Social Welfare and Pensions Act 2005

SCHEDULE 4

Pre-Consolidation Amendments

Section 26.

 

Item No.

Provisions affected

Amendment

1.

Section 2

In subsection (1)—

(a) in the definition of “reckonable emoluments” substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 )” for “Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 )”, and

(b) substitute the following for the definition of “social welfare inspector”:

“ ‘social welfare inspector’ means a person appointed by the Minister under section 212 to be a social welfare inspector for the purposes of Parts II, III, IV, IVA, V, VA, VB, VI and IX;”.

2.

Section 4

In subsection (6), substitute “not being regulations of which a draft is required” for “not being regulations or rules of which a draft is required”.

3.

Section 11

In subsection (1)—

(a) in paragraph (aa) (inserted by section 12 of the Act of 1996), substitute “eircom plc” for “Bord Telecom Eireann”,

(b) delete paragraph (c), and

(c) substitute the following for paragraphs (d) to (g):

“(d) persons employed as teachers in primary schools which are recognised schools within the meaning of the Education Act 1998 , or

(e) persons employed as teachers in training colleges recognised by the Minister for Education and Science for teachers in primary schools, or

(f) persons employed as teachers in post-primary schools which are recognised schools within the meaning of the Education Act 1998 , or

(g) persons employed as teachers in domestic science training colleges, funded by moneys voted by the Oireachtas for that purpose, or”.

4.

Section 16

(a) Substitute the following for subsection (1):

“(1) In this section ‘Act of 1988’ means the Bankruptcy Act 1988 .”.

(b) Substitute “section 81 of the Act of 1988” for “section 4 of the Act of 1889” in each place where it occurs.

(c) Substitute “Act of 1988” for “Act of 1889” in each place where it occurs.

5.

Section 29C (inserted by section 11 of the Act of 2002)

Substitute the following for subsection (2):

“(2) In this section ‘Personal Retirement Savings Account’ has the meaning given to it by section 91 of the Pensions Act 1990 ”.

6.

Section 30

In subsection (1)—

(a) delete paragraph (aa) (inserted by Regulation 5 of the European Communities (Social Welfare) Regulations 1994 ( S.I. No. 312 of 1994 )), and

(b) delete paragraph (e).

7.

Section 32

In subsection (2), substitute “52” for “39”.

8.

Sections 41A to 41G (inserted by Regulation 4 of the European Communities (Social Welfare) Regulations 1994 ( S.I. No. 312 of 1994 ))

Repeal the sections.

9.

Section 43

In subsection (2), substitute “52” for “39”.

10.

Section 64 (as amended by section 28 of the Act of 1997)

In subsections (1) and (3) substitute “qualified child or qualified adult” for “child or qualified adult” in each place where it occurs.

11.

Section 65

Substitute “Mental Health Acts 1945 to 2001” for “Mental Treatment Acts 1945 to 1966” wherever it occurs in that section.

12.

Section 82D (inserted by section 10 of the Act of 2000)

In subsection (1)(b), substitute “column (2)” for “column (1)”.

13.

Section 120

In subsection (8) (inserted by section 17 of the Act of 2004), substitute “unemployment assistance under this section” for “an allowance under this section”.

14.

Section 126

In subsection (2), in paragraph (e) of the definition of “institution of education”, substitute “Qualifications (Education and Training) Act 1999” for “National Council for Education Awards Act 1979”.

15.

Section 139

Substitute the following for subsection (2):

“(2) A person in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 87(1) shall, except as provided in section 135, be disqualified, for any period in respect of which the weekly rate of that pension payable to that other person is so increased, for receiving old age (non-contributory) pension.”.

16.

Section 140

(a) In subsection (1), insert “or in an approved centre within the meaning of the Mental Health Act 2001 ” after “Mental Treatment Act 1945”.

(b) In subsection (2), substitute “Clinical Director” for “Resident Physician and Governor”.

17.

Section 163

In subsection (1), in the definition of “relevant person” (as amended by section 10 of the Act of 1999), delete “handicapped”.

18.

Section 170A (inserted by section 5 of the Act of 2003)

Substitute “qualified child” for “child dependant”.

19.

Section 171

Substitute “qualified adult or qualified child” for “adult or child dependant”.

20.

