Social Welfare (Miscellaneous Provisions) Act, 1965

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Number 20 of 1965.

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1965

ARRANGEMENT OF SECTIONS

Number 20 of 1965.

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1965

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1964, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1964, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1964, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1963, AND THE SOCIAL WELFARE ACTS, 1952 TO 1964. [29th July, 1965.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—In this Act—

“the Acts” means the Unemployment Assistance Acts, 1933 to 1964;

“the Act of 1933” means the Unemployment Assistance Act, 1933 ;

“the Act of 1935” means the Widows' and Orphans' Pensions Act, 1935 ;

“the Act of 1952” means the Social Welfare Act, 1952 ;

“the Act of 1960” means the Social Welfare (Amendment) Act, 1960 ;

“the Act of 1962” means the Social Welfare (Miscellaneous Provisions) Act, 1962 ;

“the Act of 1963” means the Social Welfare (Miscellaneous Provisions) Act, 1963 ;

“the Act of 1964” means the Social Welfare (Miscellaneous Provisions) Act, 1964 ;

“the Minister” means the Minister for Social Welfare.

Increase of rates of old age pensions.

2.—(1) Section 77 of the Act of 1952 is hereby amended by—

(a) the substitution of “one hundred and fifty-six pounds” for “one hundred and forty-three pounds” in each place where it occurs in subsection (2) (inserted by the Act of 1964),

(b) the substitution of “one hundred and forty-three pounds” for “one hundred and thirty pounds” in that subsection, and

(c) the substitution for the Table to that subsection of the following Table:

“TABLE

Rate of Pension

”.

(2) Section 8 of the Old Age Pensions Act, 1924, is hereby amended by the substitution in subsection (1) of “one hundred and fifty-six pounds” for “one hundred and forty-three pounds” (inserted by the Act of 1964).

(3) Subsections (1) and (2) of this section shall come into operation on the 1st day of August, 1965.

Increase of rates of unemployment assistance.

3.—(1) In the Act of 1933, for the Schedule thereto inserted by section 3 of the Act of 1964, there is hereby substituted the following:

“SCHEDULE

Rates of Unemployment Assistance

”.

(2) Subsection (1) of this section shall come into operation on the 1st day of August, 1965.

Increase of rates of widows' (non-contributory) pensions.

4.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by—

(a) the substitution of “two hundred and eight pounds and fifteen shillings” for “one hundred and ninety-five pounds and fifteen shillings” (inserted by the Act of 1964) in paragraph (b) (inserted by the Act of 1962) of subsection (1),

(b) the substitution of “two hundred and twenty-one pounds and fifteen shillings” for “two hundred and eight pounds and fifteen shillings” (inserted by the Act of 1964) in subparagraph (i) of the said paragraph (b),

(c) the substitution of “one hundred and ninety-five pounds and fifteen shillings” for “one hundred and eighty-two pounds and fifteen shillings” (inserted by the Act of 1964), “two hundred and eight pounds and fifteen shillings” for “one hundred and ninety-five pounds and fifteen shillings” (inserted by the Act of 1964) and “one hundred and ninety-five pounds, fifteen shillings and one penny” for “one hundred and eighty-two pounds, fifteen shillings and one penny” (inserted by the Act of 1964) in subparagraph (ii) of the said paragraph (b), and

(d) the substitution for Table B of the following Table :

“TABLE B

Weekly Rates of Widows' (Non-Contributory) Pensions

”.

(2) Subsection (1) of this section shall come into operation on the 1st day of August, 1965.

Increase of rates of orphans' (non-contributory) pensions.

5.—(1) In the Table to section 25 of the Act of 1935, being the section inserted by section 106 of the Act of 1952, for the rates (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1960 ) set forth therein, there are hereby substituted the rates set forth in the Table to this section.

“TABLE

Weekly Rates of Orphans' (Non-contributory) Pensions

”.

(2) Subsection (1) of this section shall come into operation on the 1st day of August, 1965.

Remuneration limit in respect of insured persons.

6.—(1) The First Schedule to the Act of 1952 is hereby amended by the substitution for paragraph 1 (inserted by the Social Welfare (Amendment) Act, 1958 ) of Part II of the following paragraph:

“1. Employment, otherwise than by way of manual labour, at a rate of remuneration exceeding in value twelve hundred pounds a year, or in cases where such employment involves part-time service only, at a rate of remuneration which is equivalent to a rate of remuneration exceeding twelve hundred pounds a year for whole-time service.”

