Social Welfare Act, 1992

Integration of single woman's allowance scheme with preretirement allowance scheme.

37.—(1) The Principal Act is hereby amended by the repeal of—

(a) paragraph (i) of section 134 (1), and

(b) section 198.

(2) Notwithstanding Chapter 2A of Part III of the Principal Act and regulations made thereunder, where, immediately before the day appointed for the commencement of this section, a woman, who has not attained pensionable age, is in receipt of single woman's allowance by virtue of section 198 of the Principal Act, pre-retirement allowance shall be payable to her from the day so appointed at the same rate as the said single woman's allowance which is payable to her immediately before the day so appointed:

Provided that she continues to satisfy the conditions as to means prescribed for the purposes of Chapter 2A of Part III of that Act.

(3) For the purposes of subsection (2) a woman who is in receipt of single woman's allowance immediately before the day appointed for the commencement of this section shall be deemed—

(a) to be retired within the meaning of regulations made for the purposes of section 156C (2) (c) of the Principal Act, and

(b) to have complied with the requirement contained in section 156A (b) of that Act.

(4) Any decision made by a deciding officer or by an appeals officer in relation to the award of a single woman's allowance to a woman prior to the day appointed for the commencement of this section shall be deemed to be a decision to award pre-retirement allowance to such person on and from such appointed day.

(5) Where, immediately before the day appointed for the commencement of this section, a woman has applied for a single woman's allowance, and that application has not been finally determined, preretirement allowance shall be payable to her at the same rate as the single woman's allowance which, but for this section, would have been payable to her.

(6) Where, on the commencement of this section, a single woman is of or over the age of 56 years and under the age of 58 years, she shall, if she has not already qualified for pre-retirement allowance, be deemed for the purposes of the pre-retirement allowance—

(a) to be retired within the meaning of regulations made for the purposes of section 156C (2) (c) of the Principal Act, and

(b) to have complied with the requirement contained in section 156A (b) of that Act,

when she attains the age of 58 years.

(7) This section shall come into operation on such day as the Minister may appoint by order.