Social Welfare Act, 1988

Conditions for receipt of old age and widow's (contributory) pensions and deserted wife's benefit.

30.—The Principal Act is hereby amended—

(a) by the insertion after subsection (11) of section 79 (which relates to the conditions for the receipt of old age (contributory) pensions) of the following subsections:

“(12) Subject to subsection (13), regulations may, subject to the sanction of the Minister for Finance, provide for entitling to old age (contributory) pension a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied where that person, having earlier ceased to be an employed contributor became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973 .

(13) Regulations for the purposes of subsection (12) shall provide that old age (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (c) is satisfied.”,

(b) by the insertion after subsection (9) of section 93 (which relates to the conditions for the receipt of widow's (contributory) pension) of the following subsections:

“(10) Subject to subsection (11), regulations may, subject to the sanction of the Minister for Finance, provide for entitling to widow's (contributory) pension a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973.

(11) Regulations for the purposes of subsection (10) shall provide that widow's (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) is satisfied.”, and

(c) by the insertion after subsection (8) of section 101 (which relates to the condition for the receipt of deserted wife's benefit) of the following subsections:

“(9) Subject to subsection (10), regulations may, subject to the sanction of the Minister for Finance, provide for entitling to deserted wife's benefit a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973.

(10) Regulations for the purposes of subsection (9) shall provide that deserted wife's benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) (ii) is satisfied.”.