Social Welfare Act, 1984

JurisdictionIreland
CitationIR No. 5/1984
Year1984


Number 5 of 1984


SOCIAL WELFARE ACT, 1984


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title, construction and collective citation.

2.

Definitions.

PART II

Increases and Miscellaneous Amendments

3.

Social insurance benefits (new rates).

4.

Social assistance payments (new rates).

5.

Amendment of sections 4 and 67 of Principal Act (expenses).

6.

Amendment of section 65 of Principal Act (employment contributions).

7.

Amendment of section 73 of Principal Act (pay-related benefit).

8.

Amendment of section 76 of Principal Act (pay-related benefit).

9.

Amendment of sections 146 and 210 of, and Third Schedule to, Principal Act (calculation of means).

10.

Amendment of section 223 of Principal Act (qualified child).

11.

Amendment of section 226 of Principal Act (time limit for payment of children's allowances).

12.

Insertion of section 306A in Principal Act.

PART III

Family Income Supplement

13.

Insertion of Part IVA in Principal Act.

14.

Amendment of section 3 of Principal Act (regulations).

15.

Amendment of section 130 of Principal Act (overlapping provisions).

16.

Further amendment of section 146 of, and Third Schedule to, Principal Act (calculation of means).

17.

Commencement of this Part.

PART IV

Cesser of Local Pension Committees, etc., and Consequential Provisions

18.

Repeals (cesser of local pension committees, etc.).

19.

Appointment, duties of social welfare officers.

20.

Cesser of certain offices to local pension committees and provision for compensation.

21.

Further amendment of section 4 of Principal Act (expenses).

22.

Amendment of section 159 of Principal Act (statutory conditions for old age pension).

23.

Amendment of section 167 of Principal Act (commencement of old age pensions).

24.

Amendment of section 169 of Principal Act (legal proceedings).

25.

Amendment of section 170 of Principal Act (regulations).

26.

Amendment of section 175 of Principal Act (blind pension).

27.

Amendment of section 296 of Principal Act (decisions by deciding officers).

28.

Amendment of section 298 of Principal Act (appeals, etc.).

29.

Continuity of this Part with repealed, amended provisions.

30.

Commencement of this Part.

SCHEDULE A

SCHEDULE B


Acts Referred to

Civil Liability (Amendment) Act, 1964

1964, No. 17

Housing Acts, 1966 to 1984

Labourers Acts, 1883 to 1965

Postal and Telecommunications Services Act, 1983

1983, No. 24

Road Traffic Act, 1961

1961, No. 24

Social Welfare (Consolidation) Act, 1981

1981, No. 1

Social Welfare (Amendment) Act, 1981

1981, No. 3

Social Welfare Act, 1982

1982, No. 2

Social Welfare Act, 1983

1983, No. 6


Number 5 of 1984


SOCIAL WELFARE ACT, 1984


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1983, AND TO PROVIDE THAT CERTAIN PAYMENTS UNDER THOSE ACTS SHALL BE TAKEN INTO ACCOUNT IN ASSESSING DAMAGES FOR PERSONAL INJURIES ARISING OUT OF THE USE OF A MECHANICALLY PROPELLED VEHICLE BEING USE IN RESPECT OF WHICH LIABILITY IS REQUIRED TO BE COVERED BY AN APPROVED POLICY OF INSURANCE. [30th March, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title, construction and collective citation.

1.—(1) This Act may be cited as the Social Welfare Act, 1984.

(2) The Social Welfare Acts, 1981 to 1983, and this Act shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1984.

Definitions.

2.—In this Act—

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

“the Act of 1983” means the Social Welfare Act, 1983 ;

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

PART II

Increases and Miscellaneous Amendments

Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I to V of the Second Schedule (inserted by the Act of 1983) of the Parts set out in Schedule A to this Act.

(2) This section shall come into operation—

(a) in so far as it relates to disability benefit, unemployment benefit, maternity allowance, deserted wife's benefit, invalidity pension, retirement pension, injury benefit, disablement gratuity and disablement pension, on the 5th day of July, 1984, and

(b) 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 6th day of July, 1984.

Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for—

(a) Part I of the Fourth Schedule (inserted by the Act of 1983 and varied by the Social Welfare (Variation of Rates of Unemployment Assistance) Regulations, 1983 (S.I. No. 268 of 1983)),

(b) Part III of that Schedule (inserted by the Act of 1983), and

(c) Part IV of that Schedule (inserted by the Social Welfare Act, 1982 ),

of the Parts set out in Schedule B to this Act.

(2) This section shall come into operation—

(a) in so far as it relates to unemployment assistance and supplementary welfare allowance, on the 4th day of July, 1984,

(b) in so far as it relates to deserted wife's allowance, prisoner's wife's allowance, social assistance allowance and single woman's allowance, on the 5th day of July, 1984,

(c) 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 6th day of July, 1984, and

(d) in so far as it relates to children's allowances, on the 7th day of August, 1984.

Amendment of section 4 and 67 of Principal Act (expenses).

5.—(1) Section 4 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsection:

“(3A) Any expenses incurred by An Post under the provisions of Part II, other than Chapter 5 (determined on such basis as may be agreed upon between the Minister, the Minister for Finance and An Post) shall be paid by the Minister out of the Social Insurance Fund to An Post at such times and in such manner as the Minister for Finance may direct”

(2) Section 67 of the Principal Act is hereby amended by the insertion after subsection (10) of the following subsection:

“(10A) Any expenses incurred by An Post under the provisions of this Chapter (determined on such basis as may be agreed upon between the Minister, the Minister for Finance and An Post) shall be paid by the Minister out of the Occupational Injuries Fund to An Post at such times and in such manner as the Minister for Finance may direct.”.

Amendment of section 65 of Principal Act (employment contributions).

6.—(1) Section 65 of the Principal Act (as amended by the Amendment Act of 1981) is hereby amended by the substitution for the percentage rates specified in subsection (2) (a) (ii) and subsection (2) (b) of 0.4 per cent.

(2) This section shall come into operation on the 6th day of April, 1984.

Amendment of section 73 of Principal Act (pay-related benefit).

7.—(1) Section 73 of the Principal Act (inserted by the Act of 1983) is hereby amended by the substitution for “£36” of “£43”.

(2) Subsection (1) of this section shall have effect in relation to any period of interruption of employment commencing on or after the 2nd day of April, 1984.

Amendment of section 76 of Principal Act (pay-related benefit).

8.—Section 76 of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsection:

“(1A) Notwithstanding section 72, the Minister may, with the consent of the Minister for Finance, make regulations providing that, for the purposes of a scheme administered by the Department of Labour and known as the Enterprise Allowance Scheme, a person accepted into that Scheme who, if he had continued to be unemployed, would be entitled to continue to receive pay-related benefit, shall be entitled, subject to such conditions as may be specified in the regulations, to receive such benefit in the form of a lump sum equivalent to the amount which he would otherwise have received in respect of the unexpired portion (subject to a maximum of 26 weeks) of the relevant period of interruption of employment.”.

Amendment of section 146 and 210 of, and Third Schedule to, Principal Act (calculation of means).

9.—(1) Section 146 of the Principal Act is hereby amended—

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

“(a) the yearly value ascertained in the prescribed manner of all property belonging to him (not being property personally used or enjoyed by him or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use;”,

and

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

“(c) the yearly value ascertained in the prescribed manner of any advantage accruing to him from—

(i) the use of property (other than a domestic dwelling or farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by him, and

(ii) the leasing by him of a farm of land under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice;”.

(2) Section 210 of the Principal Act is hereby amended—

(a) by the...

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