Social Welfare (Miscellaneous Provisions) Act, 1967

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Number 18 of 1967

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1967

ARRANGEMENT OF SECTIONS

Number 18 of 1967

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1967

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1966, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1966, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1966, AND THE SOCIAL WELFARE ACTS, 1952 TO 1966. [25th July, 1967]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—

Interpretation.

1.—In this Act—

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

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

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

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

“the Act of 1965” means the Social Welfare (Miscellaneous Provisions) Act, 1965 ;

“the Act of 1966” means the Social Welfare (Miscellaneous Provisions) Act, 1966 .

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 sixty-nine pounds” for “one hundred and fifty-six pounds” (inserted by the Act of 1965) in each place where it occurs in subsection (2) (inserted by the Act of 1964),

(b) the substitution of “one hundred and fifty-six pounds” for “one hundred and forty-three pounds” (inserted by the Act of 1965) in that subsection, and

(c) the substitution for the Table to that subsection (inserted by the Act of 1966) 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 sixty-nine pounds” for “one hundred and fifty-six pounds” (inserted by the Act of 1965).

(3) Subsections (1) and (2) of this section shall come into operation on the 4th day of August, 1967.

Increase of rates of unemployment assistance.

3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1966), there is hereby substituted the following :

“SCHEDULE

Rates of Unemployment Assistance

”

(2) Subsection (1) of this section shall come into operation on the 2nd day of August, 1967.

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

4.—(1) Section 20 (inserted by the Act of 1952) of the Widows' and Orphans' Pensions Act, 1935 , is hereby amended by—

(a) 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 1965) in paragraph (b) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1962 ) of subsection (1),

(b) the substitution of “two hundred and thirty-four pounds and fifteen shillings” for “two hundred and twenty-one pounds and fifteen shillings” (inserted by the Act of 1965) in subparagraph (i) of the said paragraph (b),

(c) 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 1965), “two hundred and twenty-one pounds and fifteen shillings” for “two hundred and eight pounds and fifteen shillings” (inserted by the Act of 1965) and “two hundred and eight pounds, fifteen shillings and one penny” for “one hundred and ninety-five pounds, fifteen shillings and one penny” (inserted by the Act of 1965) in subparagraph (ii) of the said paragraph (b), and

(d) the substitution for Table B (inserted by the Act of 1966) 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 4th day of August, 1967.

Extension of period of unemployment benefit.

5.—(1) Section 16 (2) of the Act of 1952 shall, in respect of a person who is over the age of eighteen years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “three hundred and twelve days” were substituted for “one hundred and fifty-six days”.

(2) Subject to subsection (3) of this section—

(a) the weekly rate of unemployment benefit payable in respect of any person of a class mentioned in column (1) of the Table to this subsection after the one hundred and fifty-sixth day for which that person has been entitled to that benefit shall be the rate specified in column (2) of that Table opposite the mention of a person of that class in the said column (1), and

(b) any increase by virtue of section 26 or 27 of the Act of 1952 of the rate of such benefit payable as aforesaid shall, in lieu of being at the rate specified in column (3), (4) or (5) of Part I of the Third Schedule to the Act of 1952, be at the corresponding rate specified in column (3), (4) or (5), as the case may be, of the Table to this subsection.

TABLE

(3) Subsection (2) of this section does not apply in relation to—

(a) a person over sixty-five years of age in respect of whom not less than one hundred and fifty-six employment contributionshave been paid in respect of the period between his entry into insurance and the day for which unemployment benefit is claimed, or

(b) a person in respect of whom not less than two hundred and eighty employment contributions (not being employment contributions which in relation to unemployment benefit are disregarded under paragraph 1 of the Fourth Schedule to the Act of 1952) have been paid in respect of the period of seven complete contribution years immediately preceding the day in respect of which unemployment benefit is claimed and the portion (if any) of the contribution year then current ending on that day.

(4) Where a person entitled to unemployment benefit for three hundred and twelve days has exhausted his right to that benefit—

(a) he shall requalify therefor when thirteen employment contributions have been paid in respect of him in respect of contribution weeks begun or ended since the one hundred and fifty-sixth day for which he was entitled to that benefit,

(b) on his requalifying therefor, section 16 (2) of the Act of 1952, as amended by this section, shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.

(5) Subsections (1) to (4) of this section shall come into operation on the 1st day of January, 1968.

Amendment of section 6 of Act of 1952.

6.—(1) Section 6 (2) (inserted by the Act of 1960) of the Act of 1952 is hereby amended by—

(a) the substitution of “four shillings and one penny” for “three shillings and ninepence” (inserted by the Act of 1966) in paragraph (a), and

(b) the substitution of “eight shillings and twopence” for “seven shillings and fivepence” (inserted by the Act of 1966) in paragraph (b).

(2) Subsection (1) of this section shall come into operation on the 1st day of January, 1968.

Amendment of section 12 of Act of 1952.

7.—Section 12 (1) of the Act of 1952 is hereby amended by the insertion after paragraph (b) of the following paragraph:

“(bb) persons employed as teachers in comprehensive schools established by the Minister for Education, or”.

Amendment of section 17 of Act of 1952.

8.—Section 17 of the Act of 1952 is hereby amended by—

(a) the addition to subsection (2) of the following proviso :

“Provided that the foregoing provisions of this subsection shall not apply to a person who—

(a) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and

(b) does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.”,

and

(b) the insertion in subsection (4), after paragraph (b), of the following paragraph:

“(bb) he has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle Oiliúna as suitable in his case, or”.

Amendment of Second Schedule to Act of 1952.

