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Social Welfare (Consolidation) Act, 1981

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Number 1 of 1981


SOCIAL WELFARE (CONSOLIDATION) ACT, 1981


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title.

2.

Interpretation generally.

3.

General provisions as to regulations.

4.

Expenses.

PART II

Social Insurance

CHAPTER 1

Insured Persons, Contributions and Benefits

Insured Persons

5.

Insured persons.

6.

Employment by more than one employer.

7.

Modified insurance.

8.

Employment outside the State.

Contributions

9.

Sources of moneys for benefits.

10.

Employment contributions.

11.

Voluntary contributions.

12.

Regulations varying rates of contributions.

13.

Supplying by Revenue Commissioners of certain information and calculation of reckonable earnings.

14.

Exceptions and credits.

15.

Payment of contributions and keeping of records.

16.

Return of contributions paid in error.

Benefits

17.

Description of benefits.

CHAPTER 2

Disability Benefit

18.

Title to benefit.

19.

Conditions for receipt.

20.

Rates of benefit.

21.

Increases for adult and child dependants.

22.

Duration of payment.

23.

Disqualifications.

CHAPTER 3

Maternity Allowance

24.

Title to and duration of allowance.

25.

Conditions for receipt.

26.

Rate of allowance.

27.

Disqualifications.

28.

Supplementary provisions.

CHAPTER 4

Unemployment Benefit

29.

Title to benefit.

30.

Conditions for receipt.

31.

Rates of benefit.

32.

Increases for adult and child dependants.

33.

Reduced rates of benefit.

34.

Duration of payment.

35.

Disqualifications.

CHAPTER 5

Occupational Injury Benefits

Preliminary

36.

Interpretation.

Insurable Employment

37.

Occupational injuries insurance.

38.

Insurable (occupational injuries) employment.

39.

Extension of meaning of references to accidents arising out of and in the course of employment.

40.

Accidents in illegal employment, etc.

41.

Accidents outside the State.

Benefits

42.

Injury benefit.

43.

Disablement benefit.

44.

Increase of injury benefit and disablement pension for adult and child dependants.

45.

Increase of disablement pension on account of unemployability.

46.

Increase of disablement pension where constant attendance is needed.

47.

Increase of disablement benefit during approved hospital treatment.

48.

Adjustments for successive accidents.

49.

Title to death benefit.

50.

Death benefit for widows and widowers and increases for qualified children.

51.

Death benefit—parents.

52.

Death benefit—orphans.

53.

Death benefit—funeral expenses.

54.

Insurance against prescribed diseases and injuries not caused by accident.

55.

Supplements to workmen's compensation payments.

56.

Limitation of benefits by pre-accident earnings.

57.

Cost of medical care.

Occupational Accidents

58.

Notice of accidents.

59.

Reporting of accidents by employers.

60.

Declaration that accident is an occupational accident.

Miscellaneous

61.

Disqualifications for injury benefit or disablement benefit and suspensions of proceedings.

62.

Treating person as incapable of work, etc.

63.

Medical treatment and approved hospital treatment.

64.

Rehabilitation.

65.

Employment contributions.

66.

Research.

67.

Occupational Injuries Fund.

68.

Taking of benefit into account in assessing damages.

69.

Saver for repeal of Workmen's Compensation Acts, 1934 to 1955.

70.

Construction of certain references in Local Government (Superannuation) Act, 1956.

CHAPTER 6

Pay-Related Benefit

71.

Interpretation.

72.

Title to benefit.

73.

Rate of benefit.

74.

Duration of payment.

75.

Transitional provisions.

76.

Regulations.

77.

Information in relation to reckonable earnings.

CHAPTER 7

Old Age (Contributory) Pension

78.

Title to pension.

79.

Conditions for receipt.

80.

Rates of pension.

81.

Increases (including increases for adult and child dependants).

82.

Power to wind up or modify existing schemes and arrangements for the provision of superannuation and redundancy payments.

CHAPTER 8

Retirement Pension

83.

Title to pension.

84.

Conditions for receipt.

85.

Rates of pension.

86.

Increases (including increases for adult and child dependants).

CHAPTER 9

Survivor's Benefit

87.

Title to benefit.

CHAPTER 10

Invalidity Pension

88.

Title to pension.

89.

Conditions for receipt.

90.

Rates of pension.

91.

Increases (including increases for adult and child dependants).

