exceed £13 but do not exceed £14 0·80 exceed £14 Nil
	”
	(2) Section 77 (5) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1969 ) of the Act of 1952 is hereby amended by the substitution of “six pounds, fifty-five new pence” for “six pounds” (inserted by the Regulations of 1976).
	(3) The following subsection is hereby inserted after subsection (5) of section 77 of the Act of 1952:
	“(6) The rates of pension determined under subsection (2) (a) (i), (2) (a) (ii) or (2) (a) (iii) of this section shall be increased by £1 weekly where the pensioner has attained pensionable age and is living alone.”.
	(4) The following is hereby substituted for section 8 (1) of the Old Age Pensions Act, 1924:
	“(1) It shall be a statutory condition for the receipt by any person of an old age pension that the person must satisfy the pension authorities that his means as calculated under the Old Age Pensions Acts do not exceed—
	(a) in case the person has no child who is a qualified child as defined in subsection (2B) (inserted by the Social Welfare Act, 1974) of section 77 of the Social Welfare Act, 1952 —seven hundred and eighty pounds,
	(b) in case the person has one or more than one such qualified child, the appropriate highest amount of means at which pension may be paid to that person under section 77 (2) of the Social Welfare Act, 1952 .”.
	(5) This section shall come into operation on the 1st day of April, 1977.
	Increase of earnings disregarded in the case of blind persons under Old Age Pensions Acts, 1908 to 1977.	3.—(1) The Seventh Schedule to the Act of 1952, which contains rules as to calculation of means for the purposes of old age pension, is hereby amended by the substitution in Rule 1 (II) (h) of “£208”, “£156” and “£104”, respectively, for “£65”, “£52” and “£39” (inserted by the Act of 1965) in both places where they occur.
	(2) This section shall come into operation on the 1st day of April, 1977.
	Unemployment assistance (new rates).	4.—(1) In the Act of 1933, the Schedule to this section is hereby substituted for the Schedule to that Act inserted by the Act of 1976.
	(2) Notwithstanding subsection (1) of this section—
	(a) the Schedule to the Act of 1933 inserted by the Act of 1976 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 £10 but does not exceed £15 and which is personally used or enjoyed by him, is calculated in accordance with section 8 of the Act of 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 the Schedule so inserted, and
	(b) the Schedule to the Act of 1933 inserted by the Act of 1975, as varied by the Social Welfare (Variation of Rates of Payment) Regulations, 1975 (S.I. No. 215 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...