No. 31/1968:

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1968

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Increase of rates of old age pensions.

3 Increase of rates of unemployment assistance.

4 Increase of certain rates of unemployment benefit.

5 Increase of rates of widows' (non-contributory) pensions.

6 Increase of rates of orphans' (non-contributory) pensions.

7 Amendment of section 6 of Act of 1952.

8 Amendment of section 12 of Act of 1952.

9 Amendment of section 26 of Act of 1952 (increase of benefit for adult dependants).

10 Amendment of section 77 of Act of 1952 (increased rates of certain old age pensions).

11 Amendment of Second Schedule to Act of 1952.

12 Amendment of Third Schedule to Act of 1952.

13 Exclusion from calculation of means for old age pensions, widows' pensions and unemployment assistance of certain allowances or pensions under Army Pensions Acts, Military Service (Pensions) Acts or Connaught Rangers (Pensions) Acts.

14 New increased weekly rates under Social Welfare (Occupational Injuries) Act, 1966.

15 Restriction of section 13 of Act of 1966 and of certain regulations under section 32 of Act of 1952.

16 Provisions regarding contributions under Redundancy Payments Act, 1967.

17 Short title, construction and collective citation.

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1967, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1967, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1967, AND THE SOCIAL WELFARE ACTS, 1952 TO 1967.

[23rd July, 1968.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"the Act of 1933" means the Unemployment Assistance Act, 1933 ;

"the Act of 1935" means the Widows' and Orphans' Pensions Act, 1935 ;

"the Act of 1952" means the Social Welfare Act, 1952 ;

"the Act of 1960" means the Social Welfare (Amendment) Act, 1960 ;

"the Act of 1964" means the Social Welfare (Miscellaneous Provisions) Act, 1964 ;

"the Act of 1966" means the Social Welfare (Miscellaneous Provisions) Act 1966 ;

"the Act of 1967" means the Social Welfare (Miscellaneous Provisions) Act, 1967 ;

2.—(1) Section 77 of the Act of 1952 is hereby amended by—

(a) the substitution of "one hundred and ninety-five pounds" for "one hundred and sixty-nine pounds" (inserted by the Act of 1967) in each place where it occurs in subsection (2) (inserted by the Act of 1964),

(b) the substitution of "one hundred and eighty-two pounds" for "one hundred and fifty-six pounds" (inserted by the Act of 1967) in that subsection,

(c) the substitution of "five shillings" for "seven shillings and sixpence" in that subsection, and

(d) the substitution for the Table to that subsection (inserted by the Act of 1967) of the following Table:

"TABLE

Rate of pension

"

(2) Section 8 of the Old Age Pensions Act, 1924, is hereby amended by—

(a) the substitution in subsection (1) of "one hundred and ninety-five pounds" for "one hundred and sixty-nine pounds" (inserted by the Act of 1967),

and

(b) the substitution in subsection (1) of the following for paragraphs (ii) and (iii) (inserted by the Act of 1964):

"(ii) in case the person has one or more than one qualified child, the appropriate highest amount of means at which pension may be paid to that person under section 77 (2) (b) of the Social Welfare Act, 1952 .".

(3) Subsections (1) and (2) of this section shall come into operation on the 2nd day of August, 1968.

3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1967) there is hereby substituted the following:

"SCHEDULE

RATES OF UNEMPLOYMENT ASSISTANCE

"

(2) Subsection (1) of this section shall come into operation on the 31st day of July, 1968.

4.—(1) In the Table to section 5 (2) of the Act of 1967, for the rates set forth therein there are hereby substituted the rates set forth in the Table to this section.

(2) Subsection (1) of this section shall come into operation on the 1st day of August, 1968.

