Social Welfare Act, 1995

JurisdictionIreland
CitationIR No. 3/1995


Number 3 of 1995


SOCIAL WELFARE ACT, 1995


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title and construction.

2.

Definitions.

PART II

Increases

3.

Social insurance benefits (new rates).

4.

Social assistance payments (new rates).

5.

Child benefit (new rates, etc.).

PART III

Social Insurance Contributions

6.

Employment contributions (new rates of contributions and increase in earnings ceiling).

7.

Self-employment contributions (new rates of contributions and increase in earnings ceiling).

8.

Optional contributions (new rates of contributions).

9.

Voluntary contributions by former self-employed contributors.

10.

Exemption from payment of contributions.

PART IV

Miscellaneous

11.

Adoptive benefit.

12.

Carer's allowance (eligibility conditions and calculation of means).

13.

Maternity benefit.

14.

Qualified child (definition).

15.

Adult dependant (payment of allowances in certain circumstances).

16.

Unemployment assistance (rates of payment and calculation of means).

17.

Unemployment benefit (optional contributions— duration of payment).

18.

Replacement of references to “Social Employment Scheme” with “Community Employment”.

19.

Old age (contributory) and survivor's pensions (reckoning of employment contributions).

20.

Orphans' pensions (definition and rate of payment).

21.

Recoupment of supplementary welfare allowance.

22.

Disqualification from benefit while absent from State or undergoing imprisonment, etc.

23.

Amendments to Third Schedule of Principal Act.

PART V

Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981

24.

Amendment of Health Contributions Act, 1979.

25.

Amendment of Youth Employment Agency Act, 1981.

SCHEDULE A

SCHEDULE B

SCHEDULE C


Number 3 of 1995


SOCIAL WELFARE ACT, 1995


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, THE HEALTH CONTRIBUTIONS ACT, 1979 , AND THE YOUTH EMPLOYMENT AGENCY ACT, 1981 . [5th April, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title and construction.

1.—(1) This Act may be cited as the Social Welfare Act, 1995.

(2) The Social Welfare Acts and this Act (other than Part V ) shall be construed together as one.

Definitions.

2.—In this Act—

“the Principal Act” means the Social Welfare (Consolidation) Act, 1993 ;

“the Act of 1994” means the Social Welfare Act, 1994 ;

“the Regulations of 1995” means the European Communities (Social Welfare) Regulations, 1995 ( S.I. No. 25 of 1995 ).

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 1994 and amended by section 13 (2) of that Act and modified by the Regulations of 1995) 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 8th day of June, 1995,

(b) in so far as it relates to disability benefit, health and safety benefit, injury benefit, disablement gratuity and disablement pension, on the 12th day of June, 1995,

(c) in so far as it relates to retirement pension, invalidity pension and deserted wife's benefit, on the 15th day of June, 1995, and

(d) in so far as it relates to death benefit under section 60,61,62 or 63 of the Principal Act, old age (contributory) pension, survivor's pension and orphan's (contributory) allowance, on the 16th day of June, 1995.

Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I and II (inserted by section 4 of the Act of 1994) 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 7th day of June, 1995,

(b) in so far as it relates to supplementary welfare allowance, on the 12th day of June, 1995,

(c) in so far as it relates to pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance (other than lone parent's allowance payable in respect of a widow or widower), carer's allowance and prescribed relative allowance, on the 15th day of June, 1995, and

(d) in so far as it relates to old age (non-contributory) 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 16th day of June, 1995.

Child benefit (new rates, etc.).

5.—(1) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part III (inserted by section 5 of the Act of 1994) of the following Part:

“PART III

Amounts of Child Benefit

Amount for each of first 2 children

Amount for each child in excess of 2

(1)

(2)

£27

£32

”.

(2) Section 192 of the Principal Act is hereby amended by the substitution in subsection (1) (b) of “19 years ” for “18 years”.

