No. 3/1980:

SOCIAL WELFARE ACT, 1980

ARRANGEMENT OF SECTIONS

1 Definition.

2 Insertion of Eighth Schedule into Act of 1952.

3 Old age pensions (new rates and extension of means limits).

4 Reduction of qualifying age for pensions for blind persons and consequential provision.

5 Increase of earnings disregarded in the case of blind persons.

6 Unemployment assistance (new rates and increase for certain adult dependants).

7 Amendment of section 13 of Act of 1933.

8 Unemployment assistance (removal of 6 months' residence qualification).

9 Widows'(non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (new rates and extension of means limits).

10 Widow's (non-contributory) pension (extension of entitlement).

11 Orphan's (non-contributory) pension (new rates and extension of means limit).

12 Extension of meaning of "orphan" in Act of 1935 and Act of 1952.

13 Single woman's allowance (new rates and extension of means limit).

14 Supplementary welfare allowance (new rates and increase for certain adult dependants).

15 Social insurance benefits (new rates).

16 Unemployment benefit (increase of certain rates).

17 Disability benefit (additional waiting days).

18 Repeal of section 20 (5) of Act of 1952.

19 Extension of meaning of "adult dependant" in the case of certain benefits.

20 Occupational injuries benefits (new rates).

21 Occupational injuries (increase for pensioners living alone).

22 Occupational injuries (extension of definition of orphan).

23 Occupational injuries (extension of meaning of "adult dependant").

24 Children's allowances (new rates).

25 Increase of grants for multiple births.

26 Pay-related social insurance (new rates of contributions and increase in earnings ceiling).

27 Short title, construction and collective citations.

SCHEDULE

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1979, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1979, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1979, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1979, THE SOCIAL WELFARE (SUPPLEMENTARY WELFARE ALLOWANCES) ACTS, 1975 AND 1979, AND THE SOCIAL WELFARE ACTS, 1952 TO 1979.

[18th March, 1980.]

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 1966" means the Social Welfare Act, 1952 ;

"the Act of 1966" means the Social Welfare (Occupational Injuries) Act, 1966 ;

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

"the Act of 1969" means the Social Welfare (Miscellaneous Provisions) Act, 1969 ;

"the Act of 1975" means the Social Welfare (Supplementary Welfare Allowances) Act, 1975 ;

"the Act of 1976" means the Social Welfare Act, 1976 ;

"the Act of 1977" means the Social Welfare Act, 1977 ;

"the Act of 1978" means the Social Welfare Act, 1978 ;

"the Act of 1979" means the Social Welfare Act, 1979 ;

"the Regulations of 1979" means the Social Welfare (Variation of Rates of Payments) Regulations, 1979 ( S.I. No. 320 of 1979 ).

2.—The Act of 1952 is hereby amended by the insertion after the Seventh Schedule of the Eighth Schedule set out in the Schedule to this Act.

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

( a ) by the substitution for subsection (2) (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following subsection:

"(2) ( a ) The rate (in this section referred to as the scheduled rate) of pension shall be the weekly rate, set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980 ) to this Act, increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

( b ) A pension shall be payable—

(i) where the weekly means of the claimant or pensioner do not exceed £6, at the scheduled rate, and

(ii) where such weekly means exceed £6, at the scheduled rate reduced by the amount set out in column (2) of Part II of the said Eighth Schedule for each amount (if any) of £1 by which those weekly means exceed £6, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this subparagraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

( c ) For the purposes of this section weekly means shall be the yearly means divided by 52.";

and

( b ) by the substitution for subsection (5) (inserted by the Act of 1969) and subsection (6) (inserted by the Act of 1977) of the following subsections:

"(5) The rate of pension payable in accordance with subsection (2) of this section shall be increased—

( a ) by the amount set out in column (6) of Part 1 of the Eighth Schedule (inserted by the Social Welfare Act, 1980 ) to this Act 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 relative of the pensioner, and

(iii) such conditions as may be prescribed are fulfilled,

provided that not more than one increase of pension shall be payable under this paragraph or under section 20 (8) (inserted by the Social Welfare Act, 1980 ) of the Widows' and Orphans' Pensions Act, 1935 , or section 26 (4) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1968 ) of this Act in respect of any prescribed relative, and

( b ) by the amount set out in column (7) of Part I of the said Eighth Schedule where the person entitled to the pension has attained pensionable age and is living alone, and

( c ) by the amount set out in column (8) of Part I of the said Eighth Schedule where the pensioner has attained the age of 80 years, and

( d ) by the amount calculated in accordance with Part III of the said Eighth Schedule where the pensioner is one of a married couple—

(i) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of pension under the Acts or any benefit, pension or allowance under the Social Welfare Acts, 1952 to 1980, or

(ii) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of pension under the Acts or any benefit, pension or allowance under the Social Welfare Acts, 1952 to 1980.

