Social Welfare Act, 1988

JurisdictionIreland
CitationIR No. 7/1988


Number 7 of 1988


SOCIAL WELFARE ACT, 1988


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title, construction and collective citations.

2.

Definitions.

PART II

Increases

3.

Social insurance benefits (new rates).

4.

Social assistance payments (new rates).

5.

Family Income Supplement.

6.

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

7.

Employment contributions.

8.

Pay-related benefit.

9.

Amendment of section 15 of Principal Act (regulations for contributions, etc.).

PART III

Social Insurance for the Self-Employed

10.

Amendment of section 2 of Principal Act (interpretation generally).

11.

Insertion of Chapter 1A in Part II of Principal Act.

12.

Amendment of First Schedule to Principal Act.

13.

Amendment of section 78 of Principal Act (old age (contributory) pension).

14.

Amendment of section 93 of Principal Act (widow's (contributory) pension).

15.

Decisions.

16.

Application of provisions of Principal Act relating to self-employed contributors and calculation of contributions.

17.

General Provisions as to Regulations.

18.

Power to remove difficulties.

PART IV

Miscellaneous Amendments

19.

Application of Probation of Offenders Act, 1907, to certain persons.

20.

Provisions relating to prosecutions.

21.

Increase in penalties on conviction on indictment.

22.

Increases of certain fines on summary conviction.

23.

Periods of interruption of employment to be taken into account in ascertaining entitlement to benefit.

24.

Amounts payable for injury benefit and unemployment assistance.

25.

Effect of means on rates of unemployment assistance.

26.

Repeal of provisions relating to payments by local authorities.

27.

Amendment of Employers' Employment Contribution Scheme Act, 1981.

28.

Pre-retirement allowance.

29.

Insurable (occupational injuries) employment.

30.

Conditions for receipt of old age and widow's (contributory) pensions and deserted wife's benefit.

31.

Exchange of information.

SCHEDULE A

SCHEDULE B


Acts Referred to

Companies Acts, 1963 to 1986

Employers' Employment Contribution Scheme Act, 1981

1981, No. 19

Finance Act, 1969

1969, No. 21

Finance Act, 1972

1972, No. 19

Finance Act, 1975

1975, No. 6

Finance Act, 1980

1980, No. 14

Finance Act, 1986

1986, No. 13

Income Tax Act, 1967

1967, No. 6

Local Government Act, 1941

1941, No. 23

Probation of Offenders Act, 1907

1907, c. 17

Social Welfare Act, 1973

1973, No. 10

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 (No. 2) Act, 1985

1985, No. 14

Social Welfare Act, 1986

1986, No. 8

Social Welfare Act, 1987

1987, No. 2

Social Welfare Acts, 1981 to 1987


Number 7 of 1988


SOCIAL WELFARE ACT, 1988


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1987, AND THE EMPLOYERS' EMPLOYMENT CONTRIBUTION SCHEME ACT, 1981 . [30th March, 1988]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title, construction and collective citations.

1.—(1) This Act may be cited as the Social Welfare Act, 1988.

(2) The Social Welfare Acts, 1981 to 1987, and this Act (other than section 27 ) shall be construed as one.

(3) The Social Welfare Acts, 1981 to 1987, and this Act (other than section 27 ) may be cited together as the Social Welfare Acts, 1981 to 1988.

(4) Section 27 of this Act and the Employers' Employment Contribution Scheme Act, 1981 , may be cited together as the Employers' Employment Contribution Scheme Acts, 1981 and 1988.

Definitions.

2.—(1) In this Act—

“the Act of 1985” means the Social Welfare Act, 1985 ;

“the Act of 1986” means the Social Welfare Act, 1986 ;

“the Act of 1987” means the Social Welfare Act, 1987 ;

“the Income Tax Acts” has the meaning assigned to it by section 3 of the Income Tax Act, 1967 ;

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

(2) References in this Act to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment.

PART II

Increases

Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 2 of the Act of 1987) 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 21st day of July, 1988,

(b) in so far as it relates to disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 25th day of July, 1988,

(c) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 28th day of July, 1988, 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 29th day of July, 1988.

Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I and III (inserted by section 3 of the Act of 1987) 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 20th day of July, 1988,

(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 28th day of July, 1988,

(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 29th day of July, 1988, and

(d) in so far as it relates to supplementary welfare allowance, on the 25th day of July, 1988.

Family Income Supplement.

5.—(1) Section 232B (inserted by section 13 of the Social Welfare Act, 1984 ) of the Principal Act is hereby amended by—

(a) the substitution in paragraph (a) for “£104” (inserted by section 4 of the Act of 1987) of “£108”, and

(b) the substitution for paragraph (b) (amended by the said section 4) of the following paragraph:

“(b) in the case of a family which includes more than one child, £108 increased by—

(i) £23 for each additional child up to and including the fifth child, or

(ii) such amounts as may be prescribed for each additional child up to and including such number of children as may be prescribed.”.

(2) Section 232C(2) (inserted by section 13 of the Social Welfare Act, 1984 ) of the Principal Act is hereby amended by the substitution for paragraph (b) (amended by section 4 of the Act of 1987) of the following paragraph:

“(b) in the case of a family which includes more than one child, £16 increased by—

(i) £7 for each additional child up to and including the fifth child, or

(ii) such rates as may be prescribed for each additional child up to and including such number of children as may be prescribed.”.

(3) Subsection (1) of this section shall apply to any claim for family income supplement which is received on or after the 28th day of July, 1988.

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 section 5 of the Act of 1987) of the following paragraph:

“(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £16,200 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, 1988.

Employment contributions.

7.—(1) Section 65 of the Principal Act is hereby amended by the substitution in paragraphs (a) (ii) and (b) of subsection (2) for “0.43 per cent.” (inserted by section 7 of the Act of 1986) of “0.5 per cent.”.

(2) This section shall come into operation on the 6th day of April, 1988.

Pay-related benefit.

8.—(1) Section 73 (inserted by section 7 of the Act of 1987) of the Principal Act is hereby amended by the substitution for “£62” of “£66”.

(2) This section shall have effect in relation to any period of interruption of employment commencing on or after the 4th day of April, 1988.

Amendment of section 15 of Principal Act (regulations for contributions, etc.).

9.—Section 15 (1) of the Principal Act is hereby amended by the insertion after paragraph (c) of the following paragraph:

“(cc) the waiving of interest due on arrears of employment contributions.”.

PART III

Social Insurance for the Self-Employed

Amendment of section 2 of Principal Act (interpretation generally).

10.—Section 2 (1) of the Principal Act is hereby amended—

(a) by the deletion of the definition of “qualifying contribution”, and

(b) by the insertion of the following definitions:

“‘insurable self-employment’ means self-employment of such a nature that a person engaged therein would be a self-employed contributor;

‘qualifying...

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