S.I. No. 259/1976 - Social Welfare (Variation of Rates of Payments) Regulations, 1976.


S.I. No. 259 of 1976.

SOCIAL WELFARE (VARIATION OF RATES OF PAYMENTS) REGULATIONS, 1976.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952) and section 16 of the Social Welfare Act, 1975 (No. 1 of 1975), hereby makes the following Regulations—

1. These Regulations may be cited as the Social Welfare (Variation of Rates of Payments) Regulations, 1976.

2. In these Regulations—

"the Act of 1935" means the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935);

"the Act of 1952" means the Social Welfare Act, 1952 ;

"the Act of 1966" means the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966);

"the Act of 1969" means the Social Welfare (Miscellaneous Provisions) Act, 1969 (No. 19 of 1969);

"the Act of 1970" means the Social Welfare Act, 1970 (No. 12 of 1970);

"the Act of 1973" means the Social Welfare Act, 1973 (No. 10 of 1973);

"the Act of 1974" means the Social Welfare (No. 2) Act, 1974 (No. 14 of 1974);

"the Act of 1976" means the Social Welfare Act, 1976 (No. 6 of 1976);

"old age (non-contributory) pension" means a pension payable under the Old Age Pensions Acts, 1908 to 1976;

"widow's (non-contributory) pension" or "orphan's (non-contributory) pension" means, as the context requires, a pension payable under the Widows' and Orphans' Pensions Acts, 1935 to 1976;

"occupational injuries benefits" means benefits payable under the Act of 1966.

3. The rates of old age (non-contributory) pension are hereby varied with effect on and from the 1st day of October, 1976 by—

(a) the substitution for the rates set out in Tables A and B to subsection (2) (inserted by the Act of 1976) of section 77 of the Act of 1952 of the rates set out in the following Tables:

TABLE A

RATE OF PENSION

Weekly Rate

Means of claimant or pensioner

Claimant or pensioner, no qualified child

Claimant or pensioner, one qualified child

Claimant or pensioner, two or more qualified children

(1)

(2)

(3)

(4)

Where the weekly means of the claimant or pensioner—

£

£

£

do not exceed £6

10·75

13·65

16·55

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Plus, where there are more than two qualified children, £2·20 for each qualified child in excess of two.

exceed £6 but do not exceed £7

9·60

12·50

15·40

exceed £7 but do not exceed £8

8·45

11·35

14·25

exceed £8 but do not exceed £9

7·30

10·20

13·10

exceed £9 but do not exceed £10

6·15

9·05

11·95

exceed £10 but do not exceed £11

5·00

7·90

10·80

exceed £11 but do not exceed £12

3·85

6·75

9·65

exceed £12 but do not exceed £13

2·70

5·60

8·50

exceed £13 but do not exceed £14

1·55

4·45

7·35

exceed £14 but do not exceed £15

no pension

3·30

6·20

TABLE B

INCREASE FOR AN ADULT DEPENDANT

Means of claimant or pensioner

Weekly rate of increase

Where the weekly means of the claimant or pensioner—

£

do not exceed £6

5·35

exceed £6 but do not exceed £7

4·80

exceed £7 but do not exceed £8

4·20

exceed £8 but do not exceed £9

3·60

exceed £9 but do not exceed £10

3·05

exceed £10 but do not exceed £11

2·45

exceed £11 but do not exceed £12

1·90

exceed £12 but do not exceed £13

1·30

exceed £13 but do not exceed £14

0·75

exceed £14

Nil

( b ) the increase of the sum of £1·10 referred to in paragraph (a) (ii) of subsection (2) (inserted by the Act of 1976) of section 77 of the Act of 1952 to the sum of £1·15;

( c ) the increase of the sum of 80 new pence referred to in paragraph (a) (iii) of subsection (2) (inserted by the Act of 1976) of section 77 of the Act of 1952 to the sum of 85 new pence; and

( d ) the increase of the sum of five pounds, seventy new pence (inserted by the Act of 1976) referred to in subsection (5) (inserted by the Act of 1969) of section 77 of the Act of 1952 to the sum of six pounds.