(6) An application for an increase under subsection (5) (a) of this section shall be decided by a deciding officer appointed by the Minister under section 41 of this Act.".

(2) Section 8 of the Old Age Pensions Act, 1924, is hereby amended by the substitution for subsection (1) (inserted by the Act of 1977) of the following subsection:

"(1) It shall be a statutory condition for the receipt by any person of a pension under the Old Age Pensions Acts, 1908 to 1980, that the person must satisfy the pension authorities that his means as calculated under those Acts do not exceed the appropriate highest amount of means at which pension may be paid to that person under section 77 (2) (inserted by the Social Welfare Act, 1980 ) of the Social Welfare Act, 1952 .".

(3) This section shall come into operation on the 4th day of April, 1980.

4.—(1) Section 6 (inserted by the Social Welfare (No. 2) Act, 1976 ) of the Old Age Pensions Act, 1932 , is hereby amended by the substitution of "18" for "21" in both places where it occurs.

(2) A blind person in respect of whom a pension is payable under the Old Age Pensions Acts, 1908 to 1980, shall not be—

( a ) a qualified child for the purposes of those Acts, the Widows' and Orphans' Pensions Acts, 1935 to 1980, or the Social Welfare Acts, 1952 to 1980, or

( b ) a child qualified for the purposes of the Act of 1966.

(3) This section shall come into operation on the 4th day of April, 1980.

5.—(1) The Seventh Schedule to the Act of 1952 is hereby amended by the substitution in Rule 1 (II) (h) of "£312" and "£208", respectively, for "£208" and "£156" (inserted by the Act of 1977) in both places where they occur.

(2) This section shall come into operation on the 4th day of April, 1980.

6.—(1) The Act of 1933 is hereby amended by the substitution for section 17 of the following section:

"17.—(1) Subject to subsection (2) of this section, the rate (in this section referred to as the scheduled rate) of unemployment assistance shall be the weekly rate set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980 ) to the Social Welfare Act, 1952 , increased by—

( a ) the amount set out in column (3) of that Part for any period during which—

(i) the applicant or recipient is living with or wholly or mainly maintaining his wife, or

(ii) the applicant or recipient is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity, or

(iii) the applicant or recipient being—

(I) a single person, a widow or a widower, or

(II) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his spouse,

is wholly or mainly maintaining a female person over the age of 16 years having the care of one or more than one qualified child who normally resides with the applicant or recipient,

subject to the restriction that the applicant or recipient shall not be entitled to an increase of assistance under this paragraph in respect of more than one person, and

( b ) the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children who normally resides or reside with the applicant or recipient and, in addition, where there are more than two such children, the amount set out in column (5) of that Part in respect of each such child in excess of two.

(2) Whenever a person is entitled to receive unemployment assistance such assistance shall be given to him in the form of a money payment at whichever of the following rates is applicable—

( a ) if he has no means, at the scheduled rate, and

( b ) if he has means, at a rate equal to the scheduled rate reduced by 5p per week for every 5p or part of 5p of his means.

(3) Whenever, in the calculation of the rate at which unemployment assistance is payable to a person, the weekly amount by which the scheduled rate is to be reduced is equal to or exceeds the weekly amount of the scheduled rate, no unemployment assistance shall be payable to such person.

(4) The means of any person for the purpose of this section shall be taken to be the means of such person as stated in the qualification certificate for the time being held by him.

(5) In this section—

'qualified child' has the meaning assigned by section 2 (1) of the Social Welfare Act, 1952 ;

'recipient' means a person entitled to receive unemployment assistance.".

(2) Section 4 (1A) (inserted by the Act of 1952) of the Unemployment Assistance (Amendment) Act, 1935 , is hereby amended by the substitution for the definition (inserted by the Act of 1977) of "adult dependant" of the following:

"'adult dependant' means a person in respect of whom an increase of unemployment assistance is payable under section 17 (1) (a) (inserted by the Social Welfare Act, 1980 ) of the Principal Act;".

