Social Welfare Act, 1987

• Jurisdiction: Ireland

Number 2 of 1987
SOCIAL WELFARE ACT, 1987
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Social insurance benefits (new rates). 3. Social assistance payments (new rates). 4. Family income supplement. 5. Pay-related social insurance contributions (increase in earnings ceiling). 6. Exemption from payment of contributions, etc. 7. Rate of pay-related benefit. 8. Increase in contribution weeks necessary for entitlement to certain benefits, etc. 9. Calculation of amounts payable on basis of daily rates for certain benefits. 10. Amendment of section 76 of Principal Act (regulations). 11. Participation in certain schemes not to affect subsequent entitlement to unemployment benefit or assistance. 12. Repeals. 13. Short title, construction and collective citation.
SCHEDULE A
SCHEDULE B
Acts Referred to Health Contributions Act, 1979 1979, No. 4 Protection of Employees (Employers Insolvency) Act, 1984 1984, No. 21 Redundancy Payments Act, 1967 1967, No. 21 Redundancy Payments Act, 1979 1979, No. 7 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 Social Welfare Act, 1984 1984, No. 5 Social Welfare Act, 1985 1985, No. 5 Social Welfare Act, 1986 1986, No. 8 Youth Employment Agency Act, 1981 1981, No. 32
Number 2 of 1987
SOCIAL WELFARE ACT, 1987
AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1986. [4th April, 1987]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definitions.	1.—In this Act—
	“the Act of 1984” means the Social Welfare Act, 1984 ;
	“the Act of 1985” means the Social Welfare Act, 1985 ;
	“the Act of 1986” means the Social Welfare Act, 1986 ;
	“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 IV (inserted by the Act of 1986) of the Second Schedule thereto 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 16th day of July, 1987,
	(b) in so far as it relates to disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 20th day of July, 1987,
	(c) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 23rd day of July, 1987, 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 24th day of July, 1987.
	Social assistance payments (new rates).	3.—(1) The Principal Act is hereby amended by the substitution for Parts I and III (inserted by the Act of 1986) of the Fourth Schedule thereto 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 15th day of July, 1987,
	(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 23rd day of July, 1987,
	(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 24th day of July, 1987, and
	(d) in so far as it relates to supplementary welfare allowance, on the 20th day of July, 1987.
	Family income supplement.	4.—(1) Section 232B (inserted by the Act of 1984) of the Principal Act (which relates to the entitlement to family income supplement) is hereby amended by—
	(a) the substitution in paragraph (a) for “£100” (inserted by the Act of 1985) of “£104”, and
	(b) the substitution in paragraph (b) for “£100” (inserted by the Act of 1985) of “£104” and for “£20” (inserted by the Act of 1986) of “£22”.
	(2) Section 232C (inserted by the Act of 1984) of the Principal Act (which relates to the weekly rate of family income supplement) is hereby amended by—
	(a) the substitution in subsection (1) for “one-third” (inserted by the Act of 1986) of “one-half”,
	(b) the substitution in subsection (2) (a) for “£10” (inserted by the Act of 1986) of “£16”, and
	(c) the substitution in subsection (2) (b) for “£10” (inserted by the Act of 1986) of “£16”, and for “£4” (inserted by the Act of 1986) of “£7”.
	(3) This section shall come into operation on the 23rd day of July, 1987.
	Pay-related social insurance contributions (increase in earnings ceiling).	5.—(1) Section 10 (1) of the Principal Act is hereby amended by the substitution for paragraph (c) (inserted by the Act of 1986) of the following paragraph:
	“(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £15,500 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, 1987.
	Exemption from payment of contributions, etc.	6.—Any employer who, during the period commencing on the 16th day of December, 1986, and ending on the 31st day of January, 1987, employed, under and by virtue of the scheme administered by the Department of Social Welfare and known as the Employers' Pay-Related Social Insurance Exemption Scheme, additional employees shall not, during the period commencing on the 6th day of April, 1987, and ending on the 5th day of April, 1988. be liable to pay in respect of additional employees who constitute a net increase in the employer's workforce under the scheme all or any of the following, namely—
	(a) the contribution specified in section 10 (1) (b) (ii) (as amended by the Social Welfare Act, 1982 ), of the Principal Act;
	(b) the employment contribution specified in subsection (2) (a) (ii), and the increase specified in subsection (2) (b), of section 65 (as amended by the Act of 1986) of the Principal Act;
	(c) the health contribution payable by an employer under section 5 (1) (b) of the Health Contributions Act, 1979 ;
	(d) the youth employment levy payable under section 16 (c) of the Youth Employment Agency Act, 1981 ; or
	(e) the employers' redundancy contribution payable under section 28 (inserted by section 3 of the Redundancy Payments Act, 1979 , and extended by section 2 of the Protection of Employees (Employers' Insolvency) Act, 1984 ) of the Redundancy Payments Act, 1967 .
	Rate of pay-related benefit.	7.—(1) The following section is hereby substituted for section 73 of the Principal Act (inserted by the Social Welfare Act, 1983 , and as amended by the Act of 1986):
	“73.—The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be, for any part of that period up to the 393rd day of incapacity for work or for any part of that period up to the 393rd day of unemployment, an amount equal to 12 per cent. of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds £62 but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict the total amount of benefit payable under this Part to the person in respect of any week.”.
	(2) This section shall have effect in relation to any period of interruption of employment commencing on or after the 6th day of April, 1987.
	Increase in contribution weeks necessary for entitlement to certain benefits. etc.	8.—(1) Section 19 of the Principal Act (which relates to contribution conditions for disability benefit) is hereby amended by the substitution in subsection (1) (a) for “26 contribution weeks” of “39 contribution weeks”.
	(2) Section 22 of the Principal Act (which relates to the duration of payment of disability benefit) is hereby amended by the substitution in subsection (1) (a) for “156 contribution weeks” of “208 contribution weeks”.
	(3) Section 25 of the Principal Act (which relates to contribution conditions for maternity allowance) is hereby amended by the substitution in subsection (1) (inserted by the Social Welfare (Amendment) Act, 1981 ) for “26 contribution weeks” of “39 contribution weeks” in each place where it occurs.
	(4) Section 30 of the Principal Act (which relates to contribution conditions for unemployment benefit) is hereby amended by the substitution in subsection (1) (a) for “26 contribution weeks” of “39 contribution weeks”.
	(5) Section 89 of the Principal Act (which relates to contribution conditions for invalidity pension) is hereby amended by the substitution in subsection (1) (a) for “156 contribution weeks” of “208 contribution weeks”.
	(6) (a) Subsection (1) of this section shall not apply to any period of interruption of employment commencing before the 6th day of April, 1987.
	(b) Subsection (2) of this section shall not apply to any period of entitlement to disability benefit beyond 312 days, where such period commences before the 6th day of April, 1987.
	(c) Subsection (3) of this section shall not apply to any entitlement to maternity allowance commencing before the 6th day of April, 1987.
	(d) Subsection (4) of this section shall not apply to any period of interruption of employment commencing before the 6th day of April, 1987.
	(e) Subsection (5) of this section shall not apply to any entitlement to invalidity pension...