(3) The Principal Act is hereby amended by—

(a) the substitution in section 192 (2) of “who resides with a qualified person and such person's spouse while the qualified person or his spouse ” for “who resides with a qualified person while such person”, and

(b) the insertion in section 3 (12) after “165 (4)” of “, 192 (2)”.

(4) Subsections (1) and (2) of this section shall come into operation on the 1st day of September, 1995.

PART III

Social Insurance Contributions

Employment contributions (new rates of contributions and increase in earnings ceiling).

6.—(1) Section 10 (1) (inserted by section 7 of the Act of 1994) of the Principal Act is hereby amended by—

(a) the substitution for paragraph (b) of the following paragraph:

“(b) Subject to paragraph (c) and to regulations under section 11, where in any contribution week a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable a contribution by the employed contributor at the rate of 5.5 per cent, of the amount of reckonable earnings in excess of £50 in that week in respect of each employment (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis) to which such payment relates.”,

(b) the substitution in paragraph (c) of “£21,500” for “£20,900”, and

(c) the substitution in paragraph (d) of “£231” for “£173” in both places where it occurs.

(2) This section shall come into operation on the 6th day of April, 1995.

Self-employment contributions (new rates of contributions and increase in earnings ceiling).

7.—(1) Section 18 (1) of the Principal Act is hereby amended by—

(a) the substitution in paragraph (a) of “of an amount equal to 5 per cent, of the reckonable income in excess of £520 or the amount of £230, whichever is the greater” for “of an amount equal to 5 per cent, of the reckonable income or the amount of £250, whichever is the greater”,

(b) the substitution in paragraph (c) of “of an amount equal to 5 per cent, of reckonable emoluments in excess of £520 or the amount of £230, whichever is the greater” for “of an amount equal to 5 per cent, of reckonable emoluments or the amount of £250, whichever is the greater”,

(c) the substitution in paragraph (d) of “£21,500” for “£20,900” (inserted by section 8 of the Act of 1994), and

(d) the substitution in paragraph (h) of “£230” for “£250” in both places where it occurs.

(2) This section shall come into operation on the 6th day of April, 1995.

Optional contributions (new rates of contributions).

8.—(1) Section 24B (1) (inserted by section 4 of the Social Welfare (No. 2) Act, 1993 ) is hereby amended by the insertion in paragraph (a) after “reckonable income” of “in excess of £520”.

(2) This section shall come into operation on the 6th day of April, 1995.

Voluntary contributions by former self-employed contributors.

9.—(1) Section 23 of the Principal Act is hereby amended by the substitution in subsection (1) of “£230” for “£250” (inserted by section 9 of the Act of 1994).

(2) This section shall come into operation on the 6th day of April, 1995.

Exemption from payment of contributions.

10.—Section 10 of the Principal Act is hereby amended by the insertion after subsection (9) (inserted by section 10 of the Act of 1994) of the following subsection:

“(10) Regulations may, subject to such conditions and in such circumstances as may be prescribed, exempt an employer who employs an employee under and by virtue of a scheme administered by the Department of Social Welfare known as the Employers' Pay-Related Social Insurance Exemption Scheme, from the liability to pay the contribution specified in section 10 (1) (d) in respect of any such employee.”.

PART IV

Miscellaneous

Adoptive benefit.

11.—(1) The Principal Act is hereby amended by the insertion after Chapter 8A (inserted by the Regulations of 1995) of Part II of the following Chapter:

“CHAPTER 8B

Adoptive Benefit

Entitlement to and duration of adoptive benefit.

41G.—(1) In this Chapter, ‘adopting parent’ has the meaning assigned to it in section 2 (1) of the Adoptive Leave Act, 1995 .

(2) Subject to this Act, an adopting parent shall be entitled to adoptive benefit if—

(a) it is certified by the adopting parent's employer that the adopting parent is entitled to adoptive leave under the Adoptive Leave Act, 1995 , and

(b) the adopting parent satisfies the contribution conditions...

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