(3) Section 3 of the Act of 1979 is hereby repealed.

(4) This section shall come into operation on the 2nd day of April, 1980.

7.—(1) Section 13 (1) (b) of the Act of 1933 is hereby amended by the substitution for paragraph (xii) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1964 ) of the following paragraph:

"(xii) where a person is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived therefrom as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,".

(2) This section shall come into operation on the 2nd day of April, 1980.

8.—(1) Section 10 of the Act of 1933 is hereby amended by the substitution for subsection (3) of the following subsection:

"(3) The conditions referred to in subsection (2) of this section as the conditions to be fulfilled by a person applying for a qualification certificate are—

( a ) that he is at the date of the application resident in the State;

( b ) that he has attained the age of 18 years and has not attained the age of 66 years;

( c ) that his means, calculated in accordance with this Act, do not exceed an amount per annum equal to 52 times—

(i) the rate of unemployment assistance set out at reference 1A (1) of Part 1 of the Eighth Schedule (inserted by the Social Welfare Act, 1980 ) to the Social Welfare Act, 1952 , applicable to a person who has an adult dependant and is resident in an urban area, and

(ii) in case he has a qualified child (as defined in section 2 (1) of the Social Welfare Act, 1952 ) or qualified children, so much of the unemployment assistance set out at reference 1A (1) of Part 1 of the said Eighth Schedule applicable to the person as would be payable in respect of that child or those children, as the case may be;

and

( d ) in the case of a married woman either—

(i) that her husband is a dependant of her, or

(ii) that neither she nor her husband is a dependant of the other and she has one or more dependants.".

(2) This section shall come into operation on the 2nd day of April, 1980.

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

( a ) by the substitution for subsection (1) (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following subsection:

"(1) ( a ) The rate (in this section referred to as the scheduled rate) of widow's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980 ) to the Social Welfare Act, 1952 , increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the widow.

( b ) A widow's (non-contributory) pension shall be payable—

(i) where the weekly means of the claimant or pensioner do not exceed £6, at the scheduled rate, and

(ii) where the weekly means exceed £6, at the scheduled rate reduced by the amount set out in column (2) of Part II of the said Eighth Schedule for each amount (if any) of £1 by which those weekly means exceed £6, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that if the rate calculated pursuant to this subparagraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

( c ) For the purposes of this section weekly means shall be the yearly means divided by 52.";

and

( b ) by the substitution for subsection (8) (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following subsection:

"(8) The rate of widow's (non-contributory) pension payable in accordance with subsection (1) of this section shall be increased—

( a ) by the amount set out in column (6) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980 ) to the Social Welfare Act, 1952 , for any period during which—

(i) the widow has attained pensionable age (within the meaning of section 2 (1) of the latter Act) and is so incapacitated as to require full-time care and attention,

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

(iii) such conditions as may be prescribed are fulfilled

provided that not more than one increase of pension shall be payable under this paragraph or under section 77 (5) (inserted by the Social Welfare Act, 1980 ) or section 26 (4) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1968 ) of the Social Welfare Act, 1952 , in respect of any prescribed relative,

( b ) by the amount set out in column (7) of Part I of the said Eighth Schedule where the person entitled to the pension has attained pensionable age (within the meaning of section 2 (1) of the latter Act) and is living alone, and

( c ) by the amount set out in column (8) of Part I of the said Eighth Schedule where the pensioner has attained the age of 80 years.".

(2) This section shall come into operation—

( a ) in so far as it relates to deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance, on the 3rd day of April, 1980, and

( b ) in so far as it relates to widow's (non-contributory) pension, on the 4th day of April, 1980.

10.—The Act of 1935 is hereby amended by the substitution for section 19 of the following section:

"19.—(1) Subject to the provisions of this Act, a pension (in this Act referred to as a widow's (non-contributory) pension) shall be payable to a widow.

(2) A woman whose husband dies while she is in receipt of or entitled to deserted wife's allowance under the Social Welfare Acts, 1952 to 1980, shall, subject to the provisions of the Widows' and Orphans' Pensions Acts, 1935 to 1980, in lieu of that allowance, be entitled to a widow's (non-contributory) pension at the same rate as that of the deserted wife's allowance payable to her.".

