Social Welfare Act, 1979

• Jurisdiction: Ireland
• Citation: IR No. 8/1979
• Year: 1979

Number 8 of 1979
SOCIAL WELFARE ACT, 1979
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Old age pensions (new rates, extension of means limits). 3. Unemployment assistance (new rates). 4. Calculation of means of certain persons for purposes of unemployment assistance. 5. Alternative method of calculation of means of certain persons for purposes of unemployment assistance. 6. Widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (new rates, extension of means limits). 7. Widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (abolition of upper age limit). 8. Prisoner's wife's allowance (extension of payment period). 9. Orphans' (non-contributory) pensions (new rates and extension of means limit). 10. Single woman's allowance (new rates and extension of means limit). 11. Supplementary welfare allowance (new rates). 12. Discontinuance of old age (care) allowance. 13. Increase in means excluded in calculation of old age pension. 14. Increase in means excluded in calculation of widow's (non-contributory) pension. 15. Repeal of rule relating to calculation of widow's means. 16. Increase in certain exclusions in calculation of means of certain persons. 17. Parts of increases of certain pensions not to be reckoned as means. 18. Exclusion of domestic dwellings and farm buildings in calculation of certain means. 19. Children's allowances (new rates). 20. Social insurance benefits (new rates). 21. Unemployment benefit (increase of certain rates). 22. Extension of period of unemployment benefit for certain married women. 23. Maternity allowance (removal of restriction on payment). 24. Widow's (contributory) pension (extension of entitlement). 25. Occupational injuries benefits (new rates). 26. Occupational injuries (increase for pensioners living alone). 27. Old age pension—notification of increase of means. 28. Short title, construction and collective citation.
Number 8 of 1979
SOCIAL WELFARE ACT, 1979
AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1978, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1978, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1978, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1977, THE SOCIAL WELFARE (SUPPLEMENTARY WELFARE ALLOWANCES) ACT, 1975 , AND THE SOCIAL WELFARE ACTS, 1952 TO 1978. [24th March, 1979]
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 (Miscellaneous Provisions) Act, 1960 ;
	“the Act of 1962” means the Social Welfare (Miscellaneous Provisions) Act, 1962 ;
	“the Act of 1964” means the Social Welfare (Miscellaneous Provisions) Act, 1964 ;
	“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 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 Act of 1975” means the Social Welfare (Supplementary Welfare Allowances) Act, 1975 ;
	“the Act of 1977” means the Social Welfare Act, 1977 ;
	“the Act of 1978” means the Social Welfare Act, 1978 .
	Old age pensions (new rates, extension of means limits).	2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution of the following subsection for subsection (2) (inserted by the Act of 1978):
	“(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 £18—at the rate set out in Table A to this subsection,
	(ii) where the weekly means of the claimant or pensioner exceed £18—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 £17 but did not exceed £18, less £1.30 for each amount (if any) of £1 by which those weekly means exceed £18, 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, and
	(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 £1.20,
	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, pension or allowance under the Social Welfare Acts, 1952 to 1979, 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, pension or allowance under the Social Welfare Acts, 1952 to 1979.
	(b) For the purposes of this subsection, weekly means shall be the yearly means divided by fifty-two.
	TABLE A
	Rate of Pension
Means of claimant or pensioner Weekly Rate 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 15.80 20.05 24.30 } Plus, where there are more than two qualified children, £3.20 for each qualified child in excess of two. exceed £6 but do not exceed £7 14.50 18.75 23.00 exceed £7 but do not exceed £8 13.20 17.45 21.70 exceed £8 but do not exceed £9 11.90 16.15 20.40 exceed £9 but do not exceed £10 10.60 14.85 19.10 exceed £10 but do not exceed £11 9.30 13.55 17.80 exceed £11 but do not exceed £12 8.00 12.25 16.50 exceed £12 but do not exceed £13 6·70 10·95 15·20 exceed £13 but do not exceed £14 5·40 9·65 13·90 exceed £14 but do not exceed £15 4·10 8·35 12·60 exceed £15 but do not exceed £16 2·80 7·05 11·30 exceed £16 but do not exceed £17 1·50 5·75 10·00 exceed £17 but do not exceed £18 no pension 4·45 8·70
	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 7.85 exceed £6 but do not exceed £7 7·20 exceed £7 but do not exceed £8 6·55 exceed £8 but do not exceed £9 5·90 exceed £9 but do not exceed £10 5·25 exceed £10 but do not exceed £11 4·60 exceed £11 but do not exceed £12 3·95 exceed £12 but do not exceed £13 3·30 exceed £13 but do not exceed £14 2·65 exceed £14 but do not exceed £15 2·00 exceed £15 but do not exceed £16 1·35 exceed £16 but do not exceed £17 0·70 exceed £17 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 “£8.80” for “seven pounds, sixty new pence” (inserted by the Act of 1978).
	(3) Section 77 (6) (inserted by the Act of 1977) of the Act of 1952 is hereby amended by the substitution of “£1.30” for “£1.10” (inserted by the Act of 1978).
	(4) Section 8 (1) (a) (inserted by the Act of 1977) of the Old Age Pensions Act, 1924 , is hereby amended by the substitution of “£884” for “seven hundred and eighty pounds”.
	(5) This section shall come into operation on the 6th day of April, 1979.
	Unemployment assistance (new rates).	3.—(1) In the Act of 1933, Schedule A to this section is hereby substituted for Schedule A inserted by the Act of 1978.
	(2) 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.
	(3) Schedule C 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 £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.
	(4) Section 4 of the Act of 1978 is hereby repealed.
	(5) This section shall come into operation on the 28th day of...