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

(i) the substitution of “9s. 0d.” for “7s. 5d.” (inserted by the Act of 1966) and “7s. 11d.” for “6s. 4d.” (inserted by the Act of 1966) in paragraph 1 (a),

(ii) the substitution of “9s. 0d.” for “7s. 5d.” (inserted by the Act of 1966) and “8s. 8d.” for “7s. 1d.” (inserted by the Act of 1966) in paragraph 1 (b),

(iii) the substitution of “6s. 9d.” for “5s. 2d” (inserted in both subparagraphs by the Act of 1966) in paragraph 2 (a) and (b),

(iv) the substitution of “5s. 5d.” for “4s. 5d.” in paragraph 2A (a) (inserted by the Act of 1966) and “6s. 6d.” for “5s. 6d.” in paragraph 2A (b) (inserted by the Act of 1966),

(v) the substitution of “4s. 8d.” for “4s. 0d.” (inserted by the Act of 1966) in paragraph 3 (a) and “5s. 7d.” for “4s. 11d.” (inserted by the Act of 1966) in paragraph 3 (b),

(vi) the substitution of “6s. 2d.” for “5s. 2d.” (inserted by the Act of 1966) in paragraph 3A (a) (inserted by the Act of 1960) and “7s. 3d.” for “6s. 3d.” (inserted by the Act of 1966) in paragraph 3A (b),

(vii) the substitution of “2s. 0d.” for “1s. 10d.” (inserted by the Act of 1966) in paragraph 4 (a) (inserted by the Regulations of 1956) and “2s. 1d.” for “1s. 11d.” (inserted by the Act of of 1966) in paragraph 4 (b),

(viii) the substitution of “2s. 0d.” for “1s. 10d.” (inserted by the Act of 1966) in paragraph 5 (b) (inserted by the Regulations of 1956),

(ix) the substitution of “7s. 3d.” for “5s. 8d.” (inserted by the Act of 1966) in paragraph 6 (a) (inserted by the Regulations of 1956) and “8s. 8d.” for “7s. 1d.” (inserted by the Act of 1966) in paragraph 6 (b), and

(x) the substitution of “7s. 3d.” for “5s. 8d.” (inserted by the Act of 1966) in paragraph 7 (a) (inserted by the Regulations of 1956) and “7s. 9d.” for “6s. 2d.” (inserted by the Act of 1966) in paragraph 7 (b).

(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 1st day of January, 1968.

Amendment of Third Schedule to Act of 1952.

10.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1965) of the following Part :

“PART I

Rates of Periodical Benefits and of Increases Thereof

”

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

(a) in so far as it relates to disability benefit, unemployment benefit and maternity allowance on the 1st day of January, 1968, and

(b) in so far as it relates to widow's (contributory) pension, orphan's (contributory) allowance and old age (contributory) pension on the 5th day of January, 1968.

Amendment of Fourth Schedule to Act of 1952.

11.—Where a person becomes an employed contributor by virtue of section 36 (1) of the Social Welfare (Occupational Injuries) Act, 1966 , and would not, apart from that section, be an employed contributor, his entry into insurance by virtue of that section shall be deemed not to be an entry into insurance for the purposes of paragraphs 4 and 6 (inserted by the Act of 1960) of the Fourth Schedule to the Act of 1952 and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of section 4 of the Act of 1952.

Amendment of Seventh Schedule to Act of 1952.

12.—The Seventh Schedule to the Act of 1952 is hereby amended by the insertion in Rule 1 (II) after subparagraph (l) (inserted by the Act of 1965) of the following subparagraph :

“(m) any moneys received under a statutory scheme administered by the Minister for Labour in respect of redundancy or by way of financial assistance to unemployed persons changing residence,”.

Amendment of section 13 of Act of 1933.

13.—Section 13 (1) of the Act of 1933 is hereby amended by the insertion in paragraph (b) after subparagraph (xii) (inserted by the Act of 1964) of the following subparagraph :

“(xiii) any moneys received under a statutory scheme administered by the Minister for Labour in respect of redundancy or by way of financial assistance to unemployed persons changing residence,”.

Repeal of section 15 (1)(e) of Act of 1933.

14.—Paragraph (e) (inserted by the Unemployment Assistance (Amendment) Act, 1940 ) of section 15 (1) of the Act of 1933 is hereby repealed.

Amendment of section 16 of Act of 1933.

15.—Section 16 of the Act of 1933 is hereby amended by—

(a) the addition to the first paragraph of subsection (5) of the following proviso:

“Provided that the foregoing provisions of this subsection shall not apply to a person who—

(a) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and

(b) does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.”,

(b) the insertion in subsection (2) (inserted by the Social Welfare Act, 1948 ) after “just cause” of “or who without good cause refuses or fails to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle Oiliúna as suitable in his case ”, and

(c) the addition to the said subsection (2) after “left his employment” of “or so refused or failed ”.

Extension of Social Welfare (Occupational Injuries) Act, 1966.

16.—A person who is unemployed shall, while in attendance at a course of training provided or approved of by An Chomhairle Oiliúna, be deemed for the purposes of the Social Welfare (Occupational Injuries) Act, 1966 , to be in insurable (occupational injuries) employment and to be employed by An Chomhairle Oiliúna.

Short title, construction and collective citation.

17.—(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1967.

(2) This Act, in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1966, shall be construed as one therewith and may be cited together therewith as the Old Age Pensions Acts, 1908 to 1967, and in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1966, shall be construed as one therewith and may be cited together therewith as the Unemployment Assistance Acts, 1933 to 1967, and in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1966, shall be construed as one therewith and may be cited together therewith as the Widows' and Orphans' Pensions Acts, 1935 to 1967, and in so far as it amends and extends the Social Welfare Acts, 1952 to 1966, shall be construed as one therewith and may be cited together therewith as the Social Welfare Acts, 1952 to 1967.