Social welfare act, 1985

Enactment Date28 March 1985
Act Number5


Number 5 of 1985


SOCIAL WELFARE ACT, 1985


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Social insurance benefits (new rates).

3.

Social assistance payments (new rates).

4.

Family income supplement.

5.

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

6.

Pay-related social insurance contributions (increase in earnings ceiling).

7.

Amendment of Part I of First Schedule to Principal Act (Employments).

8.

Amendment of section 7 of Principal Act (Modified insurance).

9.

Amendment of section 38 of Principal Act (insurable (occupational injuries) employment).

10.

Amendment of Part II of First Schedule to Principal Act (Excepted Employments).

11.

Amendment of section 135 of Principal Act (Interpretation, Part III, Chapter 2).

12.

Increase of fines.

13.

Appointment and duties of social welfare officers (Part III, Chapter 2).

14.

Limitation of benefits by pre-accident earnings.

15.

Short title, construction and collective citation.

SCHEDULE A

SCHEDULE B

SCHEDULE C


Acts Referred to

Industrial Relations Act, 1946

1946, No. 26

Social Welfare Act, 1983

1983, No. 6

Social Welfare Act, 1984

1984, No. 5

Social Welfare (Consolidation) Act, 1981

1981, No. 1


Number 5 of 1985


SOCIAL WELFARE ACT, 1985


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1984. [28th March, 1985]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Act of 1984” means the Social Welfare Act, 1984 ;

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

Social insurance benefits (new rates).

2.—(1) The Principal Act is hereby amended by the substitution for Parts I to V of the Second Schedule (inserted by the Act of 1984) 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 unemployment benefit, on the 4th day of July, 1985,

(b) in so far as it relates to disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 8th day of July, 1985,

(c) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 11th day of July, 1985, and

(d) 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 12th day of July, 1985.

Social assistance payments (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I and III of the Fourth Schedule (inserted by the Act of 1984) 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, on the 3rd day of July, 1985,

(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 11th day of July, 1985,

(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 12th day of July, 1985, and

(d) in so far as it relates to supplementary welfare allowance, on the 8th day of July, 1985.

Family income supplement.

4.—(1) Section 232B (which relates to the entitlement to family income supplement) of the Principal Act (inserted by the Act of 1984) is hereby amended by the substitution for “£95”, in each place where it occurs, of “£100” and by the substitution for “£15” of “£18”.

(2) Section 232C (which relates to the weekly rate of family income supplement) of the Principal Act (inserted by the Act of 1984) is hereby amended by the substitution in subsection (2) (b) for “£1.75” of “£2.50”.

(3) This section shall apply to any claim for family income supplement which is received on or after the 11th day of July, 1985.

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

5.—(1) Section 73 of the Principal Act is hereby amended by the substitution for “£43” (inserted by the Act of 1984) of “£49”.

(2) This section shall have effect in relation to any period of interruption of employment commencing on or after the 1st day of April, 1985.

Pay-related social insurance contributions (increase in earnings ceiling).

6.—(1) Section 10 (1) of the Principal Act is hereby amended by the substitution for paragraph (c) (inserted by the Social Welfare Act, 1983 ) of the following paragraph:

“(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £13,800 and contributions under paragraph (b) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor in that contribution year.”.

(2) This section shall come into operation on the 6th day of April, 1985.

Amendment of Part I of First Schedule to Principal Act (Employments).

7.—(1) Part I of the First Schedule to the Principal Act is hereby amended by the insertion after paragraph 12 of the following paragraph:

“13. Employment as chairman, deputy chairman or ordinary member of the Labour Court established under the Industrial Relations Act, 1946 .”.

(2) This section shall come into operation on such day as the Minister appoints by order.

Amendment of section 7 of Principal Act (Modified insurance).

8.—Section 7 (1) of the Principal Act is hereby amended by the substitution in paragraph (a) for “and 12” of “12 and 13 (inserted by the Social Welfare Act, 1985)”.

Amendment of section 38 of Principal Act (insurable (occupational injuries) employment).

9.—Section 38 (3) of the Principal Act is hereby amended by the insertion after paragraph (f) of the following paragraph:

“(g) employment specified in paragraph 13 (inserted by the Social Welfare Act, 1985) of Part I of the First Schedule”.

Amendment of Part II of First Schedule to Principal Act (Excepted Employments).

10.—(1) Part II of the First Schedule to the Principal Act is hereby amended by the substitution for paragraphs 8 and 9 of the following paragraphs:

“8. Employment, other than employment in the Defence Forces, as a registered or provisionally registered medical practitioner.

9. Employment, other than employment in the Defence Forces, as a registered dentist.”.

(2) This section shall come into operation on the 6th day of April, 1985.

Amendment of section 135 of Principal Act (Interpretation, Part III, Chapter 2).

11.—Section 135 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:

“(2A) For the purposes of this Chapter, any period, being not longer than one year in duration, of—

(a) employment under a scheme administered by the Department of Labour and known as the Social Employment Scheme, or

(b) participation in a scheme administered by the Department of Labour and known as the Enterprise Allowance Scheme, or

(c) participation in a scheme administered by the Department of Labour and known as the Alternance Scheme, or

(d) attendance at a training course provided or approved of by An Chomhairle Oiliúna, or

(e) employment under a scheme administered by the Department of Labour and known as Teamwork,

shall be disregarded in treating, pursuant to subsection (2) of this section, any two continuous periods of unemployment not separated by more than 20 weeks as one continuous period of unemployment.”.

Increase of fines.

12.—A person convicted of an offence for which a fine is provided in any section of the Principal Act specified in column (2) of Schedule C to this Act shall—

(a) in the case of a summary conviction, in lieu of the fine provided in any such section and specified in column (3) of that Schedule, be liable to the fine specified in column (4) of that Schedule at that reference number, or

(b) in the case of a conviction on indictment, in lieu of the fine provided in any such section and specified in column (5) of that Schedule, be liable to the fine specified in column (6) of that Schedule at that reference number,

and any such section shall be construed and have effect accordingly.

Appointment and duties of social welfare officers (Part III, Chapter 2).

13.—The Principal Act is hereby amended by the insertion after section 143 of the following section:

“Appointment and duties of social welfare officers.

143A.—(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be social welfare officers for the purpose of this Chapter.

(2) Every such officer shall investigate into and report to the Minister upon any application for or in respect of a qualification certificate and any question arising on or in relation to such qualification certificate or in relation to unemployment assistance which may be referred to him by the Minister, and may, for the purpose of such investigation and report require an applicant for, or holder of, a qualification certificate or the spouse or any employer of the applicant or holder to furnish him with such information and to produce to him such documents as he may reasonably require.

(3) A social welfare officer shall, for the purposes of this Chapter, have power to do all or any of the following things:—

(a) to enter at all reasonable times any premises or place liable to inspection under this section,

(b) to make such examination and enquiry as may be necessary for the purposes of this Chapter,

(c) to examine either alone or in the presence of any other person...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT