Social Welfare Act, 1982

JurisdictionIreland
CitationIR No. 2/1982
Year1982


Number 2 of 1982


SOCIAL WELFARE ACT, 1982


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Social insurance benefits (new rates).

3.

Social assistance payments and children's allowances (new rates).

4.

Revised method of calculating certain pensions and allowances.

5.

Pay-related social insurance contributions (new rates).

6.

Amendment of Rule 1 (4) of Third Schedule to Principal Act (rules as to calculation of means).

7.

Increase for certain invalidity pensioners.

8.

Amendment of section 136 (3) of Principal Act (unemployment assistance qualification certificates).

9.

Amendment of section 308 of Principal Act (temporary increases of rates of benefit or assistance).

10.

Miscellaneous amendments of Principal Act.

11.

Short title, construction and collective citation.

SCHEDULE A

SCHEDULE B


Acts Referred to

Social Welfare (Amendment) Act, 1981

1981, No. 3

Social Welfare (Consolidation) Act, 1981

1981, No. 1


Number 2 of 1982


SOCIAL WELFARE ACT, 1982


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1981 . [29th March, 1982].

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Amendment Act of 1981” means the Social Welfare (Amendment) Act, 1981 ;

“the Principal Act” means the Social Welfare (Consolidation) Act, 1981 .

Social insurance benefits (new rates).

2.—(1) The Principal Act (as amended by the Amendment Act of 1981 and varied by the Social Welfare (Variation of Rates of Payments) Regulations, 1981 ( S.I. No. 312 of 1981 )) is hereby amended by the substitution for the Second Schedule to that Act of the Schedule set out in Schedule A to this Act.

(2) Section 21 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of disability benefit shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(3) Section 32 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of unemployment benefit shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(4) Section 44 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of injury benefit shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(5) Section 50 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (9):

“(9) The weekly rate of pension under subsection (2) or (6) shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary and who—

(a) normally resided with the beneficiary or the deceased immediately before the death of the deceased, or

(b) being a child, grand-child or step-child of the deceased or of the beneficiary, became normally resident with the beneficiary subsequent to the death of the deceased, or

(c) was adopted by the beneficiary pursuant to the provisions of the Adoption Acts, 1952 to 1976, subsequent to the death of the deceased.”.

(6) Section 81 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of old age (contributory) pension shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(7) Section 86 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of retirement pension shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(8) Section 91 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of invalidity pension shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(9) Section 95 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) The weekly rate of widow's (contributory) pension shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(10) Section 103 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) The weekly rate of deserted wife's benefit shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(11) This section shall come into operation—

(a) in so far as it relates to disability benefit, unemployment benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 5th day of April, 1982,

(b) in so far as it relates to deserted wife's benefit, invalidity pension, retirement pension and death grant, on the 1st day of April, 1982, and

(c) in so far as it relates to death benefit under section 50, 51 or 52 of the Principal Act, old age (contributory) pension, widow's (contributory) pension and orphan's (contributory) allowance, on the 2nd day of April, 1982.

Social assistance payments and children's allowances (new rates).

3.—(1) The Principal Act (as amended by the Amendment Act of 1981 and varied by the Social Welfare (Variation of Rates of Payments) Regulations, 1981 ( S.I. No. 312 of 1981 )) is hereby amended by the substitution for the Fourth Schedule to that Act of the Schedule set out in Schedule B to this Act.

(2) Section 139 of the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (b):

“(b) the appropriate amount set out in column (4), (4a), (5) or (5a) of that Part in respect of each qualified child who normally resides with the applicant or recipient.”.

(3) Section 161 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) The rate (in this Chapter referred to as the scheduled rate) of old age pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule, increased, where there is a qualified child or there are qualified children, by the appropriate amount set out in column (4), (4a), (5) or (5a) of that Part in respect of each qualified child.”.

(4) Section 178 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) The rate (in this section referred to as the scheduled rate) of widow's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule, increased, where there is a qualified child or there are qualified children, by the appropriate amount set out in column (4), (4a), (5) or (5a) of that Part in respect of each qualified child who normally resides with the widow.”.

(5) Section 208 of the Principal Act is hereby amended—

(a) by the substitution of the following paragraph for paragraph (b) of subsection (1):

“(b) the appropriate amount set out in column (4), (4a), (5) or (5a) of that Part in respect of each child dependant.”, and

(b) by the substitution of the following subsection for subsection (2):

“(2) For the purposes of this section, the definition of adult dependant in section 2(1) and columns (4), (4a), (5) and (5a) of Part I of the Fourth Schedule shall be construed as if 'child dependant' and 'child dependants' were substituted for 'qualified child' and 'qualified children' respectively.”.

(6) Section 225 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) Subject to this Part and the regulations thereunder, a person who is qualified for a children's allowance shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly allowance of the amount set out in column (1) of Part IV of the Fourth Schedule in respect of each of the first five qualified children and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of five.”.

(7) This section shall come into operation—

(a) in so far as it relates to unemployment assistance, on the 31st day of March, 1982,

(b) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension and orphan's (non-contributory) pension, on the 2nd day of April, 1982,

(c) in so far as it relates to deserted wife's allowance, prisoner's wife's allowance, social assistance allowance, single woman's allowance, and children's allowances, on the 1st day of April, 1982, and

(d) in so far as it relates to supplementary welfare allowance, on the 5th day of April, 1982.

Revised method of calculating certain pensions and allowances.

4.—(1) Sections 161 (2) and 178 (2) of...

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