11.—(1) The Act of 1935 is hereby amended by the substitution for section 25 (inserted by the Social Welfare Act, 1973 ) of the following section:

"25.—(1) The weekly rate of orphan's (non-contributory) pension shall be—

( a ) where the weekly means of the orphan do not exceed £1, the rate set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980 ) to the Social Welfare Act, 1952 , and

( b ) where his weekly means exceed £1, that rate reduced by the amount set out in column (2) of Part II of the said Eighth Schedule for each amount (if any) of £1 by which those weekly means exceed £1, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that if the rate calculated pursuant to this subsection at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

(2) The means of an orphan shall be calculated in accordance with the rules contained in the Seventh Schedule to the Social Welfare Act, 1952 , and, for the purposes of this section, weekly means shall be the yearly means divided by 52.".

(2) This section shall come into operation on the 4th day of April, 1980.

12.—(1) Section 3 (1) of the Act of 1935 and section 2 (1) of the Act of 1952 are hereby amended by the substitution for paragraph (c) (inserted by the Act of 1978) of the following paragraph:

"( c ) a qualified child one of whose parents is dead and whose surviving parent has abandoned him or refused or failed to provide for him;".

(2) This section shall come into operation on the 4th day of April, 1980.

13.—(1) Section 8 of the Social Welfare (No. 2) Act, 1974 , is hereby amended by the substitution for subsection (2) of the following subsection:

"(2) A single woman's allowance shall be payable—

( a ) where her weekly means do not exceed £1, at the weekly rate set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980 ) to the Act of 1952, and

( b ) where her weekly means exceed £1, at that rate reduced by the amount set out in column (2) of Part II of the said Eighth Schedule for each amount (if any) of £1 by which those weekly means exceed £1, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that if the rate calculated pursuant to this subsection at which, but for this proviso, the allowance would be payable is less than 50p, the allowance shall not be payable.".

(2) This section shall come into operation on the 3rd day of April, 1980.

14.—(1) Section 9 (1) (a) of the Act of 1975 is hereby amended by the substitution for subparagraphs (i) and (ii) of the following subparagraphs:

"(i) in the case of a person who has no means, the amount calculated in accordance with section 10 (1) of this Act, or

(ii) in the case of a person who has means, the amount calculated in accordance with section 10 (1) of this Act which would be appropriate in his case if he had no means, less the amount of his weekly means,".

(2) The following section is hereby substituted for section 10 of the Act of 1975:

"10.—(1) The weekly amount of supplementary welfare allowance payable to a person who has no means as determined under this Act shall, subject to any payment pursuant to section 11 of this Act, be the amount set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980 ) to the Social Welfare Act, 1952 , increased by—

( a ) the amount set out in column (3) of that Part for any period during which—

(i) that person is living with or wholly or mainly maintaining his wife, or

(ii) that person is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity, or

(iii) that person being—

(I) a single person, a widow or a widower, or

(II) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his spouse,

is wholly or mainly maintaining a female person over the age of 16 years having the care of one or more than one of that person's child dependants, and

( b ) the amount set out in column (4) of that Part in respect of a child dependant or each of two such children and, in addition, where there are more than two such children, the amount set out in column (5) of that Part in respect of each such child in excess of two.

(2) In this Act—

'adult dependant' means a person in respect of whom an increase of supplementary welfare allowance is payable under subsection (1) ( a ) of this section;

'child dependant' means, in relation to a person, any child, not being an adult dependant, who has not attained the age of 18 years and who is dependent upon that person for support.

(3) The Minister may, with the sanction of the Minister for Finance, by regulations vary the weekly amounts of supplementary welfare allowance specified in Part I of the said Eighth Schedule but not so as to reduce any amount so specified.

(4) For the purposes of this section, columns (4) and (5) of the said Eighth Schedule shall be construed as if 'child dependant' and 'child dependants', respectively, were substituted for 'qualified child' and 'qualified children'.".

(3) This section shall come into operation on the 7th day of April, 1980.

15.—(1) The Act of 1952 is hereby amended—

( a ) by the substitution for Part I of the Third Schedule (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following Part:

"PART I

RATES OF PERIODICAL BENEFITS AND INCREASES THEREOF

"

and

( b ) by the substitution for item 2 in Part II (inserted by the Act of 1978) of the Third Schedule of the following item:

"2. Death Grant:

(2) Section 14 (2) of the Act of 1977 is hereby amended by the substitution for "£1.30" (inserted by the Act of 1979) of "£1.65".