(2) (a) The Government may from time to time by order vary the rates of remuneration specified in the said paragraph 1.

(b) The Government may from time to time by order amend or revoke an order under this subsection (including an order under this paragraph).

(c) Where an order is proposed to be made under this subsection, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(3) Subsections (1) and (2) of this section shall come into operation on such day as the Minister may appoint by order.

Crediting of contributions.

7.—The Minister may provide by regulations under this section for crediting contributions, in respect of such periods as the Minister may specify in the regulations, to an insured person who, on the commencement of subsections (1) and (2) of section 6 of this Act, becomes by virtue of that section an employed contributor and who by virtue of paragraph 1 of Part II of the First Schedule to the Act of 1952 was not immediately before such commencement an employed contributor subject to the condition that the contributions to be so credited shall not be reckonable for the purposes of widow's (contributory) pension or old age (contributory) pension and to such other conditions (if any) as the Minister may specify in the regulations.

Calculation of means of certain persons for purposes of unemployment assistance.

8.—(1) Subject to the provisions of sections 9 and 10 of this Act, the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) of this section from the use of land which is personally used or enjoyed by the person shall, for the purposes of paragraph (c) of subsection (1) of section 13 of the Act of 1933, be deemed to be an amount calculated at the rate of twenty pounds for every pound of the rateable valuation of the land and at a proportionate rate for any portion of a pound of the valuation.

(2) (a) The Government may from time to time by order vary the rate specified in subsection (1) of this section.

(b) The Government may from time to time by order revoke or amend an order under this subsection, including an order under this paragraph.

(3) (a) The Government may from time to time by order specify areas for the purposes of subsection (1) of this section.

(b) The Government may from time to time by order revoke or amend an order under this subsection, including an order under this paragraph.

(4) Every order made by the Government under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Application of alternative method of calculation of means of certain persons for purposes of unemployment assistance.

9.—If, after consultation with the Minister for Agriculture and having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing the occurrence of inequalities or injustices, he may, notwithstanding the provisions of section 8 of this Act, direct that the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) of that section from the use of land which is personally used or enjoyed by the person shall, for the purposes of paragraph (c) of subsection (1) of section 13 of the Act of 1933, be calculated in accordance with the provisions of paragraph (3) of Regulation 3 of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934 .

Special provision for limited period in relation to calculation of means of certain persons for purposes of unemployment assistance.

10.—(1) Notwithstanding the provisions of section 8 of this Act, during the period of five years commencing on the 3rd day of January, 1966—

(a) where immediately before the 3rd day of January, 1966, a person—

(i) is the holder of a qualification certificate under the Acts,

(ii) is the occupier of land which is personally used or enjoyed by him,

(iii) is resident in an area standing specified in an order under subsection (3) of section 8 of this Act,

the yearly value of any advantage accruing to such person from the use of such land shall, for the purposes of paragraph (c) of subsection (1) of section 13 of the Act of 1933, be either the value calculated in accordance with section 8 of this Act or the value calculated in accordance with the provisions of paragraph (3) of Regulation 3 of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934 , whichever is the less, and

(b) subject to the provisions of section 9 of this Act, whenever at any time the yearly value aforesaid when calculated in accordance with the provisions of the said paragraph (3) equals or exceeds such yearly value when calculated in accordance with the provisions of section 8 of this Act, such yearly value shall, for the purposes of the said paragraph (c), be calculated in accordance with the provisions of the said section 8 and shall thereafter continue to be so calculated.

(2) Paragraph (a) of subsection (1) of this section shall not apply in relation to a person who—

(a) is the holder of a qualification certificate under the Acts immediately before the 3rd day of January, 1966,

(b) received the certificate before the beginning of the year ending on the 3rd day of January, 1966, and

(c) has not, during the year ending on the 3rd day of January, 1966, applied for or been in receipt of unemployment assistance under the Acts.

Amendment of section 8 of Social Welfare (Miscellaneous Provisions) Act, 1960.