CHAPTER 11

Widow's (Contributory) Pension

92.

Title to pension.

93.

Conditions for receipt.

94.

Rates of pension.

95.

Increases (including increases for child dependants).

CHAPTER 12

Orphan's (Contributory) Allowance

96.

Title to allowance.

97.

Condition for receipt.

98.

Rate of allowance.

99.

Payment of allowance.

CHAPTER 13

Deserted Wife's Benefit

100.

Title to benefit.

101.

Conditions for receipt.

102.

Rates of benefit.

103.

Increases (including increases for child dependants).

CHAPTER 14

Maternity Grant

104.

Title to grant.

105.

Conditions for receipt.

106.

Amount of grant.

CHAPTER 15

Death Grant

107.

Title to grant.

108.

Conditions for receipt.

109.

Amount of grant.

CHAPTER 16

Treatment Benefit

110.

General provisions as to benefit.

CHAPTER 17

Administration, Legal Proceedings and Finance

Administration

111.

Decisions.

112.

Administration of benefit.

113.

Interim payments, arrears and repayments.

114.

Inspectors.

Legal Proceedings

115.

Offences, including offences relating to bodies corporate.

116.

General provisions as to prosecutions.

117.

Recovery of sums due to the Social Insurance Fund by civil proceedings.

118.

Application of Probation of Offenders Act, 1907.

119.

Effect of decision.

120.

Winding-up and bankruptcy.

121.

Married women.

Finance

122.

Social Insurance Fund.

123.

Payments from Fund for acquisition of land, etc.

CHAPTER 18

Miscellaneous Provisions

124.

Prevention of double increase for prescribed relative.

125.

Payments after death.

126.

Provisions as to maintenance.

127.

Free certificates.

128.

Claims.

129.

Absence from the State or imprisonment.

130.

Overlapping provisions, etc.

131.

Adjusting payments of benefits.

132.

Loss of benefit because of employer's default.

133.

Continuity of insurance under old codes.

PART III

Social Assistance

CHAPTER 1

Preliminary

134.

Description of assistance.

CHAPTER 2

Unemployment Assistance

135.

Interpretation.

136.

Qualification certificates.

137.

Right to assistance.

138.

Statutory conditions.

139.

Rates of assistance.

140.

Effect of means on rates.

141.

Revocation and amendment of qualification certificates.

142.

Disqualifications.

143.

Operative date of certain decisions.

144.

False statements and offences.

145.

Prosecutions.

146.

Calculation of means.

147.

Calculation of means—alternative method.

148.

Regulations—general.

149.

Regulations—specific.

150.

Payments of unemployment assistance.

151.

Overpayments.

152.

Unemployment assistance granted to persons in receipt of supplementary welfare allowance.

153.

Payments to Minister by local authorities.

154.

Certificate of valuation.

155.

Extension of meaning of “urban area”.

156.

Date of operation of census.

CHAPTER 3

Old Age And Blind Pensions (Non-Contributory)

Old Age Pension

157.

Interpretation.

158.

Right to pension.

159.

Statutory conditions.

160.

Special conditions for receipt of pension.

161.

Rates of pension and increases for child dependants.

162.

Increases for incapacitated and married pensioners.

163.

Disqualifications.

164.

Decisions and appeals.

165.

Local pensions committees and social welfare officers.

166.

Raising of questions.

167.

Commencements of pensions.

168.

General provisions as to prosecutions.

169.

Legal proceedings.

170.

Regulations.

171.

Pensions of persons in certain mental institutions.

172.

Notifications of increase of means.

173.

Furnishing of information to social welfare officers.

174.

Furnishing of information to social welfare officers by personal representatives.

Blind pension

175.

Right to pensions and statutory conditions.

CHAPTER 4

Windows's And Orphan's Pensions (Non-Contributory)

176.

Interpretation.

Window's Pension

177.

Right to pension.

178.

Rates of pension and increases for child dependants.

179.

Increases for incapacitated pensioners.

180.

Disqualifications.

181.

Provisions against double pensions.

Orphan's Pension

182.

Right to pension.

183.

Rates of pension.

Miscellaneous

184.

Claims.

185.

Appointment and duties of social welfare officers.

186.

Absence from the State.

187.

Commencement of pensions.

188.

Penalty for false statements.

189.

Regulations.

190.

Payment of widow's pensions.

191.

Payment of orphan's pensions.