(3) This section shall come into operation—

( a ) in so far as it relates to disability benefit, unemployment benefit, maternity allowance and death grant, on the 7th day of April, 1980,

( b ) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 3rd day of April, 1980, and

( c ) in so far as it relates to old age (contributory) pension, widow's (contributory) pension and orphan's (contributory) allowance, on the 4th day of April, 1980.

16.—(1) Section 5 (2) of the Act of 1967 is hereby amended by the substitution for the Table thereto (inserted by the Act of 1979 and varied by the Regulations of 1979) of the Table to this section.

(2) This section shall come into operation on the 7th day of April, 1980.

TABLE

17.—(1) Section 15 of the Act of 1952 is hereby amended by—

( a ) the substitution for subsection (2) of the following subsection:

"(2) ( a ) A person shall not be entitled to disability benefit for the first 3 days of any period of incapacity for work.

( b ) A person shall not be entitled to unemployment benefit for the first 3 days of any period of interruption of employment."; and

( b ) the insertion after paragraph ( a ) of subsection (3) of the following paragraph:

"( aa )any 3 days of incapacity for work, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of incapacity for work and any two such periods not separated by more than 3 days shall be treated as one period of incapacity for work: provided that a period of incapacity for work shall be deemed to include any day or days of unemployment in the period of 3 consecutive days preceding the first day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 3 (4) ( a ) (inserted by the Social Welfare Act, 1980 ) of the Social Welfare (Pay-Related Benefit) Act, 1973, applies,".

(2) Section 3 of the Social Welfare (Pay-Related Benefit) Act, 1973, is hereby amended by the substitution for subsection (4) (inserted by the Social Welfare (Pay-Related Benefit) Act, 1975 ) of the following subsection:

"(4) In calculating for the purposes of this Act whether, in a period of interruption of employment, a person has had a specified number of days of incapacity for work or a specified number of days of unemployment, account shall be taken only of—

( a ) any day or days of incapacity for work in that period in respect of which that person was paid disability benefit, maternity allowance or injury benefit and any such day or days in the first period of incapacity for work in that period of interruption of employment to which section 15 (2) ( a ) (inserted by the Social Welfare Act, 1980 ) of the Act of 1952 applies; and

( b ) any day or days of unemployment in that period in respect of which that person was paid unemployment benefit and any such day or days to which section 15 (2) ( b ) (inserted by the Social Welfare Act, 1980 ) of the Act of 1952 applies.".

(3) This section shall apply to periods of incapacity for work commencing on or after the 7th day of April, 1980.

18.—Subsection (5) of section 20 of the Act of 1952 (which defines "week" for the purpose of maternity allowance) is hereby repealed.

19.—(1) Section 26 (1) of the Act of 1952 is hereby amended—

( a ) by the substitution for paragraph (c) (inserted by the Act of 1977) of the following paragraph:

"( c ) the beneficiary, being—

(i) a single person, or

(ii) a widow, or

(iii) a widower, or

(iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his spouse,

is wholly or mainly maintaining a female person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with the beneficiary,";

and

( b ) by the deletion of "specified in paragraph ( c ) of this subsection".

(2) Section 26 (5) (inserted by the Social Welfare Act, 1970 ) of the Act of 1952 is hereby amended—

( a ) by the substitution for paragraph ( b ) (inserted by the Act of 1977) of the following paragraph:

"( b ) any period during which the beneficiary, being—

(i) a single person, or

(ii) a widow, or

(iii) a widower, or

(iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his spouse, is wholly or mainly maintaining a female person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with the beneficiary,";

and

( b ) by the deletion of "specified in paragraph ( b ) of this subsection".

( 3 ) ( a ) Subsection (1) of this section shall come into operation on the 7th day of April, 1980.

( b ) Subsection (2) of this section shall come into operation on the 3rd day of April, 1980.

20.—(1) Each rate (inserted by the Act of 1979 and varied by the Regulations of 1979) of occupational injuries benefit in the Act of 1966 mentioned in column (1) of the Table to this section is hereby increased by the substitution for that rate of the rate specified in column (2) of that Table opposite that mention in column (1).

(2) Subject to subsection (3) of this section, this section shall come into operation on the 7th day of April, 1980.

(3) The increases provided for by subsection (1) of this section in so far as they relate to sections 17 (2), 18 (2), 18 (3), 19, 20, 21 (2) and 22 of the Act of 1966, shall come into operation on the 4th day of April, 1980.

TABLE

21.—(1) Section 20 (1) of the Act of 1977 is hereby amended by the substitution for "£1.30" (inserted by the Act of 1979) of "£1.65".