11.— Section 8 of the Social Welfare (Miscellaneous Provisions) Act, 1960 , is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) Where the pension of a person is appropriated under subsection (1) of this section, the person in charge, within the meaning of the aforesaid Act, of the place where the person is detained, or, if the person is detained in the Dundrum Central Criminal Lunatic Asylum, within the meaning of the aforesaid Act, the Resident Physician and Governor thereof may, in his absolute discretion, do either or both of the following, that is to say:

(a) pay to the person for his own use such portion (not exceeding one pound per week) of the pension as he considers proper in the particular circumstances, if, in his opinion, the person is capable of making proper use of the portion so paid,

(b) make out of the pension all or part of such of the following payments as the person in charge thinks proper in the circumstances to make and fall to be made by the person, that is to say, rent, ground rent, rates (including water rates), land purchase annuities, payments in respect of charges or mortgages, cottage purchase annuities, instalments payable under hire purchase or credit sale agreements and insurance or assurance premiums.”

Amendment of section 6 of Act of 1952.

12.—(1) Section 6 of the Act of 1952 is hereby amended by—

(a) the substitution of “three shillings and sevenpence” for “three shillings and one penny” (inserted by the Act of 1963) in paragraph (a) of subsection (2) (inserted by the Act of 1960), and

(b) the substitution of “seven shillings and threepence” for “six shillings” (inserted by the Act of 1963) in paragraph (b) of the said subsection (2).

(2) Subsection (1) of this section shall come into operation on the 3rd day of January, 1966.

Amendment of Second Schedule to Act of 1952.

13.—(1) (a) The Second Schedule to the Act of 1952 is hereby amended by—

(i) the substitution of “7s. 4d.” for “5s. 11d.” (inserted by the Act of 1963) and “6s. 3d.” for “4s. 10d.” (inserted by the Act of 1963) in subparagraph (a) of paragraph 1,

(ii) the substitution of “7s. 4d.” for “5s. 11d.” (inserted by the Act of 1963) and “7s. 0d.” for “5s. 7d.” (inserted by the Act of 1963) in subparagraph (b) of the said paragraph 1,

(iii) the substitution of “5s. 1d.” for “3s. 8d.” (inserted in both subparagraphs by the Act of 1963) in subparagraphs (a) and (b) of paragraph 2,

(iv) the substitution of “3s. 11d.” for “2s. 10d.” (inserted by the Act of 1963) in subparagraph (a) of paragraph 3 and “4s. 10d.” for “3s. 8d.” (inserted by the Act of 1963) in subparagraph (b) of the said paragraph 3,

(v) the substitution of “4s. 8d.” for “3s. 7d.” (inserted by the Act of 1963) in subparagraph (a) of paragraph 3A (inserted by the Act of 1960) and “5s. 7d.” for “4s. 5d.” (inserted by the Act of 1963) in subparagraph (b) of the said paragraph 3A,

(vi) the substitution of “1s. 9d.” for “1s. 6d.” (inserted by the Act of 1963) in subparagraph (a) of paragraph 4 (inserted by the Regulations of 1956) and “1s. 10d.” for “1s. 7d.” (inserted by the Act of 1963) in subparagraph (b) of the said paragraph 4,

(vii) the substitution of “1s. 9d.” for “1s. 6d.” (inserted by the Act of 1963) in subparagraph (b) of paragraph 5 (inserted by the Regulations of 1956),

(viii) the substitution of “5s. 7d.” for “4s. 2d.” (inserted by the Act of 1963) in subparagraph (a) of paragraph 6 (inserted by the Regulations of 1956) and “7s. 0d.” for “5s. 7d.” (inserted by the Act of 1963) in subparagraph (b) of the said paragraph 6, and

(ix) the substitution of “5s. 7d.” for “4s. 2d.” (inserted by the Act of 1963) in subparagraph (a) of paragraph 7 (inserted by the Regulations of 1956) and “6s. 1d.” for “4s. 8d.” (inserted by the Act of 1963) in subparagraph (b) of the said paragraph 7.

(b) In this subsection “the Regulations of 1956” means the Social Welfare (Modifications of Insurance) Regulations, 1956 .

(2) Subsection (1) of this section shall come into operation on the 3rd day of January, 1966.

Amendment of Third Schedule to Act of 1952.