192.

Repayment of pension overpaid.

193.

Pension granted to person in receipt of unemployment assistance.

194.

Pension granted to persons in receipt of supplementary welfare allowance.

CHAPTER 5

Allowances for Certain Women

195.

Deserted wife's allowance.

196.

Prisoner's wife's allowance.

197.

Social assistance allowance.

198.

Single woman's allowance.

CHAPTER 6

Supplementary Welfare Allowance

199.

Interpretation.

200.

Entitlement to supplementary welfare allowance.

201.

Exclusion of persons receiving full-time education.

202.

Exclusion of persons in full-time employment.

203.

Persons affected by trade disputes.

204.

Administration.

205.

Appeals.

206.

Conditions for grant of supplementary welfare allowance.

207.

Calculation of supplementary welfare allowance.

208.

Weekly amounts of supplementary welfare allowance for persons of no means.

209.

Additions to weekly amount of supplementary welfare allowance and other income.

210.

Calculation of means.

211.

Allowances in kind.

212.

Power to make single payment for exceptional need.

213.

Grant of supplementary welfare allowance in cases of urgency.

214.

Liability to maintain dependants.

215.

Recovery of and contributions to supplementary welfare allowance.

216.

Arrangements for burials.

217.

Estimates of income and expenditure in respect of supplementary welfare allowance.

218.

Financing of health board expenditure.

219.

Regulations.

220.

Transfers of certain property.

221.

Transfer of certain officers and enforceability of contracts.

222.

Transitional provisions.

PART IV

Children's Allowances

223.

Qualified child.

224.

Qualified persons.

225.

Amounts of children's allowance.

226.

Time limit for payment.

227.

Appointment and duties of social welfare officers.

228.

Exclusion of children's allowance for superannuation or pension purposes.

229.

Repayment of children's allowances overpaid.

230.

Payments to appointed persons and absence from State.

231.

Penalty for false statements.

232.

Regulations.

PART V

Intermittent Unemployment Insurance

Preliminary and General

233.

Interpretation.

234.

Insurable employment.

235.

Employment in the building, civil engineering and painting trades.

236.

Excepted persons.

237.

Persons employed by the State.

238.

Extension of meaning of “insurable employment” and “skilled worker”.

Insured Persons and Contributions

239.

Insurance against intermittent unemployment.

240.

Contributions.

241.

Liability for contributions.

242.

Employer's contribution irrecoverable from insured person.

243.

Recovery by employer of insured person's contribution.

244.

Persons treated as employers.

245.

Dates of payment of contributions.

246.

Repayment of contributions.

247.

Regulations as to payment of contributions by stamps, etc.

248.

Issue of supplementary insurance stamps.

249.

Powers of Minister for Posts and Telegraphs in relation to supplementary insurance stamps.

250.

Winding-up and bankruptcy.

Supplementary Benefit

251.

Right to supplementary benefit.

252.

Rates of supplementary benefit.

253.

Conditions for receipt of supplementary benefit.

254.

Notification of intermittent unemployment.

255.

Payment of supplementary benefit by employers.

256.

Payment of supplementary benefit by Minister.

257.

Repayment by Minister of benefit paid by employers.

258.

Circumstances in which no repayments are to be made to employers.

259.

Recovery of amounts improperly paid.

260.

Notification of amounts improperly paid.

261.

Procedure.

262.

Additional methods of fulfilling conditions.

263.

Restriction on payment of unemployment benefit and unemployment assistance.

Administration

264.

Inspectors.

265.

Provisions in relation to excepted persons whose employment is terminated.

266.

Offences, including offences relating to bodies corporate.

267.

Prosecutions.

268.

Civil proceedings against employer.

269.

Continuance, etc., of the Fund.

270.

Advances out of Central Fund.

271.

Decisions.

272.

Application of administration provisions.

PART VI

School Meals and Fuel Schemes

CHAPTER 1

School Meals (National Schools)

273.

Interpretation.

274.

Power of local authority to provide meals.

275.

Recovery of cost of meals.

276.

Power of local authority to defray cost of food in certain cases.

277.

Provision of meals on days when schools do not meet.

278.

Exemption of teachers from duties.

CHAPTER 2

Meals (other than in National Schools)

279.

General powers of local authorities.

CHAPTER 3

School Meals (Gaeltacht)

280.

Interpretation.

281.

Application.