(2) This section shall come into operation on the 4th day of April, 1980.

22.—(1) Section 1 (1) of the Act of 1966 is hereby amended by the insertion after paragraph (b) in the definition of orphan qualified for the purposes of this Act of the following:

"or

( c ) a child qualified for the purposes of this Act one of whose parents is dead and whose surviving parent has abandoned him or refused or failed to provide for him;".

(2) This section shall come into operation on the 4th day of April, 1980.

23.—(1) Section 10 (1) of the Act of 1966 is hereby amended—

( a ) by the substitution for paragraph (c)(inserted by the Act of 1977) of the following paragraph:

"( c ) the beneficiary, being—

(i) a single person, or

(ii) a widow, or

(iii) a widower, or

(iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his spouse,

is wholly or mainly maintaining a female person over the age of 16 years having the care of one or more than one child qualified for the purposes of this Act who normally resides or reside with the beneficiary,";

and

( b ) by the deletion of "specified in paragraph ( c ) of this subsection".

(2) This section shall come into operation on the 7th day of April, 1980.

24.—(1) Section 6 of the Children's Allowances (Amendment) Act, 1946 , is hereby amended by the substitution for subsection (1) (inserted by the Act of 1979) of the following subsection:

"(1) Subject to the provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1980, and the regulations thereunder, a person who is qualified for a children's allowance shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly allowance of the amount set out in column (1) of Part IV of the Eighth Schedule (inserted by the Social Welfare Act, 1980 ) to the Act of 1952 in respect of one qualified child and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of one.".

(2) This section shall come into operation on the 1st day of July, 1980.

25.—(1) Section 8 of the Act of 1969 is hereby amended by the substitution in subsection (1) for "one hundred pounds" of "£300" and for "one hundred and fifty pounds" of "£400".

(2) This section shall come into operation on the 1st day of April, 1980.

26.—(1) Subsections (1) and (2) (inserted by the Social Welfare (Amendment) Act, 1978 ) of section 6 of the Act of 1952 are hereby amended by the substitution of—

( a ) "3.5 per cent." for "3.2 per cent." and "8.5 per cent." for "7.5 per cent." in paragraphs (b) (i) and (b) (ii), respectively, of subsection (1), and

( b ) "£7,000" for "£5,500 (inserted by the Social Welfare (Rates of Contributions and Yearly Reckonable Earnings) (Confirmation and Variation) Regulations, 1979 ( S.I. No. 65 of 1979 )) in paragraph ( c ) of subsection (1), and

( c ) " 1.8 per cent." for " 1.7 per cent 4.7 per cent." for "4.4 per cent." and " 2.9 per cent." for " 2.7 per cent." in paragraphs (b) (i), (b) (ii) and (b) (iii), respectively, of subsection (2).

(2) This section shall come into operation on the 6th day of April, 1980.

27.—(1) This Act may be cited as the Social Welfare Act, 1980 .

(2) This Act—

( a ) in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1979, shall be construed as one with those Acts and may be cited together with them as the Old Age Pensions Acts, 1908 to 1980,

( b ) in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1979, shall be construed as one with those Acts and may be cited together with them as the Unemployment Assistance Acts, 1933 to 1980,

( c ) in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1979, shall be construed as one with those Acts and may be cited together with them as the Widows' and Orphans' Pensions Acts, 1935 to 1980,

( d ) in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1979, shall be construed as one with those Acts and may be cited together with them as the Social Welfare (Children's Allowances) Acts, 1944 to 1980,

( e ) in so far as it amends and extends the Social Welfare (Supplementary Welfare Allowances) Acts, 1975 and 1979, shall be construed as one with those Acts and may be cited together with them as the Social Welfare (Supplementary Welfare Allowances) Acts, 1975 to 1980, and

( f ) in so far as it amends and extends the Social Welfare Acts, 1952 to 1979, shall be construed as one with those Acts and may be cited together with them as the Social Welfare Acts, 1952 to 1980.

SCHEDULE

EIGHTH SCHEDULE

PART I

RATES OF PERIODICAL SOCIAL ASSISTANCE AND INCREASES THEREOF

PART II

PART III

INCREASE OF PENSION FOR A SPOUSE UNDER THE OLD AGE PENSIONS ACTS, 1908 TO 1980

PART IV

AMOUNTS OF CHILDREN'S ALLOWANCES

ACTS REFERRED TO