Social Welfare Act, 1979

Parts of increases of certain pensions not to be reckoned as means.

17.—(1) Notwithstanding anything in the Seventh Schedule to the Act of 1952, where—

(a) an old age (non-contributory) pension, a widow's (non-contributory) pension or an orphan's (non-contributory) pension is in course of payment to or in respect of a person or the spouse of the person or both of them,

(b) a pension (in this section referred to as “the other pension”), other than a pension mentioned in paragraph (a), is in course of payment to or in respect of the person or the spouse of the person or both of them, and

(c) an increase of the other pension occurs on or after the commencement of this section,

in calculating the means of the person or of the spouse or of both of them for the purposes of the Old Age Pensions Acts, 1908 to 1979, or the Widows' and Orphans' Pensions Acts, 1935 to 1979, any of the increase of the other pension which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount of the increase, shall not be reckoned as means.

(2) Section 9 of the Act of 1960 and section 15 of the Social Welfare (Miscellaneous Provisions) Act, 1961 , are hereby repealed.