Social Welfare (Amendment) Act, 1960

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Number 25 of 1960.

SOCIAL WELFARE (AMENDMENT) ACT, 1960.

ARRANGEMENT OF SECTIONS

Number 25 of 1960.

SOCIAL WELFARE (AMENDMENT) ACT, 1960.

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1952 TO 1958, AND THE OLD AGE PENSIONS ACTS, 1908 TO 1959. [26th July, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—(1) In this Act—

“the Acts” means the Social Welfare Acts, 1952 to 1958;

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

“the Regulations of 1956” means the Social Welfare (Modifications of Insurance) Regulations, 1956 .

(2) References in this Act to any enactment shall, save where the context otherwise requires, be construed as references to that enactment as amended by any subsequent enactment including this Act.

Extension of section 3 of Principal Act (general provisions as to regulations).

2.—Section 3 (other than subsection (4) thereof) of the Principal Act shall be construed and have effect as if—

(a) references therein to a power to make regulations included references to any power to make regulations under this Act, and

(b) references therein to regulations included references to any regulations under this Act.

Amendment of section 6 of Principal Act (contributions generally).

3.—Section 6 of the Principal Act is hereby amended by the substitution for subsection (2) thereof of the following subsection:

“(2) Voluntary contributions shall be weekly contributions which shall be paid by voluntary contributors who are under pensionable age at the rate—

(a) in case they were, immediately before ceasing to be employed contributors, insured under this Act for the purposes only of widow's (contributory) pension and orphan's (contributory) allowance but of no other benefit, of two shillings and sixpence for a contribution week, and

(b) in case they were, immediately before ceasing to be employed contributors, insured under this Act for the purposes of widow's (contributory) pension and orphan's (contributory) allowance and of other benefits, of four shillings and ninepence for a contribution week,

in the case of both male voluntary contributors and of female voluntary contributors.”

Amendment of section 9 of Principal Act (return of sums paid in error by way of contributions).

4.—Section 9 of the Principal Act is hereby amended by the addition at the end thereof of “and of so much of any contribution paid by an employed contributor or a voluntary contributor whose entry into insurance occurred after he had attained the age of sixty as is determined in accordance with the regulations to have been paid in respect of old age (contributory) pension.”

Amendment of section 14 of Principal Act (descriptions and rates of benefit and contribution conditions).

5.—Section 14 of the Principal Act is hereby amended by the addition at the end of subsection (1) thereof of the following paragraph:

“(g) old age (contributory) pension (including benefit under subsection (3) of section 26 of this Act).”

Amendment of section 22 of Principal Act (widow's (contributory) pension).

6.—A widow's (contributory) pension (including any increase thereof) shall, subject to the provisions of the Acts, be payable after the widow attains pensionable age and, accordingly, section 22 of the Principal Act is hereby amended by the deletion in subsection (2) thereof of “or after she attains pensionable age”.

Old age (contributory) pension.

7.—The following section is hereby inserted after section 25 of the Principal Act:

“Old Age (Contributory) Pension.

25A. Subject to the provisions of this Act, a person shall be entitled to an old age (contributory) pension if he has attained pensionable age and satisfies the relevant contribution conditions.”

Amendment of section 26 of Principal Act (increase of benefit for adult dependants).

8.—Section 26 of the Principal Act is hereby amended by the addition thereto of the following subsections:

“(2) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (3) of Part I of the Third Schedule to this Act for any period during which—

(a) the beneficiary is living with or wholly or mainly maintaining his wife, or

(b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity,

and which is not a period in respect of which the spouse of the beneficiary is in receipt of old age (contributory) pension.

(3) (a) Subject to the provisions of the Acts and to the subsequent provisions of this subsection, on the death of a person to whom an old age (contributory) pension was payable at an increased weekly rate by virtue of this section in respect of a period ending on such death, the wife or husband, as the case may be, shall be entitled to benefit the weekly rate of which is equal to the amount of the increase of the weekly rate of the aforesaid old age (contributory) pension.

(b) Benefit under this subsection shall not be payable for any period after the remarriage of the person to whom it had been payable.

(c) A person shall be disqualified for receiving benefit under this subsection if and so long as the person and any other person are cohabiting as married persons.

