Social Welfare Act, 1978

• Jurisdiction: Ireland
• Citation: IR No. 5/1978
• Year: 1978

Number 5 of 1978
SOCIAL WELFARE ACT, 1978
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Old age pensions (new rates). 3. Old age pensions (modification of residence condition). 4. Unemployment assistance (new rates). 5. Unemployment assistance (removal of special conditions applying to certain women). 6. Unemployment assistance (removal of special conditions applying to certain women for entitlement to qualification certificates). 7. Widows' (non-contributory) pensions, deserted wife's allowances, social assistance allowance for unmarried mothers and prisoner's wife's allowance (new rates). 8. Widows' (non-contributory) pensions (removal of two-year residence condition). 9. Orphan's (non-contributory) pensions (new rates). 10. Single woman's allowance (new rates). 11. Old age (care) allowance (new rate). 12. Supplementary welfare allowance (new rates). 13. Supplementary welfare allowance (extension of meaning of meaning of “adult dependant”). 14. Social insurance benefits (new rates). 15. Unemployment benefit (increase of certain rates). 16. Extension of definition of “orphan” in Act of 1935 and Act of 1952. 17. Employment contributions (new rates). 18. Voluntary contributions (new rates). 19. Occupational injuries (new rates of benefits and contributions). 20. Occupational injuries (special increase for pensioners living alone). 21. Power to pay old age pension pending certain decisions, on determination of social welfare officer. 22. Removal of power to recover old age pension overpayments by deduction from payments due to another person. 23. Short title, construction and collective citation.
Number 5 of 1978
SOCIAL WELFARE ACT, 1978
AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1977, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1977, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1977, AND THE SOCIAL WELFARE ACTS, 1952 TO 1977. [21st March, 1978]
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 1961” means the Social Welfare (Miscellaneous Provisions) Act, 1961 ;
	“the Act of 1962” means the Social Welfare (Miscellaneous Provisions) Act, 1962 ;
	“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 1969” means the Social Welfare (Miscellaneous Provisions) Act, 1969 ;
	“the Act of 1975” means the Social Welfare Act, 1975 ;
	“the Act of 1976” means the Social Welfare Act, 1976 ;
	“the Act of 1977” means the Social Welfare Act, 1977 ;
	“the Regulations of 1977” means the Social Welfare (Variation of Rates of Payments) Regulations, 1977 (S.I. No. 313 of 1977).
	Old age pensions (new rates).	2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution for subsection (2) (inserted by the Act of 1977 as varied by the Regulations of 1977) 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 £1.40 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 £1.05,
	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 1978, 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 1978.
	(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 13.60 17.25 20.90 } Plus, where there are more than two qualified children, £2.75 for each qualified child in excess of two. exceed £6 but do not exceed£7 12.20 15.85 19.50 exceed £7but do not exceed£8 10.80 14.45 18.10 exceed £8 but do not exceed£9 9.40 13.05 16.70 exceed £9 but do not exceed£10 8.00 11.65 15.30 exceed £10 but do not exceed£11 6.60 10.25 13.90 exceed £11 but do not exceed£12 5.20 8.85 12.50 exceed £12 but do not exceed£13 3.80 7.45 11.10 exceed £13 but do not exceed£14 2.40 6.05 9.70 exceed £14 but do not exceed£15 1.00 4.65 8.30 exceed £15 but do not exceed£16 no pension 3.25 6.90
	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 6.75 exceed £6 but do not exceed £7 6.00 exceed £7 but do not exceed £8 5.35 exceed £8 but do not exceed £9 4.55 exceed £9 but do not exceed £10 3.80 exceed £10 but do not exceed £11 3.15 exceed £11 but do not exceed £12 2.35 exceed £12 but do not exceed £13 1.65 exceed £13 but do not exceed £14 0.95 exceed £14 Nil
	”
	(2) Section 77 (5) (inserted by the Act of 1969) of the Act of 1952 is hereby amended by the substitution of “seven pounds, sixty new pence” for “six pounds, ninety new pence” (inserted by the Regulations of 1977).
	(3) Section 77 (6) (inserted by the Act of 1977) of the Act of 1952 is hereby amended by the substitution of “£1.10” for “£1”.
	(4) This section shall come into operation on the 7th day of April, 1978.
	Old age pensions (modification of residence condition).	3.—The Old Age Pensions Act, 1932 , is hereby amended by the substitution of the following for section 2 (1) (inserted by the Social Welfare (No. 2) Act, 1976 ):
	“(1) In lieu of the second statutory condition contained in paragraph (2) (repealed by this Act) of section 2 of the Act of 1908, it is hereby enacted that it shall be a condition for the receipt of an old age pension by any person that he shall satisfy the pension authorities that he has had his residence in the State for an aggregate period of not less than 15 years.”.
	Unemployment assistance (new rates).	4.—(1) In the Act of 1933, Schedule A to this section is hereby substituted for the Schedule to that Act inserted by the Act of 1977 as varied by the Regulations of 1977.
	(2) Notwithstanding subsection (1) of this section—
	(a) Schedule B to this section shall 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 Act of 1962) of the Act of 1933 shall be those specified in that Schedule, 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 Payments) 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 £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 Act of 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 29th day of March, 1978.
	SCHEDULE A
	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 £11.75

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