TABLE

5.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended—

(a) by the substitution for subsection (1) (b) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1962) of the following:

"(b) (i) where the yearly means of the widow as duly calculated do not exceed one hundred and eighty-two pounds and fifteen shillings, at the rate set forth in Table B to this subsection, and

(ii) where the yearly means of the widow as duly calculated exceed one hundred and eighty-two pounds and fifteen shillings, at the rate at which the pension would be payable if the yearly means of the widow as duly calculated exceeded one hundred and sixty-nine pounds and fifteen shillings but did not exceed one hundred and eighty-two pounds and fifteen shillings, less five shillings for each amount (if any) of thirteen pounds by which the said yearly means exceed one hundred and eighty-two pounds and fifteen shillings, any fraction of thirteen pounds being treated for this purpose as thirteen pounds; provided that if the rate calculated pursuant to this paragraph, at which, but for this provision, the pension would be payable is less than six shillings a week, the pension shall not be payable,"

and

(b) the substitution for Table B (inserted by the Act of 1967) of the following Table:

"TABLE B

Weekly Rates of Widows' (Non-Contributory) Pensions

"

(2) Subsection (1) of this section shall come into operation on the 2nd day of August, 1968.

6.—(1) In the Table to section 25 (inserted by section 106 of the Act of 1952) of the Act of 1935, for the rates (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1965 ) set forth therein there are hereby substituted the rates set forth in the Table to this section.

(2) Subsection (1) of this section shall come into operation on the 2nd day of August, 1968.

TABLE

Weekly Rates of Orphans' (Non-contributory) Pensions

7.—(1) Section 6 (2) (inserted by the Act of 1960) of the Act of 1952 is hereby amended by—

(a) the substitution of "four shillings and sevenpence" for "four shillings and one penny" (inserted by the Act of 1967) in paragraph (a),

and

(b) the substitution of "nine shillings and fourpence" for "eight shillings and twopence" (inserted by the Act of 1967) in paragraph (b).

(2) Subsection (1) of this section shall come into operation on the 6th day of January, 1969.

8.—Section 12 (1) of the Act of 1952 is hereby amended by the addition after subparagraph (e) of the following:

"or

(f) persons employed in voluntary hospitals to which grants are paid from the Hospitals Trust Fund in recoupment of revenue deficits, or

(g) persons employed by voluntary organisations which are providing district nursing services".

9.—(1) Section 26 of the Act of 1952 is hereby amended by the insertion of the following subsection after subsection (3) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1963 ):

"(4) (a) The weekly rate of widow's (contributory) pension in the case of a widow who has attained pensionable age and of old age (contributory) pension shall be increased by the amount set out in column (6) of Part I of the Third Schedule to this Act for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose ,of providing that care and attention a prescribed female relative of the beneficiary, and

(iii) the beneficiary, but for the residence of the prescribed female relative, would be living either alone or with another adult (or other adults) who is (or all of whom are) unable to provide that care and attention, the residence in the household of a qualified child or qualified children being disregarded for the purpose of this subparagraph.

(b) Not more than one increase of pension shall be payable under this subsection or under section 77 of the Act of 1952 (as amended by section 10 of the Social Welfare (Miscellaneous Provisions) Act, 1968 ) in respect of any prescribed female relative.

(c) An increase of pension under this subsection shall not be payable in respect of a prescribed female relative except where—

(i) she left insurable employment for the purpose of residing with the beneficiary to provide full-time care and attention, and

(ii) she had not less than 156 employment contributions paid in respect of that employment since the beginning of the period of the last five complete contribution years preceding the date on which she left that employment.".

(2) Subsection (1) of this section shall come into operation on the 3rd day of January, 1969.

10.—(1) Section 77 of the Act of 1952 is hereby amended by the addition thereto of the following subsection:

"(3) (a) The weekly rate of old age pension shall be increased by forty-five shillings for any period during which—

(i) the pensioner is so incapacitated as to require full-time care and attention,

(ii) there is residing with the pensioner for the purpose of providing that care and attention a prescribed female relative of the pensioner, and

(iii) the pensioner, but for the residence of the prescribed female relative, would be living either alone or with another adult (or other adults) who is (or all of whom are) unable to provide that care and attention, the residence in the household of a qualified child or qualified children being disregarded for the purpose of this subparagraph.

(b) Not more than one increase of pension shall be payable under this subsection or under section 26 (4) of the Act of 1952 (inserted by section 9 of the Social Welfare (Miscellaneous Provisions) Act, 1968 ) in respect of any prescribed female relative.

(c) An application for an increase of pension under this subsection shall be decided by a deciding officer appointed by the Minister under section 41 of this Act.

