Social Welfare Act, 1997

JurisdictionIreland
CitationIR No. 10/1997


Number 10 of 1997


SOCIAL WELFARE ACT, 1997


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).

6.

Family income supplement (new weekly rates etc.).

7.

Continued payment for qualified children.

8.

Employment contributions (new rates of contributions, increases in earnings ceilings, etc.).

9.

Self-employment contributions (increase in earnings ceiling).

PART III

Social Insurance Improvements

10.

Maternity benefit (self-employed contributors).

11.

Adoptive benefit (self-employed contributors).

12.

Old age (contributory) and retirement pension — extension of entitlement to reduced rate pension and changes in contribution conditions.

13.

Unemployment benefit — requalifying for benefit.

14.

Occupational injuries benefits — extension of entitlements.

PART IV

Sickness Allowance

15.

Sickness allowance.

16.

Amendments consequential on section 15.

17.

Disability benefit and invalidity pension — changes in title.

18.

Commencement (Part IV).

PART V

Widow's and Widower's (Non-Contributory) Pension

19.

Widow's and widower's (non-contributory) pension.

20.

Amendments consequential on section 19.

21.

Commencement (Part V).

PART VI

Other Social Assistance Improvements

22.

Disability allowance — extension of entitlement etc.

23.

Carer's allowance — extension of entitlement.

24.

Pre-retirement allowance — extension of entitlement.

25.

Assessment of means — standardisation of provisions relating to assessment of property (capital).

26.

Assessment of means — consolidation of disregards etc.

27.

Commencement (Part VI).

PART VII

Miscellaneous Amendments

28.

Adult dependant — change in title and payment of reduced rate.

29.

Liability to maintain family.

30.

Unemployment benefit and unemployment assistance — relaxation of waiting days requirement etc.

31.

Repayment of benefit, assistance, etc. on personation.

32.

Disqualifications for claims made outside prescribed time.

33.

Collection and refund of contributions.

34.

Appeals to Circuit Court.

35.

Amendment to references following consolidation of regulations.

36.

Continuance of instruments.

PART VIII

Amendment of Section 4 of National Social Service Board Act, 1984

37.

National Social Service Board — functions.

PART IX

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

38.

Amendment of section 7A of Health Contributions Act, 1979.

39.

Amendment of section 18A of Youth Employment Agency Act, 1981.

PART X

Amendment to the Pensions Act, 1990

40.

Amendment of Pensions Act, 1990.

SCHEDULE A

SCHEDULE B

SCHEDULE C

SCHEDULE D

SCHEDULE E

SCHEDULE F

SCHEDULE G

SCHEDULE H


Acts Referred to

Adoption Act, 1991

1991, No. 14

Adoptive Leave Act, 1995

1995, No. 2

Army Pension Acts, 1923 to 1980

Blind Persons Act, 1920

1920, c. 49

Child Care Act, 1991

1991, No. 17

Corporation Tax Act, 1976

1976, No. 7

Family Law (Maintenance of Spouses and Children) Act, 1976

1976, No. 11

Family Law Act, 1995

1995, No. 26

Finance Act, 1983

1983, No. 15

Guardianship of Infants Act, 1964

1964, No. 7

Health Act, 1970

1970, No. 1

Health Contributions Act, 1979

1979, No. 4

Judicial Separation and Family Law Reform Act, 1989

1989, No. 6

Larceny Act, 1916

1916, c. 50

Local Authorities (Higher Education Grants) Acts, 1968 to 1992

Maternity Protection Act, 1994

1994, No. 34

Medical Practitioners Act, 1978

1978, No. 4

Merchant Shipping Act, 1894

1894, c. 60

National Social Service Board Act, 1984

1984, No. 2

Pensions Act, 1990

1990, No. 25

Social Welfare Act, 1993

1993, No. 5

Social Welfare Act, 1994

1994, No. 4

Social Welfare Act, 1995

1995, No. 3

Social Welfare (No. 2) Act, 1995

1995, No. 23

Social Welfare Act, 1996

1996, No. 7

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Status of Children Act, 1987

1987, No. 26

Youth Employment Agency Act, 1981

1981, No. 32


Number 10 of 1997


SOCIAL WELFARE ACT, 1997


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, SECTION 4 OF THE NATIONAL SOCIAL SERVICE BOARD ACT, 1984 , SECTION 7A OF THE HEALTH CONTRIBUTIONS ACT, 1979 , SECTION 18A OF THE YOUTH EMPLOYMENT AGENCY ACT, 1981 , AND THE PENSIONS ACT, 1990 . [2nd April, 1997]

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, 1997.

(2) The Social Welfare Acts and this Act (other than Parts VIII, IX and X) 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 Act of 1995” means the Social Welfare Act, 1995 ;

“the No. 2 Act of 1995” means the Social Welfare (No. 2) Act, 1995 ;

“the Act of 1996” means the Social Welfare Act, 1996 .

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 1996) 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 5th day of June, 1997,

(b) in so far as it relates to disability benefit, health and safety benefit, injury benefit, disablement gratuity and disablement pension, on the 9th day of June, 1997,

(c) in so far as it relates to retirement pension, invalidity pension and a relevant payment by virtue of section 18 (1) (a) of the Act of 1996, on the 12th day of June, 1997, 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, widow's (contributory) pension, widower's (contributory) pension and orphan's (contributory) allowance, on the 13th day of June, 1997.

Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Part I and II (inserted by section 4 of the Act of 1996) 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 and disability allowance, on the 4th day of June, 1997,

(b) in so far as it relates to supplementary welfare allowance, on the 9th day of June, 1997,

(c) in so far as it relates to pre-retirement allowance, one-parent family payment (other than where payable in respect of a widow or widower), carer's allowance, prescribed relative allowance and a relevant payment by virtue of section 18(1)(b) or (c) of the Act of 1996, on the 12th day of June, 1997, and

(d) in so far as it relates to old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and orphan's (non-contributory) pension, on the 13th day of June, 1997.

Child benefit (new rates).

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 1996) 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)

£30

£39

”.

(2) This section shall come into operation on the 1st day of September, 1997.

Family income supplement (new weekly rates etc.).

6.—(1) Section 197 of the Principal Act is hereby amended by the substitution for the definition of “weekly family income” of the following definition:

“‘weekly family income’ means, subject to regulations under section 202, the amount of income received in a week by a family, less—

(i) any allowable contribution referred to in Regulations 59 and 60 (inserted by the Income Tax (Employment) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ),

(ii) any amount deducted from reckonable earnings pursuant to—

(A) section 10 and regulations made under section 11,

(B) section 5 of the Health Contributions Act, 1979 , and

(C) section 16 of the Youth Employment Agency Act, 1981 ,

and

(iii) any income of a person who in respect of that family is a child.”.

(2) Subsection (1) shall apply in the case of a claim to family income supplement made on or after the 12th day of June, 1997.

(3) The Principal Act is hereby amended by the substitution for section 198 (inserted by section 6 of the Act of 1996) of the following section:

“Entitlement to supplement.

198.—Subject to this Act, an allowance (in this Act referred to as ‘family income supplement’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—

(a) in the case of a family which includes only 1 child, £205,

(b) in the case of a family which includes 2 children, £225,

(c) in the case of a family which includes 3 children, £245,

(d) in the case of a family which includes 4 children, £265,

(e) in the case of a family which includes...

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