(d) Where, but for the provisions of this paragraph, benefit under this subsection and widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts, 1935 to 1959, or widow's (contributory) pension or old age (contributory) pension would be payable to a person in respect of any period—

(i) benefit under this subsection shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of the pension, and

(ii) the pension shall not be payable in respect of that period unless the rate thereof is greater than the rate of benefit under this subsection.”

Amendment of section 27 of Principal Act (increase of benefit for qualified child or each of two qualified children).

9.—Section 27 of the Principal Act is hereby amended by—

(a) the insertion in subsection (1) thereof after “reside with the beneficiary” of “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”, and

(b) the insertion at the end of subsection (2) thereof (but not in paragraph (b)) of “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”.

Partial satisfaction of contribution conditions for old age (contributory) pension.

10.—The following section is hereby inserted after section 28 of the Principal Act:

“28A. (1) Subject to the provisions of this section, regulations made with the sanction of the Minister for Finance may provide for entitling to old age (contributory) pension persons who would be entitled thereto but for the fact that the relevant contribution conditions are not satisfied as respects the average number of contributions paid or credited per contribution year.

(2) Regulations for the purposes of this section shall provide that old age (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Third Schedule to this Act, and the rate specified by the regulations may vary with the extent to which the contribution conditions are satisfied, but any increase of benefit payable under subsection (2) of section 26 of this Act shall be the same as if the relevant contribution conditions had been fully satisfied.”

Amendment of section 37 of Principal Act (special provisions for voluntary contributors).

11.—Section 37 of the Principal Act is hereby amended by the insertion at the end of subsection (1) thereof of “and, if any voluntary contributions paid by him are at the rate specified in paragraph (a) of subsection (2) of section 6 of this Act, such contributions shall be disregarded in determining whether the contribution conditions for old age (contributory) pension are satisfied.”

Amendment of section 47 of Principal Act (administration of benefit).

12.—Section 47 of the Principal Act is hereby amended by the insertion in paragraph (b) of subsection (2) after “as respects” of “old age (contributory) pension,”.

Transitional provisions in relation to contribution conditions.

13.—The following section is hereby inserted after section 66 of the Principal Act:

“66A. (1) Contributions paid or credited under the Social Welfare Acts, 1952 to 1960, or paid, excused or deemed to be or treated as paid under the National Health Insurance Acts, 1911 to 1952 (other than contributions paid by or in respect of a person in respect of a period during which such person is or was employed mainly in one or more of the employments specified in subarticle (1) of Article 5 of the Social Welfare (Modifications of Insurance) Regulations, 1956 ) shall be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction of the contribution conditions for old age (contributory) pension.

(2) Regulations under subsection (1) of this section may also provide for modifications, in the case of persons who were insured under the National Health Insurance Acts, 1911 to 1952, or who were absent from the State before the commencement of section 13 of the Social Welfare (Amendment) Act, 1960, of any of the contribution conditions for old age (contributory) pension.

(3) Regulations under this section shall be subject to the sanction of the Minister for Finance.”

Amendment of Second Schedule to Principal Act (rates of employment contributions).

14.—(1) The Second Schedule to the Principal Act is hereby amended by—

(i) the insertion of “3A,” after “paragraphs 2, 3,” (inserted by the Regulations of 1956) in paragraph 1 thereof,

(ii) the substitution of “4s. 6d.” for “2s. 9d.” (inserted by the Act of 1956) and of “3s. 5d.” for “1s. 8d.” (inserted by the Act of 1956) in subparagraph (a) of the said paragraph 1,

(iii) the substitution of “4s. 6d.” for “2s. 9d.” (inserted by the Act of 1956) and of “4s. 2d.” for “2s. 5d.” (inserted by the Act of 1956) in subparagraph (b) of the said paragraph 1,

(iv) the substitution of “2s. 6d.” for “1s. 7d.” (inserted in both subparagraphs by the Act of 1956) in subparagraphs (a) and (b) of paragraph 2 thereof,

(v) the deletion in paragraph 3 thereof of “or domestic service” and the substitution of “1s. 9d.” for “11d.” (inserted by the Act of 1956) in subparagraph (a) of the said paragraph 3 and of “2s. 6d.” for “1s. 7d.” (inserted by the Act of 1956) in subparagraph (b) of the said paragraph 3,