(d) An increase of pension under this subsection shall not be payable in respect of a prescribed female relative except where—

(i) she left insurable employment for the purpose of residing with the pensioner to provide full-time care and attention, and

(ii) she had not less than 156 employment contributions paid in respect of that employment since the beginning of the period of the last five complete contribution years preceding the date on which she left that employment.".

(2) Subsection (1) of this section shall come into operation on the 3rd day of January, 1969.

11.—(1) (a) The Second Schedule to the Act of 1952 is hereby amended by—

(i) the substitution of "10s. 8d." for "9s. 0d." (inserted by the Act of 1967) and "9s. 7d." for "7s. 11d." (inserted by the Act of 1967) in paragraph 1 (a),

(ii) the substitution of "10s. 8d." for "9s. 0d." (inserted by the Act of 1967) and "10s. 4d." for "8s. 8d." (inserted by the Act of 1967) in paragraph 1 (b),

(iii) the substitution of "8s. 5d." for "6s. 9d." (inserted by the Act of 1967) in paragraphs 2 (a) and (b),

(iv) the substitution in paragraph 2 A (inserted by the Act of 1966) of "6s. 8d." for "5s. 5d." (inserted by the Act of 1967) in subparagraph (a) and "7s. 10d." for "6s. 6d." (inserted by the Act of 1967) in subparagraph (b),

(v) the substitution of "5s. 10d." for "4s. 8d." (inserted by the Act of 1967) in paragraph 3 (a) and "6s. 10d." for "5s. 7d." (inserted by the Act of 1967) in paragraph 3 (b),

(vi) the substitution in paragraph 3 A (inserted by the Act of 1960) of "7s. 5d." for "6s. 2d." (inserted by the Act of 1967) in subparagraph (a) and "8s. 7d." for "7s. 3d." (inserted by the Act of 1967) in subparagraph (b),

(vii) the substitution in paragraph 4 (inserted by the Regulations of 1956) of "2s. 3d." for "2s. 0d." (inserted by the Act of 1967) in subparagraph (a) and "2s. 4d." for "2s. 1d." (inserted by the Act of 1967) in subparagraph (b),

(viii) the substitution of "2s. 3d." for "2s. 0d." (inserted by the Act of 1967) in paragraph 5 (b) (inserted by the Regulations of 1956),

(ix) the substitution in paragraph 6 (inserted by the Regulations of 1956) of "8s. 11d." for "7s. 3d." (inserted by the Act of 1967); in subparagraph (a) and "10s. 4d." for "8s. 8d." (inserted by the Act of 1967) in subparagraph (b), and

(x) the substitution in paragraph 7 (inserted by the Regulations of 1956) of "8s. 11d." for "7s. 3d." (inserted by the Act of 1967) in subparagraph (a) and "9s. 5d." for "7s. 9d." (inserted by the Act of 1967) in subparagraph (b).

(b) In this subsection "the Regulations of 1956" means the Social Welfare (Modifications of Insurance) Regulations, 1956.

(2) Subsection (1) of this section shall come into operation on the 6th day of January, 1969.

12.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1967) of the following Part:

PART I

Rates of Periodical Benefits and of Increases Thereof

(2) Subsection (1) of this section shall come into operation—

( a ) in so far as it relates to disability benefit, unemployment benefit and maternity allowance, on the 6th day of January, 1969, and

( b ) in so far as it relates to widow's (contributory) pension, orphan's (contributory) allowance and old age (contributory) pension, on the 3rd day of January, 1969.

13.—(1) Notwithstanding anything in the Seventh Schedule to the Act of 1952, the amount of any allowance, special allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1968, or pension under the Military Service (Pensions) Acts, 1924 to 1964, arising out of service in the period commencing on the 23rd day of April, 1916, and ending on the 30th day of September, 1923, or pension under the Connaught Rangers (Pensions) Acts, 1936 to 1964, shall be disregarded in the calculation of means under the Old Age Pensions Acts, 1908 to 1968, and the Widows' and Orphans' Pensions Acts, 1935 to 1968, and in the calculation of the sum of £165 mentioned in Rule 3 (1) (c) (as amended by the Social Welfare (Miscellaneous Provisions) Act, 1961 ) of the said Seventh Schedule.

