Social Welfare Act, 1948
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Amendment of the First Schedule to the Principal Act. |
57.—The particulars set out in the Table to this section shall be inserted in the Principal Act in lieu of the First Schedule. | |
Table to Section 57. | ||
“FIRST SCHEDULE. | ||
Rules for Determining net weekly means of widows and orphans for the purposes of Part III of this Act. | ||
Annual means. | ||
1. (1) In the calculation of the annual means of a person for the purposes of this Schedule, the following things and no other shall be deemed to constitute the means of such person:— | ||
(a) the yearly value ascertained in the prescribed manner of all property belonging to such person (not being property personally used or enjoyed by such person) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use; | ||
(b) all income in cash which such person may reasonably expect to receive during the year succeeding the date of calculation, but excluding— | ||
(i) any income received by way of relief from a public assistance authority, | ||
(ii) any income received as a bonus under a scheme, administered by the Minister for Education, for the making of special grants to parents or guardians, resident in the Gaeltacht or Breac-Ghaeltacht, of children attending primary schools, | ||
(iii) any income by way of voluntary or gratuitous payment, so far as it does not exceed £26 per annum, received from any source other than payment made to such person as head of the household by persons living with such person, | ||
(iv) any income or money coming under any other paragraph of this sub-rule, | ||
(v) any moneys received by way of pension under this Act, | ||
(vi) any payments under section 44 of the Health Act, 1947 (No. 28 of 1947), by a health authority to or in respect of such person or her dependants; | ||
(c) the net cash value of any income (but excluding the first £26 thereof) derived from personal exertions which such person may reasonably expect to receive during the year succeeding the date of calculation; | ||
(d) the yearly value ascertained in the prescribed manner of any advantage accruing to such person from the use of property (other than furniture and personal effects) which is personally used or enjoyed by such person; | ||
(e) all income and the yearly value ascertained in the prescribed manner of all property of which such person has directly or indirectly deprived herself in order to qualify herself for the receipt of a widow's (non-contributory) pension, or for the receipt of a widow's (non-contributory) pension at a higher rate than that to which she would otherwise be entitled under this Act. | ||
(2) For the purposes of paragraphs (b) and (c) of sub-rule (1) of this rule, the income of a person shall, in the absence of other means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of calculation. | ||
Weekly means. | ||
2. (1) For the purposes of this Schedule, the weekly means of a person shall be such person's annual means, calculated under Rule 1 of this Schedule, divided by fifty-two. | ||
(2) For the purposes of this rule, the annual means of a widow who has any child or children under the appointed age shall be deemed to include the annual means (if any) of such child or children, but shall not include any cash income derived from the personal exertions of such child or children. | ||
(3) References in this Rule and in Rule 3 of this Schedule to the child or children of a widow shall be construed as references to the child or children (as the case may be) of the man who was the husband of such widow. | ||
The appropriate sum. | ||
3. (1) In this Schedule the expression “the appropriate sum” means, in relation to a widow, | ||
(a) if she has no children under the appointed age, 5s., | ||
(b) if she has only one child under the appointed age, 9s., | ||
(c) if she has two or more children under the appointed age, 13s. | ||
(2) In this Schedule “the appropriate sum” means, in relation to an orphan child, 3s. | ||
Net weekly means. | ||
4. (1) Where the net weekly means of a person are equal to or less than the appropriate sum, the net weekly means of such person shall, for the purposes of this Act, be nil. | ||
(2) Where the weekly means of a person exceed the appropriate sum, the net weekly means of such person shall, for the purposes of this Act, be the excess.” |