Social Welfare Act, 1992

• Jurisdiction: Ireland
• Citation: IR No. 5/1992

Number 5 of 1992
SOCIAL WELFARE ACT, 1992
ARRANGEMENT OF SECTIONS
PART I
Preliminary
Section 1. Short title, construction and collective citation. 2. Definitions.
PART II
Increases
3. Social insurance benefits (new rates). 4. Social assistance payments (new rates). 5. Invalidity pension (increase where pensioner has attained age of 80 years). 6. Family income supplement (new weekly rates). 7. Pay-related social insurance contributions (increase in earnings ceilings). 8. Self-employment contributions (increase in earnings ceiling). 9. Pay-related benefit.
PART III
Pension Schemes
10. Old age (contributory) pension (alternative method of determining yearly average). 11. Retirement pension (alternative method of determining yearly average). 12. Widow's (contributory) pension (extension of automatic entitlement). 13. Proceeds derived from sale of pensioner's principal residence exempt from assessment of means. 14. Living alone circumstances to be specified in regulations. 15. Orphan's pension schemes. 16. Increases for qualified children. 17. Definition of “spouse” in relation to certain pensions. 18. Amendment of Third Schedule to Principal Act (rules as to calculation of means).
PART IV
Maternity Allowance
19. Maternity allowance.
PART V
Liability to Maintain Family
20. Amendment of section 314 of Principal Act. 21. Amendment of section 316 of Principal Act. 22. Insertion of sections 316A to 316J in Principal Act. 23. Amendment of section 318 of Principal Act. 24. Amendment of section 319 of Principal Act.
PART VI
Deserted Wife's Benefit
25. Deserted wife's benefit (title to benefit). 26. Deserted wife's benefit (conditions for receipt).
PART VII
Unemployment Payment Schemes
27. Substitution for Chapter 2, Part III of Principal Act. 28. Unemployment benefit (title to benefit). 29. Amendment of section 35 of Principal Act (disqualification for unemployment benefit). 30. Title to pay-related benefit. 31. Unemployment benefit (period of disqualification).
PART VIII
Disability and Occupational Injury Benefit
32. Qualifying conditions for disability benefit. 33. Disability benefit (period of disqualification). 34. Discontinuance of pay-related benefit for periods of incapacity for work. 35. Injury benefit (weekly rates).
PART IX
Miscellaneous
36. Carer's allowance. 37. Integration of single woman's allowance scheme with pre-retirement allowance scheme. 38. Amendment of section 44 of Principal Act. 39. Family income supplement (regulations). 40. Clarification of section 300 (5) (aa) of Principal Act (revised decisions). 41. Administration of social welfare schemes. 42. Selection of panels of assessors to sit with appeals officers. 43. Additional increases of lone parent's allowance to certain persons. 44. Disqualification for entitlement to benefit where person is convicted of an offence. 45. Increase of fine under section 227 of Principal Act. 46. Recoupment of supplementary welfare allowance. 47. Amendment of section 209 of Principal Act. 48. Amendment of section 28 of Act of 1991 (information required by Minister). 49. Amendment of section 4 of Social Welfare (No. 2) Act, 1985 (amounts of increases payable in respect of qualified child normally resident with beneficiary). 50. Family income supplement (treating claims as having been made on a date earlier than date of receipt of claim). 51. Sanction of Minister for Finance in relation to certain regulations. 52. Saving for certain instruments and documents.
PART X
Amendments to Pensions Act
53. Amendment of section 2 of Pensions Act. 54. Preserved benefit. 55. Amendment of section 34 of Pensions Act. 56. Amendment of section 46 of Pensions Act. 57. Amendment of section 48 of Pensions Act. 58. Amendment of section 55 of Pensions Act. 59. Amendment of section 56 of Pensions Act. 60. Amendment of section 62 of Pensions Act. 61. Repeals. 62. Amendment of section 71 of Pensions Act. 63. Amendment of Third Schedule to Pensions Act.
SCHEDULE A
SCHEDULE B
Acts Referred to Agriculture Act, 1931 1931, No. 8 Army Pensions Acts, 1923 to 1980 Courts (No. 2) Act, 1986 1986, No. 26 Enforcement of Court Orders Act, 1926 1926, No. 18 Enforcement of Court Orders Act, 1940 1940, No. 23 Family Law (Maintenance of Spouses and Children) Act, 1976 1976, No. 11 Finance Act, 1972 1972, No. 19 Harbours Act, 1946 1946, No. 9 Health Act, 1970 1970, No. 1 Insurance Act, 1989 1989, No. 3 Local Government Act, 1941 1941, No. 23 Maternity Protection of Employees Act, 1981 1981, No. 2 Pensions Act, 1990 1990, No. 25 Redundancy Payments Acts, 1967 to 1991 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 (No. 2) Act, 1987 1987, No. 29 Social Welfare Act, 1989 1989, No. 4 Social Welfare (No. 2) Act, 1989 1989, No. 12 Social Welfare Act, 1990 1990, No. 5 Social Welfare Act, 1991 1991, No. 7 Social Welfare Acts, 1981 to 1991 Status of Children Act, 1987 1987, No. 26 Vocational Education Act, 1930 1930, No. 29
Number 5 of 1992
SOCIAL WELFARE ACT, 1992
AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1991, TO AMEND AND EXTEND THE PENSIONS ACT, 1990 , AND TO PROVIDE FOR CONNECTED MATTERS. [5th April, 1992]
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, 1992.
	(2) The Social Welfare Acts, 1981 to 1991, and this Act, other than Part X shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1992.
	Definitions.	2.—In this Act—
	“the Principal Act” means the Social Welfare (Consolidation) Act, 1981 ;
	“the Act of 1981” means the Social Welfare (Amendment) Act, 1981 ;
	“the Act of 1990” means the Social Welfare Act, 1990 ;
	“the Act of 1991” means the Social Welfare Act, 1991 ;
	“the Pensions Act” means the Pensions Act, 1990 .
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 1991 and amended by subsection (1) of section 35 ) 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 disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 27th day of July, 1992,
	(b) in so far as it relates to unemployment benefit, deserted wife's benefit, invalidity pension and retirement pension, on the 30th day of July, 1992,
	(c) 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 31st day of July, 1992.
	Social assistance payments (new rates).	4.—(1) The Principal Act is hereby amended by the substitution for Parts I and III (inserted by section 4 of the Act of 1991 ) 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 supplementary welfare allowance, on the 27th day of July, 1992,
	(b) in so far as it relates to unemployment assistance, on the 29th day of July, 1992,
	(c) 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 30th day of July, 1992, and
	(d) 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 31st day of July, 1992.
	Invalidity pension (increase where pensioner has attained age of 80 years).	5.—(1) Section 91 of the Principal Act is hereby amended by the insertion after subsection (5) (inserted by section 16 of the Act of 1981 ) of the following subsection:
	“(6) The weekly rate of invalidity pension shall be increased by £4.20 where the beneficiary has attained the age of 80 years.”.
	(2) Subsection (1) shall come into operation on the 9th day of April, 1992.
	(3) Section 91 of the Principal Act is hereby further amended by the substitution for subsection (6) (inserted by subsection (1)) of the following subsection:
	“(6) The weekly rate of invalidity pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”.
	(4) Subsection (3) shall come into operation on the 30th day of July, 1992.
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