Social Welfare (No. 2) Act, 1974

Amendment of section 13 of Social Welfare (Miscellaneous Provisions) Act, 1966, consequential on section 22.

23.—(1) Section 13 of the Social Welfare (Miscellaneous Provisions) Act, 1966 (which relates to the payment of pension under the Old Age Pensions Acts, 1908 to 1974, in lieu of widow's (contributory) pension or old age (contributory) pension in certain cases) is hereby amended by the substitution for subsection (1) of the following subsection:—

“(1) Where a person who has attained pensionable age is in receipt of or entitled to deserted wife's benefit, a widow's (contributory) pension or old age (contributory) pension or is a person in respect of whom an increase of the latter pension is payable by virtue of section 26 (2) of the Act of 1952, and would, but for section 20 of the Act of 1960, be qualified for the receipt of a pension under the Acts—

(a) the person may, notwithstanding anything contained in the said section 20, be paid the pension under the Acts for any period during which the rate of pension payable under the Acts would be greater than the rate of deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, payable, and

(b) in any case where the pension under the Acts is so paid, entitlement to deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, shall continue but the amount of any such benefit, pension or increase payable during any such period—

(i) shall not be paid to or in respect of the person, and

(ii) shall be paid out of the Social Insurance Fund to the Exchequer.”.

(2) This section shall come into operation on the 1st day of July, 1974.