(vi) the insertion after the said paragraph 3 of the following paragraph:

“3A. In case the employment is of a female employed contributor and is mainly in domestic service, there shall be special rate employment contributions as follows:

(vii) the substitution of “1s. 3d.” for “1s. 0d.” in subparagraphs (a) and (b) of paragraph 4 (inserted by the Regulations of 1956) thereof,

(viii) the substitution of “1s. 3d.” for “1s. 0d.” in subparagraph (b) of paragraph 5 (inserted by the Regulations of 1956) thereof,

(ix) the substitution of “2s. 9d.” for “1s. 0d.” in subparagraph (a) of paragraph 6 (inserted by the Regulations of 1956) thereof,

(x) the substitution of “4s. 2d.” for “2s. 5d.” in subparagraph (b) of the said paragraph 6,

(xi) the substitution of “2s. 9d.” for “1s. 0d.” in subparagraph (a) of paragraph 7 (inserted by the Regulations of 1956) thereof, and

(xii) the substitution of “3s. 3d.” for “1s. 6d.” in subparagraph (b) of the said paragraph 7.

(2) In this section “the Act of 1956” means the Social Welfare (Amendment) Act, 1956 .

Amendment of Third Schedule to Principal Act (rate or amount of benefit).

15.—The Third Schedule to the Principal Act is hereby amended by the substitution for Part I thereof of the following Part:

“Part I.

Rates of periodical benefits and of increases thereof.

”

Amendment of Fourth Schedule to Principal Act (contribution conditions).

16.—The Fourth Schedule to the Principal Act is hereby amended by—

(a) the insertion in paragraph 1 thereof after “paragraph 3” of “or 3A”,

(b) the substitution for the definition of “relevant time” in paragraph 4 thereof of the following definition: “relevant time” means—

(i) the date of the husband's attaining pensionable age or dying under that age, or

(ii) if the conditions are being satisfied on the widow's insurance record—

(I) the date of the husband's death, or

(II) if the widow attained pensionable age before the date of the husband's death, the date of the widow's attaining pensionable age,

and

(c) the addition at the end thereof of the following paragraph:

“6. Old age (contributory) pension.

The contribution conditions for an old age (contributory) pension are—

(a) that the claimant has entered insurance before attaining the age of sixty,

(b) that not less than one hundred and fifty-six employment contributions have been paid in respect of the claimant since his entry into insurance, and

(c) that the average per contribution year of the contributions paid in respect of or credited to the claimant in respect of the period beginning at the beginning of the contribution year in which the claimant's entry into insurance occurred and ending at the end of the last complete contribution year before the date of his attaining pensionable age is not less than forty-eight,

but employment contributions under paragraphs 4 and 5 (inserted by the Regulations of 1956) of the Second Schedule to this Act paid in respect of the claimant shall be disregarded in determining for the purposes of the foregoing conditions the number of contributions which have been paid in respect of the claimant.”

Special provision for existing voluntary contributors.

17.—(1) Where a person to whom this section applies is at the commencement of this section a voluntary contributor, he may, notwithstanding the provisions of subsection (2) (inserted by this Act) of section 6 of the Principal Act, elect in the prescribed manner and within the prescribed period to pay voluntary contributions either at the rate specified in paragraph (a) or at the rate specified in paragraph (b) of the said subsection (2).

(2) In this section “person to whom this section applies” means a person other than a person—

(a) who is employed mainly in one or more of the employments specified in subarticle (1) of Article 5 of the Regulations of 1956,

(b) who, immediately before ceasing to be an employed contributor, was insured under the Principal Act for the purposes only of widow's (contributory) pension and orphan's (contributory) allowance but of no other benefit, or

(c) who, having been a person to whom section 70 of the Principal Act applied, had, immediately before becoming insured voluntarily under the National Insurance Act, 1911, been insured only under the Widows' and Orphans' Pensions Acts, 1935 to 1952.

Power to modify or wind-up existing schemes and arrangements for the provision of superannuation and redundancy payments.

