Social Welfare Act, 1980
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Widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (new rates and extension of means limits). |
9.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended— | |
(a) by the substitution for subsection (1) (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following subsection: | ||
“(1) (a) The rate (in this section referred to as the scheduled rate) of widow's (non-contributory) 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 the Social Welfare Act, 1952 , increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the widow. | ||
(b) A widow's (non-contributory) 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 the 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 (8) (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following subsection: | ||
“(8) The rate of widow's (non-contributory) pension payable in accordance with subsection (1) 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 the Social Welfare Act, 1952 , for any period during which— | ||
(i) the widow has attained pensionable age (within the meaning of section 2 (1) of the latter Act) and is so incapacitated as to require full-time care and attention, | ||
(ii) there is residing with the widow for the purpose of providing that care and attention a prescribed relative of the widow, 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 77 (5) (inserted by the Social Welfare Act, 1980) or section 26 (4) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1968 ) of the Social Welfare Act, 1952 , in respect of any prescribed relative, | ||
(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 (within the meaning of section 2 (1) of the latter Act) 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.”. | ||
(2) This section shall come into operation— | ||
(a) in so far as it relates to deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance, on the 3rd day of April, 1980, and | ||
(b) in so far as it relates to widow's (non-contributory) pension, on the 4th day of April, 1980. |