Social Welfare Act, 1980

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Old age pensions (new rates and extension of means limits).

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

(a) by the substitution for subsection (2) (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following subsection:

“(2) (a) The rate (in this section referred to as the scheduled rate) of pension shall be the weekly rate, set out in column (2) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980) to this Act, increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

(b) A pension shall be payable—

(i) where the weekly means of the claimant or pensioner do not exceed £6, at the scheduled rate, and

(ii) where such weekly means exceed £6, at the scheduled rate reduced by the amount set out in column (2) of Part II of the said Eighth Schedule for each amount (if any) of £1 by which those weekly means exceed £6, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this subparagraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

(c) For the purposes of this section weekly means shall be the yearly means divided by 52.”;

and

(b) by the substitution for subsection (5) (inserted by the Act of 1969) and subsection (6) (inserted by the Act of 1977) of the following subsections:

“(5) The rate of pension payable in accordance with subsection (2) of this section shall be increased—

(a) by the amount set out in column (6) of Part I of the Eighth Schedule (inserted by the Social Welfare Act, 1980) to this Act for any period during which—

(i) the pensioner is so incapacitated as to require full-time care and attention,

(ii) there is residing with the pensioner for the purpose of providing that care and attention a prescribed relative of the pensioner, and

(iii) such conditions as may be prescribed are fulfilled,

provided that not more than one increase of pension shall be payable under this paragraph or under section 20 (8) (inserted by the Social Welfare Act, 1980) of the Widows' and Orphans' Pensions Act, 1935 , or section 26 (4) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1968 ) of this Act in respect of any prescribed relative, and

(b) by the amount set out in column (7) of Part I of the said Eighth Schedule where the person entitled to the pension has attained pensionable age and is living alone, and

(c) by the amount set out in column (8) of Part I of the said Eighth Schedule where the pensioner has attained the age of 80 years, and

(d) by the amount calculated in accordance with Part III of the said Eighth Schedule where the pensioner is one of a married couple—

(i) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of pension under the Acts or any benefit, pension or allowance under the Social Welfare Acts, 1952 to 1980, or

(ii) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of pension under the Acts or any benefit, pension or allowance under the Social Welfare Acts, 1952 to 1980.

(6) An application for an increase under subsection (5) (a) of this section shall be decided by a deciding officer appointed by the Minister under section 41 of this Act.”.

(2) Section 8 of the Old Age Pensions Act, 1924 , is hereby amended by the substitution for subsection (1) (inserted by the Act of 1977) of the following subsection:

“(1) It shall be a statutory condition for the receipt by any person of a pension under the Old Age Pensions Acts, 1908 to 1980, that the person must satisfy the pension authorities that his means as calculated under those Acts do not exceed the appropriate highest amount of means at which pension may be paid to that person under section 77 (2) (inserted by the Social Welfare Act, 1980) of the Social Welfare Act, 1952 .”.

(3) This section shall come into operation on the 4th day of April, 1980.