Social Welfare Act, 1991

JurisdictionIreland
CitationIR No. 7/1991
Year1991


Number 7 of 1991


SOCIAL WELFARE ACT, 1991


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title, construction and collective citation.

2.

Interpretation.

PART II

Increases

3.

Social insurance benefits (new rates).

4.

Social assistance payments (new rates).

5.

Child benefit.

6.

Definition of “qualified child”.

7.

Family income supplement.

8.

Carer's allowance.

9.

Payments after death.

10.

Repeal.

11.

Minimum payment of unemployment assistance.

12.

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

13.

Increase in earnings ceiling and minimum contributions payable by self-employed contributors.

14.

Self-employment contributions.

15.

Voluntary contributions by self-employed contributors.

16.

Pay-related benefit.

PART III

Contribution Conditions for Short-Term Benefits

17.

Conditions for receipt of benefit.

18.

Amendment of section 19 of Principal Act (conditions for receipt).

19.

Amendment of section 30 of Principal Act (conditions for receipt).

20.

Amendment of section 89 of Principal Act (conditions for receipt).

21.

Standardisation of maternity provisions.

22.

Insurability of outworkers and managers of employment offices.

PART IV

Contribution Conditions for Pensions

23.

Conditions for receipt of old age (contributory) pension.

24.

Conditions for receipt of retirement pension.

25.

Consequential amendments arising from revised conditions for receipt of old age (contributory) and retirement pensions.

26.

Power to remove difficulties.

27.

Application of Part IV.

PART V

Measures to Combat Abuse

28.

Information required by Minister.

29.

Failure to keep records.

30.

Offences.

31.

Employers to keep copies of statements issued under Minimum Notice and Terms of Employment Act, 1973.

32.

Amendment of section 20 of Act of 1988 (prosecutions).

33.

Furnishing of information to Minister by personal representatives.

34.

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

35.

Revised decisions.

36.

Employment contributions in a winding-up.

37.

Amendment of section 285 (2) of Companies Act, 1963.

38.

Recovery of sums due to Social Insurance Fund.

PART VI

Amalgamation of Separate Employer's Occupational Injuries and Redundancy Contributions with Employer's Social Insurance Contributions

39.

Amalgamation of employer's redundancy contribution with employer's social insurance contribution.

40.

Amalgamation of employer's contribution in respect of occupational injuries with employer's social insurance contribution.

PART VII

Miscellaneous

41.

Social assistance schemes, means test exemptions.

42.

Waiting days.

43.

Overlapping provisions.

44.

Recoupment of supplementary welfare allowance.

45.

Calculation of supplementary welfare allowance.

46.

Disabled person's maintenance allowance.

47.

Family income supplement (interpretation).

48.

Definition of “spouse”.

49.

Requalification for unemployment benefit.

50.

Entitlement to unemployment benefit and assistance.

51.

Disregarding of means for certain recipients of unemployment assistance.

52.

Linking period in unemployment assistance claims.

53.

Notification of increase of means.

54.

Budgeting in relation to social welfare payments.

55.

Duration of payment of disability benefit.

56.

Assessment of means.

57.

Sanction of Minister for Finance in relation to certain regulations.

58.

Repeals.

59.

Regulations in relation to benefit or assistance.

PART VIII

Amendments to Pensions Act

60.

Borrowing by Board.

61.

Amendment of section 37 of Pensions Act.

62.

Amendment of section 55 of Pensions Act.

63.

Amendment of section 56 of Pensions Act.

64.

Amendment of Third Schedule to Pensions Act.