282.

Authority to provide meals.

283.

Appointment of committees.

284.

Exemption of teachers from duties.

285.

Payments in aid to county councils.

286.

Regulations.

287.

Expenses of county councils.

288.

The Gaeltacht.

CHAPTER 4

Fuel Scheme

289.

Cheap fuel scheme.

PART VII

Alienation of Books and Documents

290.

Application.

291.

Prohibition of alienation of documents.

292.

Avoidance of alienation of documents.

293.

Return of documents on demand.

294.

Punishment for offences.

PART VIII

Decisions, Appeals and Miscellaneous

Decisions and Appeals

295.

Deciding officers.

296.

Decisions by deciding officers.

297.

Appeals officers.

298.

Appeals and references to appeals officers.

299.

Appeals to High Court.

300.

Revision of decisions.

301.

Certificate by deciding or appeals officer.

Miscellaneous

302.

Stamp duty.

303.

Birth, marriage and death certificates.

304.

Inalienability.

305.

Means for purpose of Debtors Act (Ireland), 1872.

306.

Exclusion in assessment of damages.

307.

Reciprocal arrangements.

308.

Regulations varying rates of benefit or assistance.

309.

Regulations securing continuity of certain provisions repealed, amended, etc.

PART IX

Commencement, Repeals and Continuance

310.

Commencement and repeals.

311.

Continuity of repealed enactments.

312.

Continuance of instruments, officers and documents.

313.

Superannuation of certain officers.

FIRST SCHEDULE

Employments and Excepted Employments

PART I

Employments

PART II

Excepted Employments

SECOND SCHEDULE

Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof

PART II

Occupational Injuries Benefits—Gratuities and Grants

PART III

Disablement Pension

PART IV

Increases of Disablement Pension

PART V

Reduced Rates of Injury Benefit and Disablement Pension

PART VI

Amounts of Maternity and Death Grants

THIRD SCHEDULE

Rules as to Calculation of Means

FOURTH SCHEDULE

Rates of Assistance

PART I

Rates cf Periodical Social Assistance and Increases Thereof

PART II

Reductions for Means

PART III

Increase of Old Age Pension for a Spouse

PART IV

Amounts of Children's Allowances

FIFTH SCHEDULE

Intermittent Unemployment Insurance

PART I

Rates of Weekly Contributions Payable by Insured Persons and Employers

PART II

Hourly Rates of Supplementary Benefit

SIXTH SCHEDULE

Enactments Repealed

Marginal Abbreviations

19—OAP

[html]

Old Age Pensions Act of year indicated.

19—UA

[html]

Unemployment Assistance Act of year indicated.

19—WOPS

[html]

Widows' and Orphans' Pensions Act of year indicated.

19—CA

[html]

Children's Allowances Act of year indicated.

19—

[html]

Social Welfare Act of year indicated.

19—MP

[html]

Social Welfare (Miscellaneous Provisions) Act of year indicated.

1942 IU

[html]

Insurance (Intermittent Unemployment) Act, 1942 .

19—AM

[html]

Social Welfare (Amendment) Act of year indicated.

1966 OI

[html]

Social Welfare (Occupational Injuries) Act, 1966 .

1974 (No. 1), (No. 2), (No. 3)

[html]

Social Welfare (No. 1, 2 or 3 as the case may be) Act, 1974.

19—PM

[html]

Education (Provision of Meals) (Ireland) Act of year indicated.

19—SMG

[html]

School Meals (Gaeltacht) Act of year indicated.

19—PRB

[html]

Social Welfare (Pay-Related Benefit) Act of year indicated.

19—HA

[html]

Health Act of year indicated.

1932 PB

[html]

Pension Books (Prohibition of Alienation) Act, 1932.

1939 PA

[html]

Public Assistance Act, 1939 .

1940 CM

[html]

County Management Act, 1940.

1971 LG

[html]

Local Government (Rateability of Rents) (Abolition) Act, 1971.

1975 SWA

[html]

Social Welfare (Supplementary Welfare Allowances) Act, 1975 .

1976 (No. 2)

[html]

Social Welfare (No. 2) Act, 1976.

