Social Welfare (Amendment) Act, 1960

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

8.—Section 26 of the Principal Act is hereby amended by the addition thereto of the following subsections:

“(2) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (3) of Part I of the Third Schedule to this Act for any period during which—

(a) the beneficiary is living with or wholly or mainly maintaining his wife, or

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

and which is not a period in respect of which the spouse of the beneficiary is in receipt of old age (contributory) pension.

(3) (a) Subject to the provisions of the Acts and to the subsequent provisions of this subsection, on the death of a person to whom an old age (contributory) pension was payable at an increased weekly rate by virtue of this section in respect of a period ending on such death, the wife or husband, as the case may be, shall be entitled to benefit the weekly rate of which is equal to the amount of the increase of the weekly rate of the aforesaid old age (contributory) pension.

(b) Benefit under this subsection shall not be payable for any period after the remarriage of the person to whom it had been payable.

(c) A person shall be disqualified for receiving benefit under this subsection if and so long as the person and any other person are cohabiting as married persons.

(d) Where, but for the provisions of this paragraph, benefit under this subsection and widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts, 1935 to 1959, or widow's (contributory) pension or old age (contributory) pension would be payable to a person in respect of any period—

(i) benefit under this subsection shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of the pension, and

(ii) the pension shall not be payable in respect of that period unless the rate thereof is greater than the rate of benefit under this subsection.”