SCHEDULE A

SCHEDULE B

SCHEDULE C

SCHEDULE D


Acts Referred to

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 1990

Defence Forces (Pensions) Acts, 1932 to 1975

Finance Act, 1986

1986, No. 13

Health Act, 1947

1947, No. 28

Health Act, 1970

1970, No. 1

Local Government Act, 1941

1941, No. 23

Maternity Protection of Employees Act, 1981

1981, No. 2

Minimum Notice and Terms of Employment Act, 1973

1973, No. 4

Pensions Act, 1990

1990, No. 25

Protection of Employees (Employer's Insolvency) Act, 1984

1984, No. 21

Protection of Employees (Employer's Insolvency) Acts, 1984 and 1990

Redundancy Payments Act, 1967

1967, No. 21

Redundancy Payments Act, 1979

1979, No. 7

Redundancy Payments Acts, 1967 to 1990

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 (No. 2) Act, 1985

1985, No. 14

Social Welfare Act, 1986

1986, No. 8

Social Welfare Act, 1987

1987, No. 2

Social Welfare (No. 2) Act, 1987

1987, No. 29

Social Welfare Act, 1988

1988, No. 7

Social Welfare Act, 1989

1989, No. 4

Social Welfare Act, 1990

1990, No. 5

Social Welfare Acts, 1981 to 1990


Number 7 of 1991


SOCIAL WELFARE ACT, 1991


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1990, AND FOR THOSE PURPOSES TO AMEND SECTION 69 OF THE HEALTH ACT, 1970 , AND SECTION 285 (2) OF THE COMPANIES ACT, 1963 , AND TO PROVIDE FOR THE AMALGAMATION OF SEPARATE EMPLOYER'S OCCUPATIONAL INJURIES AND REDUNDANCY CONTRIBUTIONS WITH EMPLOYER'S SOCIAL INSURANCE CONTRIBUTIONS, TO AMEND AND EXTEND THE PENSIONS ACT, 1990 , AND TO PROVIDE FOR CONNECTED MATTERS. [1st April, 1991]

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, 1991.

(2) The Social Welfare Acts, 1981 to 1990, and this Act other than sections 37 , 39 , 46 and 60 to 64 of this Act and subsection (3) of this section shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1991.

(3) Section 39 (other than subsection (2)) and the Redundancy Payments Acts, 1967 to 1990, shall be construed together as one and may be cited together as the Redundancy Payments Acts, 1967 to 1991.

Interpretation.

2.—(1) In this Act—

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

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

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

“the No. 2 Act of 1985” means the Social Welfare (No. 2) Act, 1985 ;

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

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

“the No. 2 Act of 1987” means the Social Welfare (No. 2) Act, 1987 ;

“the Act of 1988” means the Social Welfare Act, 1988 ;

“the Act of 1989” means the Social Welfare Act, 1989 ;

“the Act of 1990” means the Social Welfare Act, 1990 ;

“the Pensions Act” means the Pensions Act, 1990 .

(2) References in this Act or in any other enactment to “the Social Welfare Acts” means the Principal Act and every enactment which is to be construed together with it as one.

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 3 of the Act of 1990) 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, deserted wife's benefit, invalidity pension and retirement pension, on the 25th day of July, 1991,

(b) in so far as it relates to death benefit under section 50 , 51 or 52 of the Principal Act, old age (contributory) pension, survivor's benefit, widow's (contributory) pension and orphan's (contributory) allowance, on the 26th day of July, 1991, and

(c) in so far as it relates to disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 29th day of July, 1991.

Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Part I (inserted by section 14 of the Act of 1990) and Part III (inserted by section 4 of the Act of 1990) 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 24th day of July, 1991,

(b) in so far as it relates to pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, single woman's allowance, lone parent's allowance (other than lone parent's allowance payable in respect of a widow or widower) and carer's allowance, on the 25th day of July, 1991,

(c) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension, lone parent's allowance payable in respect of a widow or widower and orphan's (non-contributory) pension, on the 26th day of July, 1991, and

(d) in so far as it relates to supplementary welfare allowance, on the 29th day of July, 1991.

Child benefit.

5.—(1) Section 225 of the Principal Act is hereby amended by the substitution for subsection (1)...

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