TABLE OF STATUTES REFERRED TO

Short title

Session and chapter or number and year

Common Law Procedure Amendment Act (Ireland), 1856

19 & 20 Vic.

c.102

Debtors Act (Ireland), 1872

35 & 36 Vic.

c.57

Public Offices Fees Act, 1879

42 & 43 Vic.

c.58

Preferential Payments in Bankruptcy (Ireland) Act, 1889

52 & 53 Vic.

c.60

Inland Revenue Regulation Act, 1890

53 & 54 Vic.

c.21

Stamp Duties Management Act, 1891

54 & 55 Vic.

c.38

Stamp Act, 1891

54 & 55 Vic.

c.39

Local Government (Ireland) Act, 1898

61 & 62 Vic.

c.37

Workmen's Compensation Act, 1906

6 Edw. 7.

c.58

Probation of Offenders Act, 1907

7 Edw. 7.

c.17

Post Office Act, 1908

8 Edw. 7.

c.48

National Insurance Act, 1911

1 & 2 Geo. 5.

c.55

Pilotage Act, 1913

2 & 3 Geo. 5.

c.31

Unemployment Insurance Act, 1920

10 & 11 Geo. 5.

c.30

Blind Persons Act, 1920

10 & 11 Geo. 5.

c.49

Criminal Justice (Evidence) Act, 1924

No. 37 of 1924

Enforcement of Court Orders Act, 1926

No. 18 of 1926

Illegitimate Children (Affiliation Orders) Act, 1930

No. 17 of 1930

National Health Insurance Act, 1933

No. 13 of 1933

Approved Investments Act, 1933

No. 34 of 1933

Workmen's Compensation Act, 1934

No. 9 of 1934

Widows' and Orphans' Pensions Act, 1935

No. 29 of 1935

Superannuation Act, 1936

No. 39 of 1936

Public Assistance Act, 1939

No. 27 of 1939

Insurance (Intermittent Unemployment) Act, 1942

No. 7 of 1942

Arterial Drainage Act, 1945

No. 3 of 1945

Mental Treatment Act, 1945

No. 19 of 1945

Health Act, 1947

No. 28 of 1947

Land Reclamation Act, 1949

No. 25 of 1949

Social Welfare Act, 1950

No. 14 of 1950

Social Welfare Act, 1952

No. 11 of 1952

Health Act, 1953

No. 26 of 1953

Fatal Injuries Act, 1956

No. 3 of 1956

Local Government (Superannuation) Act, 1956

No. 10 of 1956

Health Authorities Act, 1960

No. 9 of 1960

Civil Liability Act, 1961

No. 41 of 1961

Companies Act, 1963

No. 33 of 1963

Civil Liability (Amendment) Act, 1964

No. 17 of 1964

Land Act, 1965

No. 2 of 1965

Social Welfare (Occupational Injuries) Act, 1966

No. 16 of 1966

Income Tax Act, 1967

No. 6 of 1967

Health Act, 1970

No. 1 of 1970

Holidays (Employees) Act, 1973

No. 25 of 1973

Social Welfare Act, 1975

No. 1 of 1975

Social Welfare (Supplementary Welfare Allowances) Act, 1975

No. 28 of 1975

Social Welfare (Amendment) Act, 1978

No. 25 of 1978

Acts Cited Collectively


Income Tax Acts.

Land Purchase Acts.

Valuation Acts.

Superannuation Acts, 1834 to 1963.

Sale of Food and Drugs Acts, 1875 to 1936.

Local Government (Sanitary Services) Acts, 1878 to 1964.

Labourers Acts, 1883 to 1965.

National Health Insurance Acts, 1911 to 1952.

Army Pensions Acts, 1923 to 1980.

Military Service Pensions Acts, 1924 to 1964.

Workmen's Compensation Acts, 1934 to 1955.

Connaught Rangers (Pensions) Acts, 1936 to 1964.

County Management Acts, 1940 to 1972.

Social Welfare (Children's Allowances) Acts, 1944 to 1973.

Mental Treatment Acts, 1945 to 1966.

Forestry Acts, 1946 to 1976.

Health Acts, 1947 to 1979.

Adoption Acts, 1952 to 1976.

Housing Acts, 1966 to 1979.

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Number 1 of 1981


SOCIAL WELFARE (CONSOLIDATION) ACT, 1981


AN ACT TO CONSOLIDATE ENACTMENTS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE, CHILDREN'S ALLOWANCES, INTERMITTENT UNEMPLOYMENT INSURANCE AND OTHER ENACTMENTS RELATING TO SOCIAL WELFARE. [24th February, 1981]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: