Social Welfare (Miscellaneous Provisions) Act, 1969

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Number 19 of 1969

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1969

ARRANGEMENT OF SECTIONS

Number 19 of 1969

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1969

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1968, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1968, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1968, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1966, AND THE SOCIAL WELFARE ACTS, 1952 TO 1968. [25th July, 1969]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—In this Act—

“the Act of 1933” means the Unemployment Assistance Act, 1933 ;

“the Act of 1935” means the Widows' and Orphans' Pensions Act, 1935 ;

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

“the Act of 1960” means the Social Welfare (Amendment) Act, 1960 ;

“the Act of 1964” means the Social Welfare (Miscellaneous Provisions) Act, 1964 ;

“the Act of 1965” means the Social Welfare (Miscellaneous Provisions) Act, 1965 ;

“the Act of 1966” means the Social Welfare (Miscellaneous Provisions) Act, 1966 ;

“the Act of 1967” means the Social Welfare (Miscellaneous Provisions) Act, 1967 ;

“the Act of 1968” means the Social Welfare (Miscellaneous Provisions) Act, 1968 .

Increase of rates of old age pensions.

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

(a) the substitution of “two hundred and twenty-one pounds” for “one hundred and ninety-five pounds” (inserted by the Act of 1968) in each place where it occurs in subsection (2) (inserted by the Act of 1964),

(b) the substitution of “two hundred and eight pounds” for “one hundred and eighty-two pounds” (inserted by the Act of 1968) in that subsection,

(c) the substitution for the Table to that subsection (inserted by the Act of 1968) of the Table annexed to this subsection, and

(d) the substitution of “fifty-five shillings” for “forty-five shillings” in paragraph (a) of the subsection added by the Act of 1968.

TABLE

Rate of pension

(2) Section 8 of the Old Age Pensions Act, 1924 , is hereby amended by the substitution in subsection (1) of “two hundred and twenty-one pounds” for “one hundred and ninety-five pounds” (inserted by the Act of 1968).

(3) Subsections (1) and (2) of this section shall come into operation on the 1st day of August, 1969.

Increase of rates of unemployment assistance.

3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1968) there is hereby substituted the Schedule annexed to this subsection.

SCHEDULE

RATES OF UNEMPLOYMENT ASSISTANCE

(2) Subsection (1) of this section shall come into operation on the 30th day of July, 1969.

Increase of certain rates of unemployment benefit.

4.—(1) In the Table to section 5 (2) of the Act of 1967, for the rates set forth therein (inserted by the Act of 1968) there are hereby substituted the rates set forth in the Table annexed to this subsection.

TABLE

(2) Subsection (1) of this section shall come into operation on the 31st day of July, 1969.

Increase of rates of widows' (non-contributory) pensions.

5.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended—

(a) by the substitution for paragraph (b) of subsection (1) (inserted by the Act of 1968) of the following paragraph:

“(b) (i) where the yearly means of the widow as duly calculated do not exceed two hundred and eight pounds and fifteen shillings, at the rate set forth in Table B to this subsection, and

(ii) where the yearly means of the widow as duly calculated exceed two hundred and eight pounds and fifteen shillings, at the rate at which the pension would be payable if the yearly means of the widow as duly calculated exceeded one hundred and ninety-five pounds and fifteen shillings but did not exceed two hundred and eight pounds and fifteen shillings, less five shillings for each amount (if any) of thirteen pounds by which the said yearly means exceed two hundred and eight pounds and fifteen shillings, any fraction of thirteen pounds being treated for this purpose as thirteen pounds; provided that if the rate calculated pursuant to this paragraph, at which, but for this provision, the pension would be payable is less than six shillings a week, the pension shall not be payable”,

and

(b) the substitution for Table B (inserted by the Act of 1968) of the Table annexed to this subsection.

TABLE B

Weekly Rates of Widows' (Non-Contributory) Pensions

(2) Subsection (1) of this section shall come into operation on the 1st day of August, 1969.

Increase of rates of orphans' (non-contributory) pensions.

6.—(1) In the Table to section 25 (inserted by section 106 of the Act of 1952) of the Act of 1935, for the rates (inserted by the Act of 1968) set forth therein there are hereby substituted the rates set forth in the Table annexed to this subsection.

TABLE

Weekly Rates of Orphans' (Non-Contributory) Pensions

(2) Subsection (1) of this section shall come into operation on the 1st day of August, 1969.

Increase of rates of children's allowances.

7.—(1) Section 6 of the Children's Allowances (Amendment) Act, 1946 , is hereby amended by the substitution in paragraph (ii) of subsection (1) (inserted by section 6 of the Social Welfare (Miscellaneous Provisions) Act, 1963 ) of “thirty shillings” for “fifteen shillings and sixpence” and of “forty shillings” for “twenty-six shillings and sixpence”.

(2) Subsection (1) of this section shall come into operation on the 1st day of August, 1969.

Grant of children's allowance in respect of three or more children in case of multiple birth.

8.—(1) A person who is found to be qualified for a children's allowance under the Social Welfare (Children's Allowances) Acts, 1944 to 1966, shall, subject to the provisions of those Acts and of the regulations made thereunder, be paid children's allowances by way of a grant in respect of three or more qualified children where the birth of each of them was part of the same multiple birth and the amount of the grant shall be one hundred pounds if such qualified children are three in number and one hundred and fifty pounds if they exceed three in number.

(2) A grant under this section shall become payable on the date of birth of the last-born of the qualified children of the multiple birth.

(3) Payment of a grant under this section shall be in addition to any children's allowance payable by way of a monthly allowance under the Social Welfare (Children's Allowances) Acts, 1944 to 1966, in respect of the children concerned.

(4) Subsections (1) to (3) of this section shall come into operation on the 1st day of August, 1969.

Extension of “qualified child” (pensions payable in the case of widows and orphans).

9.—(1) Subsection (1) of section 3 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by the substitution for paragraph (a) of the definition of “qualified child” of the following paragraph:

“(a) either is under the age of sixteen years or, if over that age, is under the age of twenty-one years and receiving full-time instruction by day at any university, college, school or other educational establishment,”.

(2) Subsection (2B) (inserted by the Act of 1966) of section 77 of the Act of 1952 is hereby amended by the insertion at the end of the subsection of “and, in relation to a claimant or pensioner who is a widow, shall be deemed to include a person over the age of sixteen years and under the age of twenty-one years who is receiving full-time instruction by day at any university, college, school or other educational establishment and in respect of whom, if he were under the age of sixteen years, the claimant or pensioner would be entitled as aforesaid”.

(3) In determining the weekly rate of a widow's (contributory) pension or an old age (contributory) pension payable under the Social Welfare Acts, 1952 to 1968, to a widow, and in deciding whether an orphan's (contributory) allowance under those Acts is payable, a person over the age of sixteen years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of twenty-one years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

(4) Subsections (1) to (3) of this section shall come into operation on the 1st day of August, 1969.

Amendment of Third Schedule to Act of 1952.

10.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1968) of the Part annexed to this subsection.

PART I

Rates of Periodical Benefits and of Increases Thereof

(2) Subsection (1) of this section shall come into operation—

(a) in so far as it relates to disability benefit, unemployment benefit and maternity allowance, on the 5th day of January, 1970, and

(b) in so far as it relates to widow's (contributory) pension, orphan's (contributory) allowance and old age (contributory) pension, on the 2nd day of January, 1970.

Amendment of Second Schedule to Act of 1952.

11.—(1) The Second Schedule to the Act of 1952 is hereby amended by—

(a) the substitution of “12s. 6d.” for “10s. 8d.” (inserted by the Act of 1968) and “11s. 5d.” for “9s. 7d.” (inserted by the Act of 1968) in paragraph 1 (a),

(b) the substitution of “12s. 7d.” for “10s. 8d.” (inserted by the Act of 1968) and “12s. 3d.” for “10s. 4d.” (inserted by the Act of 1968) in paragraph 1 (b),

(c) the substitution in paragraph 2 of “10s. 3d.” for “8s. 5d.” (inserted by the Act of 1968) in subparagraph (a) and “10s. 4d.” for “8s. 5d.” (inserted by the Act of 1968) in subparagraph (b),

(d) the substitution in paragraph 2A (inserted by the Act of 1966) of “8s. 3d.” for “6s. 8d.” (inserted by the Act of 1968) in subparagraph (a) and “9s. 5d.” for “7s. 10d.” (inserted by the Act of 1968) in subparagraph (b),

(e) the substitution of “7s. 4d.” for “5s. 10d.” (inserted by the Act of 1968) in paragraph 3 (a) and “8s. 4d.” for “6s, 10d.” (inserted by the Act of 1968) in paragraph 3 (b),

(f) the substitution in paragraph 3A (inserted by the Act of 1960) of “9s. 0d.” for “7s. 5d.” (inserted by the Act of 1968) in subparagraph (a) and “10s. 2d.” for “8s. 7d.” (inserted by the Act of 1968) in subparagraph (b),

(g) the substitution in paragraph 4 (inserted by the Regulations of 1956) of “2s. 7d.” for “2s. 3d.” (inserted by the Act of 1968) in subparagraph (a) and “2s. 8d.” for “2s. 4d.” (inserted by the Act of 1968) in subparagraph (b),

(h) the substitution of “2s. 7d.” for “2s. 3d.” (inserted by the Act of 1968) in paragraph 5 (b) (inserted by the Regulations of 1956),

(i) the substitution in paragraph 6 (inserted by the Regulations of 1956) of “10s. 9d.” for “8s. 11d.” (inserted by the Act of 1968) in subparagraph (a) and “12s. 3d.” for “10s. 4d.” (inserted by the Act of 1968) in subparagraph (b), and

(j) the substitution in paragraph 7 (inserted by the Regulations of 1956) of “10s. 9d.” for “8s. 11d.” (inserted by the Act of 1968) in subparagraph (a) and “11s. 4d.” for “9s. 5d.” (inserted by the Act of 1968) in subparagraph (b).

(2) In the foregoing subsection “the Regulations of 1956” means the Social Welfare (Modifications of Insurance) Regulations, 1956.

(3) Subsections (1) and (2) of this section shall come into operation on the 5th day of January, 1970.

Amendment of section 6 of Act of 1952.

12.—(1) Section 6 (2) (inserted by the Act of 1960) of the Act of 1952 is hereby amended by—

(a) the substitution of “five shillings and threepence” for “four shillings and sevenpence” (inserted by the Act of 1968) in paragraph (a) and

(b) the substitution of “ten shillings and tenpence” for “nine shillings and fourpence” (inserted by the Act of 1968) in paragraph (b).

(2) Subsection (1) of this section shall come into operation on the 5th day of January, 1970.

Amendment of Social Welfare (Occupational Injuries) Act, 1966.

13.—(1) The Social Welfare (Occupational Injuries) Act, 1966 , is hereby amended as follows:

(a) in section 8 (3) (a) “eighty-seven shillings and sixpence” shall be substituted for “seventy-seven shillings and sixpence”,

(b) in section 8 (3) (b) “one hundred and twenty-five shillings” shall be substituted for “one hundred and fifteen shillings”,

(c) in section 9 (7) (a) “four hundred and twenty pounds” shall be substituted for “three hundred and eighty pounds”,

(d) in TABLE I annexed to section 9 (8) “125s. 0d.” shall be substituted for “115s. 0d.”, “112s. 6d.” for “103s. 6d.”, “100s. 0d.” for “92s. 0d.”, “87s. 6d.” for “80s. 6d.”, “75s. 0d.” for “69s. 0d.”, “62s. 6d.” for “57s. 6d.”, “50s. 0d.” for “46s. 0d.”, “37s. 6d.” for “34s. 6d.” and “25s. 0d.” for “23s. 0d.”,

(e) in TABLE II annexed to section 9 (8) “87s. 6d.” shall be substituted for “77s. 6d.”, “78s. 9d.” for “69s. 9d.”, “70s. 0d.” for “62s. 0d.”, “61s. 3d.” for “54s. 3d.”, “52s. 6d.” for “46s. 6d.”, “43s. 9d.” for “38s. 9d.”, “35s. 0d.” for “31s. 0d.”, “26s. 3d.” for “23s. 3d.” and “17s. 6d.” for “15s. 6d.”,

(f) in section 9 (9) (b) (ii) “25s. 0d.” shall be substituted for “23s. 0d.” and “17s. 6d.” for “15s. 6d.”,

(g) in section 10 (1) “sixty-two shillings and sixpence” shall be substituted for “fifty-two shillings and sixpence” (inserted by the Act of 1968),

(h) in section 12 (1) (a) “sixty-two shillings and sixpence” shall be substituted for “fifty-two shillings and sixpence” (inserted by the Act of 1968),

(i) in section 12 (1) (b) “seventy-five shillings” shall be substituted for “sixty-five shillings” (inserted by the Act of 1968),

(j) in section 15 (1) (a) (i) “eighty-seven shillings and sixpence” shall be substituted for “seventy-seven shillings and sixpence”,

(k) in section 15 (1) (a) (ii) “one hundred and twenty-five shillings” shall be substituted for “one hundred and fifteen shillings”,

(l) in section 17 (2) “one hundred and five shillings” shall be substituted for “ninety-five shillings”,

(m) in section 18 (2) “one hundred and five shillings” shall be substituted for “ninety-five shillings”,

(n) in section 18 (3) “two hundred and seventy-five pounds” shall be substituted for “two hundred and forty-seven pounds”,

(o) in section 20 (2) “thirty-four shillings” shall be substituted for “twenty-four shillings”,

(p) in section 20 (3) (a) “one hundred and five shillings” shall be substituted for “ninety-five shillings” and “thirty-four shillings” for “twenty-four shillings”,

(q) in section 20 (3) (b) “one hundred and five shillings” shall be substituted for “ninety-five shillings”,

(r) in section 20 (3) (c) “thirty-four shillings” shall be substituted for “twenty-four shillings” and “one hundred and five shillings” for “ninety-five shillings” both before “under paragraph (a)” and before “in any other case”,

(s) in section 20 (4) “one hundred and five shillings” shall be substituted for “ninety-five shillings” in each place where it occurs and “thirty-four shillings” shall be substituted for “twenty-four shillings” in each place where it occurs,

(t) in section 21 (2) “fifty-seven shillings and sixpence” shall be substituted for “forty-seven shillings and sixpence”,

(u) in section 25 (3) (a) “seventeen shillings and sixpence” shall be substituted for “fifteen shillings and sixpence”,

(v) in section 25 (3) (b) “twenty-five shillings” shall be substituted for “twenty-three shillings”,

(w) in section 36 (2) (b) “2s. 2d.” shall be substituted for “2s. 1d.” and “1s. 7d.” for “1s. 6d.”,

(x) in section 36 (3) “2s. 2d.” shall be substituted for “2s. 1d.” and “1s. 7d.” for “1s. 6d.”.

(2) For the purposes of sections 19 and 21 of the Social Welfare (Occupational Injuries) Act, 1966 , a person who is ordinarily resident in the State, who is not under the age of eighteen but is under the age of twenty-one and who is undergoing full-time instruction by day at any university, college, school or other educational establishment shall be deemed to be included in the persons coming within the definition of “child qualified for the purposes of this Act” contained in section 1 (1) of that Act.

(3) (a) Subsection (1) of this section shall come into operation

(i) in so far as it relates to paragraphs (l) to (t) on the 2nd day of January, 1970, and

(ii) in so far as it relates to the remaining paragraphs on the 5th day of January, 1970.

(b) Subsection (2) of this section shall come into operation on the 1st day of August, 1969.

Restriction of section 13 of Act of 1966 and of certain regulations under section 32 of Act of 1952.

14.—(1) Section 13 of the Act of 1966 shall not during the relevant period operate to permit a person to receive a non-contributory old age pension in respect of that period or any part thereof solely because, by virtue of the increases in the rates of such pension under section 2 of this Act, the rate of such pension payable to that person would be greater than the rate of old age (contributory) pension or widow's (contributory) pension to which that person is entitled or greater than the rate of increase of old age (contributory) pension payable in respect of that person.

(2) The regulations made under section 32 of the Act of 1952 (as amended by section 7 of the Act of 1966) and for the time being in force shall not during the relevant period operate to permit a widow to receive a widow's (non-contributory) pension in respect of that period or any part thereof solely because, by virtue of the increases in the rates of such pension under section 5 of this Act, the rate of such pension payable to her would be greater than the rate of widow's (contributory) pension payable to her.

(3) In this section “relevant period” means the period commencing on the 1st day of August, 1969, and ending on the 1st day of January, 1970.

Amendment of section 26 (4) of Act of 1952 (increase of benefit for adult dependants).

15.—(1) Subsection (4) (inserted by the Act of 1968) of section 26 of the Act of 1952 is hereby amended by the deletion of paragraph (c) and by the substitution of the following subparagraph for subparagraph (iii) of paragraph (a):

“(iii) such conditions as may be prescribed are fulfilled.”

(2) Subsection (1) of this section shall come into operation on the 2nd day of January, 1970.

Amendment of section 77 of Act of 1952 (increased rates of certain old age pensions).

16.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution of the following subsection for the subsection added by the Act of 1968:

“(5) (a) The weekly rate of old age pension shall be increased by fifty-five shillings 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 female relative of the pensioner, and

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

(b) Not more than one increase of pension shall be payable under this subsection or under subsection (4) (inserted by section 9 of the Social Welfare (Miscellaneous Provisions) Act, 1968 ) of section 26 of this Act in respect of any prescribed female relative.

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

(2) Subsection (1) of this section shall come into operation on the 2nd day of January, 1970.

Amendment of section 8 (2) of Social Welfare (Miscellaneous Provisions) Act, 1960.

17.—The limit of one pound per week contained in paragraph (a) of subsection (2) (inserted by the Act of 1965) of section 8 of the Social Welfare (Miscellaneous Provisions) Act, 1960 , shall cease to have effect.

Short title, construction and collective citation.

18.—(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1969.

(2) This Act, in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1968, shall be construed as one therewith and may be cited together therewith as the Old Age Pensions Acts, 1908 to 1969, and in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1968, shall be construed as one therewith and may be cited together therewith as the Unemployment Assistance Acts, 1933 to 1969, and in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1968, shall be construed as one therewith and may be cited together therewith as the Widows' and Orphans' Pensions Acts, 1935 to 1969, and in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1966, shall be construed as one therewith and may be cited together therewith as the Social Welfare (Children's Allowances) Acts, 1944 to 1969, and in so far as it amends and extends the Social Welfare Acts, 1952 to 1968, shall be construed as one therewith and may be cited together therewith as the Social Welfare Acts, 1952 to 1969.