14.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1963) and Part II of the following Parts:

“PART I

Rates of Periodical Benefits and of Increases Thereof

PART II

Amount of Grants

”

(2) Subsection (1) of this section shall come into operation—

(a) in so far as it relates to Part II of the Third Schedule to the Act of 1952, on the 1st day of January, 1966,

(b) in so far as it relates to disability benefit, unemployment benefit and maternity allowance, on the 3rd day of January, 1966, and

(c) in so far as it relates to widow's (contributory) pension, orphan's (contributory) allowance and old age (contributory) pension, on the 7th day of January, 1966.

Amendment of Seventh Schedule to Act of 1952.

15.—The Seventh Schedule to the Act of 1952 is hereby amended by—

(a) the substitution for subparagraph (e) of paragraph (II) of Rule 1 of the following subparagraph:

“(e) (i) any income from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them, and

(ii) any income, other than income of the kind specified in clause (i) of this subparagraph, from voluntary or gratuitous payments in so far as it does not exceed £52 5s. 0d. per year”,

(b) the substitution in subparagraph (h) of paragraph (II) of Rule 1 of “£65” for “£52” in both places where it occurs, “£52” for “£39” in both places where it occurs and “£39” for “£26” in both places where it occurs,

(c) the substitution in subparagraph (j) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1960 ) of paragraph (II) of Rule 1 of “earnings derived by her from her personal exertions” for “earnings derived by her from employment which is an employment specified in the First Schedule to this Act”,

(d) the insertion after subparagraph (k) (inserted by the Act of 1962) in paragraph (II) of Rule 1 of the following subparagraph:

“(l) any income arising by way of annual payment or payments under section 6 of the Land Act, 1965 , in so far as such payment or payments does not or do not exceed £156 per year,”, and

(e) the substitution in Rule 4 of the following paragraphs for paragraphs (a), (b) and (c):

“(a) if there is one qualified child (and not more) normally residing with her—any means of the child (excluding any cash income derived from personal exertions) in so far as the means of the child do not exceed £26 per year,

(b) if there are two or more qualified children normally residing with her—any means of the children (excluding any cash income derived from personal exertions) in so far as the means of the children do not exceed £52 per year”.

Operative date of certain decisions in relation to unemployment assistance.

16.—(1) Where a person applies in the manner prescribed under the Acts for a qualification certificate under the Acts, and it is decided by a deciding officer or an appeals officer under the Acts that the person is entitled to hold a qualification certificate—

(a) the decision shall, for the purposes of the Acts, be deemed to have had effect as on and from the date of the making of the application or such subsequent date as may be appropriate, and

(b) the person shall, for the purposes of the Acts, be deemed to have been the holder of a qualification certificate as on and from the date on which the decision came into effect.

(2) The application for unemployment assistance of a person who becomes entitled to a qualification certificate may be deemed to have been made on the date from which the decision in relation to the application of the person for the certificate came into effect or such subsequent date as may be appropriate.

Qualified child for purposes of Children's Allowances (Amendment) Act, 1946.

17.—Notwithstanding the provisions of section 4 of the Children's Allowances (Amendment) Act, 1946 , a child who resides with his father while the father, being a member of the Defence Forces or the civil service of the Government or the State, is in the service, outside the State, of the State, the Government or an international organisation shall be a qualified child for the purposes of the Social Welfare (Children's Allowances) Acts, 1944 to 1963.

Rates of children's allowances in the case of certain multiple births.

18.—Notwithstanding anything contained in the Social Welfare (Children's Allowances) Acts, 1944 to 1963, the monthly allowance payable to a qualified person under those Acts in respect of a qualified child under those Acts whose birth was part of a multiple birth of three or more children of whom not less than three remain qualified shall be double the allowance that would have been payable if this section had not been enacted.

Short title, construction and collective citation.

19.—(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1965.

(2) This Act, in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1964, shall be construed as one therewith and may be cited together therewith as the Old Age Pensions Acts, 1908 to 1965, and in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1964, shall be construed as one therewith and may be cited together therewith as the Unemployment Assistance Acts, 1933 to 1965, and in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1964, shall be construed as one therewith and may be cited together therewith as the Widows' and Orphans' Pensions Acts, 1935 to 1965, and in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1963, shall be construed as one therewith and may be cited together therewith as the Social Welfare (Children's Allowances) Acts, 1944 to 1965, and in so far as it amends and extends the Social Welfare Acts, 1952 to 1964, shall be construed as one therewith and may be cited together therewith as the Social Welfare Acts, 1952 to 1965.