Social Welfare Act, 1996

Amendments consequential on section 13 and repeal.

15.—(1) The Principal Act is hereby amended by—

(a) the insertion in section 118 (1) after paragraph (j) of the following paragraph:

“(k) disability allowance.”, and

(b) the insertion in Part I of the Fourth Schedule (inserted by section 4 of this Act) after the rate of assistance contained at reference 8 of the following rates:

“9.

Disability Allowance

64.50

38.50

13.20

—”.

(2) Section 210 of the Principal Act is hereby amended by—

(a) the insertion in the definition of “benefit” in subsection (1) (as amended by section 13 of the Act of 1994) after paragraph (k) of the following paragraph:

“(kk) disability allowance,”,

(b) the substitution in paragraph (a) of subsection (2) for “to (k)” of “to(kk)”, and

(c) the substitution in paragraph (c) (inserted by section 26 of the Act of 1994) of subsection (2) for “and (k)” of “to (kk)”.

(3) (a) Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by—

(i) the insertion in paragraph (1)(as amended by section 23 of the Act of 1995) before “other than in such circumstances” of “subject to paragraph (1A),” and

(ii) the insertion after paragraph (1) of the following paragraph:

“(1A) In the application of paragraph (1) for the purposes of disability allowance, the yearly value of the property shall be calculated as follows:

(a) the first £2,000 of the capital value of the property shall be excluded,

(b) the yearly value of the next £20,000 of the capital value of the property shall be assessed at 7.5 per cent., and

(c) the yearly value of so much of the capital value of the property as exceeds £22,000 shall be assessed at 15 per cent.”.

(b) Paragraph (2)(as amended by section 23 of this Act) of Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by—

(i) the insertion in subparagraphs (a) and (s) before “all moneys” of “other than in the case of disability allowance,”,

(ii) the insertion in subparagraph (q) (inserted by section 11 of the No. 2 Act of 1995) before “any moneys” of “other than in the case of disability allowance,”,

(iii) the insertion in subparagraph (m) before “such amount” of “other than in the case of disability allowance,”,

(iv) the insertion in subparagraph (p) before “such income” of “other than in the case of disability allowance,”, and

(v) the insertion after subparagraph (s) of the following subparagraph:

“(t) in the case of disability allowance—

(i) any sums received by way of assistance in the maintenance at home of handicapped children under section 61 of the Health Act, 1970 and known as domiciliary care allowance,

(ii) such amount as may be prescribed of earnings from employment of a rehabilitative nature,

(iii) such amount as may be prescribed of all moneys earned by his spouse from insurable employment, and

(iv) such other income as may be prescribed;”.

(c) Paragraph (4) of Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by the substitution for “receipt of unemployment assistance” of “receipt of disability allowance, unemployment assistance”.

(d) Paragraph (5) of Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by the insertion before “the yearly value” of “other than in the case of disability allowance,”.

(4) Each provision of the Principal Act mentioned in column (1) of Schedule D to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(5) Section 69 of the Health Act, 1970 , is hereby repealed.