18.—(a) Any scheme or arrangement for the provision of pensions, compensation for redundancy or other benefits (including any scheme or arrangement established or provided by or under, or having statutory force by virtue of, any enactment and any scheme evidenced only by one or more policies of insurance) may be modified, and

(b) any such scheme or arrangement other than a scheme or arrangement for the provision of compensation for redundancy may be wound-up,

in connection with the establishment under the Acts of a system for the provision of old age (contributory) pensions either—

(i) by agreement between the different parties concerned in the scheme or arrangement, or

(ii) in accordance with regulations made, after consideration of any representations that may be made by the different parties concerned in the scheme or arrangement, by such Minister as may be determined by the Minister for Finance to be appropriate in relation to the scheme or arrangement or, if the Minister for Finance determines that there is no appropriate Minister, by the Minister for Industry and Commerce.

Overlapping benefits.

19.—(1) Where a person who has attained pensionable age and is in receipt of a pension under the Old Age Pensions Acts, 1908 to 1959, is awarded an old age (contributory) pension or a widow's (contributory) pension, any payment on foot of the first-mentioned pension in respect of a period in respect of which the old age (contributory) pension or the widow's (contributory) pension, as the case may be, is payable shall be treated as a payment on account of the old age (contributory) pension or the widow's (contributory) pension, as the case may be.

(2) Where a person who is in receipt of a pension under the Old Age Pensions Acts, 1908 to 1959, is a person in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of subsection (2) (inserted by this Act) of section 26 of the Principal Act, any payment on foot of the first-mentioned pension in respect of a period in respect of which the old age (contributory) pension is so increased shall be treated as a payment on account of the old age (contributory) pension.

Disqualifications for pensions under Old Age Pensions Acts, 1908 to 1959.

20.—(1) Receipt of old age (contributory) pension by a person shall be a disqualification for the receipt by that person of a pension under the Old Age Pensions Acts, 1908 to 1959.

(2) A person to whom benefit under subsection (3) (inserted by this Act) of section 26 of the Principal Act is payable or in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of subsection (2) of that section shall be disqualified, in respect of any period in respect of which the said benefit under the said subsection (3) is payable to him or the weekly rate of such pension payable to such other person is so increased, for receiving a pension under the Old Age Pensions Acts, 1908 to 1959.

(3) A person who has attained pensionable age and is in receipt of a widow's (contributory) pension shall be disqualified for receiving a pension under the Old Age Pensions Acts, 1908 to 1959 in respect of any period in respect of which she is in receipt of the widow's (contributory) pension.

Widow's (contributory) pension for certain widows of pensionable age before commencement of this section.

21.—A widow to whom a pension under the Old Age Pensions Acts, 1908 to 1959, is, by virtue of section 79 of the Principal Act—

(a) in course of payment immediately before the commencement of this section, or

(b) awarded after the commencement of this section in respect of a period ending immediately before the commencement of this section,

shall, subject to the provisions of the Acts, be entitled to widow's (contributory) pension as on and from the commencement of this section.

Power to remove difficulties.

22.—(1) If in any respect any difficulty arises in bringing into operation this Act or any amendment of the Acts or the Old Age Pensions Acts, 1908 to 1959, effected by this Act, the Minister may, subject to the sanction of the Minister for Finance, by order do anything which appears to be necessary or expedient for bringing this Act into operation, and any such order may modify the provisions of this Act so far as may appear necessary or expedient for carrying the order into effect.

(2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next twenty-one days on which such House has sat after the order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

(3) No order may be made under this section after the expiration of one year after the commencement of this section.

Repeals.

23.—Section 60 and, as respects entitlement to and payment of a pension, as therein provided, under the Old Age Pensions Acts, 1908 to 1959, in respect of any period commencing on or after the commencement of this section, section 79 of the Principal Act are hereby repealed.

Short title, construction, collective citation and commencement.

24.—(1) This Act may be cited as the Social Welfare (Amendment) Act, 1960.

(2) This Act, in so far as it amends and extends the Acts, shall be construed as one therewith and may be cited together therewith as the Social Welfare Acts, 1952 to 1960, and, in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1959, shall be construed as one therewith and may be cited together therewith as the Old Age Pensions Acts, 1908 to 1960.

(3) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular provision and different days may be so fixed for different provisions or for the same provision in relation to different cases or classes of case.