Section 172

In subsection (2), substitute “a qualified adult or qualified child” for “his adult or child dependant”.

21.

Section 174

In subsection (1), substitute “a qualified adult or any qualified children” for “his adult or child dependants”.

22.

Section 177

In subsection 2(b), substitute “qualified child” for “child dependant” in each place where it occurs.

23.

Section 178

(a) In subsection (1)(b), substitute “qualified child” for “child dependant”.

(b) Delete subsection (2).

24.

Section 186

Repeal the section.

25.

Section 187

Delete subsections (1) to (7), (9) and (10).

26.

Section 188

Repeal the section.

27.

Section 191B (inserted by section 13 of the Act of 1996)

In subsections (1)(b) and (4), substitute “substantially restricted” for “substantially handicapped” in each place where it occurs.

28.

Section 197 (as amended by section 7 of the Act of 1998)

In paragraph (i) of the definition of “weekly family income” substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 )” for “Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ),”.

29.

Section 205 (as amended by section 21 of the Act of 1998)

In subsection (2)(d), delete “, sickness allowance”.

30.

Section 209

In subsections (1)(a) and (2)(a) (both as amended by section 14 of the Act of 2000), delete “pay-related benefit,” in each place where it occurs.

31.

Section 210 (as amended by section 5 of the Act of 2004)

In subsection (1), in the definition of “benefit”, substitute the following for paragraph (b):

“(b) unemployment benefit,”.

32.

Section 214

(a) In subsection (5)(b), substitute “€13,000” for “£10,000”.

(b) In subsection (6)—

(i) substitute “€1,500” for “£1,000”, and

(ii) substitute “€13,000” for “£10,000”.

33.

Section 218

(a) In subsection (1)(a)—

(i) substitute “€1,500” for “£1,000”, and

(ii) substitute “6 months” for “12 months”.

(b) In subsection (1)(b), substitute “€13,000” for “£10,000”.

34.

Section 221 (as amended by section 22 of the Social Welfare Act 1998 )

In subsection (2), substitute “€2,000” for “£1,500”.

35.

Section 223 (as amended by section 15 of this Act)

In subsection (1), substitute the following for the definition of “specified body”:

“ ‘specified body’ shall be read in accordance with the Ninth Schedule;”.

36.

Section 237 (as amended by section 17 of the Act of 1997)

In subsection (1)—

(a) substitute “Civil Liability (Amendment) Act 1964” for “Civil Liability Act, 1964”, and

(b) delete “(including any amount payable therewith by way of pay-related benefit)”.

37.

Section 254

In subsection (3), substitute “the Minister may specify” for “he may specify”.

38.

Section 259

In subsection (3), substitute “€1,500” for “£1,000”.

39.

Section 276

In subsection (11)(e), substitute “€150” for “£100”.

40.

Section 279A (inserted by section 31 of the Act of 1997)

Insert “or Part 2 of the Criminal Justice (Theft and Fraud Offences) Act 2001 ” after “ section 32 of the Larceny Act 1916 ”.

41.

Section 294

In subsection (1), substitute “competent authority” for “competent attachment of authority”.

42.

Section 296

Substitute “€1,500” for “£1,000” in each place where it occurs.

43.

Section 299

In subsection (2)—

(a) substitute “€1,500” for “£1,000”, and

(b) substitute “€13,000” for “£10,000”.

44.

First Schedule

In Part III, paragraph 3(b) substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 )” for “Regulations 59 and 60 of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ) (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 ))”.

45.

Second Schedule

In Part I, delete the rates of benefit contained at reference 1A (inserted by Regulation 6 of the European Communities (Social Welfare) Regulations 1994 ( S.I. No. 312 of 1994 )).

46.

Third Schedule

(a) In Part I, in Rule 1(2)(s)(i) (amended by section 26 of the Act of 1997), delete “handicapped”.

(b) In Part III—

(i) in Rule 1(1)(d) (amended by section 26 of the Act of 1997), delete “handicapped”, and

(ii) in Rule 1(1)(p)(i)(I) (inserted by section 26 of the Act of 2000), substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 )” for “Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 )”.

47.

Seventh and Eighth Schedules (inserted by Regulation 7 of the European Communities (Social Welfare) Regulations 1994 ( S.I. No. 312 of 1994 ))

Repeal the Schedules.