(2) The Act of 1933 is hereby amended by the insertion in section 13 (1) (b) (ix) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1960 after "£80 per year" of "in the case of an allowance, dependant's allowance, disability pension or wound pension under the said Army Pensions Acts, not being a pension or allowance under those Acts and arising out of service in the period commencing on the 23rd day of April, 1916, and ending on the 30th day of September, 1923".

(3) Notwithstanding anything in the Old Age Pensions Acts, 1908 to 1968, the rate of old age pension payable by virtue of anything in subsection (1) of this section to a person already in receipt of such a pension at the passing of this Act may be reviewed and determined by a deciding officer appointed by the Minister for Social Welfare under section 41 of the Act of 1952.

14.—(1) The Social Welfare (Occupational Injuries) Act, 1966 is hereby amended by—

( a ) the substitution in sections 10 (1) and 12 (1) (a) of "fifty-two shillings and sixpence" for "forty shillings",

( b ) the substitution in sections 11 (1) and 19 of "fifteen shillings and sixpence" for "thirteen shillings" and of "ten shillings and sixpence" for "eight shillings", and

( c ) the substitution in section 12 (1) (b) of "sixty-five shillings" for "fifty-two shillings and sixpence".

(2) Subsection (1) of this section shall in so far as it amends section 19 of the Social Welfare (Occupational Injuries) Act, 1966 , come into operation on the 3rd day of January, 1969, and in so far as it amends sections 10, 11 and 12 of that Act on the 6th day of January, 1969.

15.—(1) Section 13 of the Act of 1966 shall not during the relevant period operate to permit a person to receive a non-contributory old age pension in respect of that period or any part thereof solely because, by virtue of the increases in the rates of such pension under section 2 of this Act, the rate of such pension payable to that person would be greater than the rate of old age (contributory) pension or widow's (contributory) pension to which that person is entitled or greater than the rate of increase of old age (contributory) pension payable in respect of that person.

(2) The regulations made under section 32 of the Act of 1952 (as amended by section 7 of the Act of 1966) and for the time being in force shall not during the relevant period operate to permit a widow to receive a widow's (non-contributory) pension in respect of that period or any part thereof solely because, by virtue of the increases in the rates of such pension under section 5 of this Act, the rate of such pension payable to her would be greater than the rate of widow's (contributory) pension payable to her.

(3) In this section "relevant period" means the period commencing on the 2nd day of August, 1968, and ending on the 2nd day of January, 1969.

16.—(1) An employer's redundancy contributions (within the meaning of section 27 of the Redundancy Payments Act, 1967 and an employee's redundancy contributions (within the meaning of the said section 27) payable in respect of any period commencing on or after the 6th day of January, 1969, shall be deemed to be employment contributions.

(2) The rates of employment contribution specified in paragraphs 1, 2, 2A and 3A of the Second Schedule to the Act of 1952 are hereby, in the case of a contribution payable by an employed contributor, increased by the amount of the appropriate weekly rate specified in section 28 (2) of the Redundancy Payments Act, 1967 (or that rate as varied under section 28 (3) of that Act), and, in the case of a contribution payable by an employer of an employed contributor, increased by the amount of the appropriate weekly rate specified in section 28 (1) of that Act (or that rate as so varied).

(3) The amounts paid into the Social Insurance Fund by virtue of the increases in rates of employment contributions under subsection (2) of this section shall be paid out of that Fund to the current account of the Redundancy Fund at such times as may be determined by the Minister for Social Welfare.

(4) In this section "employment contribution" and "employed contributor" have the meanings respectively assigned to them by sections 5 and 4 (1) of the Act of 1952.

17.—(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1968 .

(2) This Act, in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1967, shall be construed as one therewith and may be cited together therewith as the Old Age Pensions Acts, 1908 to 1968, and in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1967, shall be construed as one therewith and may be cited together therewith as the Unemployment Assistance Acts, 1933 to 1968, and in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1967, shall be construed as one therewith and may be cited together therewith as the Widows' and Orphans' Pensions Acts, 1935 to 1968, and in so far as it amends and extends the Social Welfare Acts, 1952 to 1967, shall be construed as one therewith and may be cited together therewith as the Social Welfare Acts, 1952 to 1968.