4. The rates of widows' (non-contributory) pensions are hereby varied with effect on and from the 1st day of October, 1976 and the rates of deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance are hereby varied with effect on and from the 30th day of September, 1976 by—

( a ) the substitution for the rates set out in Table B in subsection (1) (inserted by the Act of 1976) of section 20 of the Act of 1935 of the rates set out in the following Table:

TABLE B

WEEKLY RATES OF WIDOWS' (NON-CONTRIBUTORY) PENSIONS

Means of Widow

Widow,

no qualified

child

Widow,

one qualified child

Widow,

two or more

qualified children

(1)

(2)

(3)

(4)

Where the weekly means of the widow—

£

£

£

do not exceed £6

10·75

14·30

17·85

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exceed £6 but do not exceed £7

9·60

13·15

16·70

exceed £7 but do not exceed £8

8·45

12·00

15·55

exceed £8 but do not exceed £9

7 30

10 85

14·40

exceed £9 but do not exceed £10

6·15

9·70

13·25

exceed £10 but do not exceed £11

5·00

8·55

12·10

exceed £11 but do not exceed £12

3·85

7·40

10·95

exceed £12 but do not exceed £13

2·70

6·25

9·80

exceed £13 but do not exceed £14

1·55

5·10

8·65

exceed £14 but do not exceed £15

no pension

3·95

7·50

( b ) the increase of the sum of £1·10 referred to in paragraph (a) (ii) of subsection (1) (inserted by the Act of 1976) of section 20 of the Act of 1935 to the sum of £1·15.

5. The rates of orphans' (non-contributory) pensions are hereby varied with effect on and from the 1st day of October, 1976 by the substitution for the rates set out in the Table (inserted by the Act of 1976) to subsection (1) of section 25 of the Act of 1935 of the rates set out in the following Table:

TABLE

WEEKLY RATES OF ORPHANS' (NON-CONTRIBUTORY) PENSIONS

Means of Orphan

Weekly Rates

Where the weekly means of the orphan—

£

do not exceed £1

7·00

exceed £1 but do not exceed £2

5·85

exceed £2 but do not exceed £3

4·65

exceed £3 but do not exceed £4

3·50

exceed £4 but do not exceed £5

2·35

exceed £5 but do not exceed £6

1·20

exceed £6

no pension

6. The rate of single woman's allowance is hereby varied with effect on and from the 30th day of September, 1976, by the substitution for the rates set out in the Table (inserted by the Act of 1976) to section 8 of the Act of 1974 of the rates set out in the following Table:

TABLE

RATE OF SINGLE WOMAN'S ALLOWANCE

Means of claimant or beneficiary

Weekly Rate

Where the weekly means of the claimant or beneficiary—

£

do not exceed £1

9·35

exceed £1 but do not exceed £2

8·20

exceed £2 but do not exceed £3

7·05

exceed £3 but do not exceed £4

5·90

exceed £4 but do not exceed £5

4·75

exceed £5 but do not exceed £6

3·55

exceed £6 but do not exceed £7

2·40

exceed £7 but do not exceed £8

1·25

exceed £8

no allowance

7. The rate of old age (care) allowance is hereby varied with effect on and from the 30th day of September, 1976 by the substitution for the rate of £5·70 (inserted by the Act of 1976) in section 21 (1) of the Act of 1970 of the rate of £6·00.

8. The rates of invalidity pension, widow's (contributory) pension, deserted wife's benefit, orphan's (contributory) allowance, retirement pension and old age (contributory) pension under section 14 and of increases thereof under sections 26 and 27 of the the Act of 1952 are hereby varied with effect, in so far as they relate to invalidity pension, deserted wife's benefit and retirement pension, on and from the 30th day of September, 1976, and in so far as they relate to widow's (contributory) pension, orphan's (contributory) allowance and old age (contributory) pension, on and from the 1st day of October, 1976, by the substitution for the rates set out in Part I (inserted by the Act of 1976) of the Third Schedule to the Act of 1952 of the following rates:

RATES OF PERIODICAL BENEFITS AND OF INCREASE THEREOF

Description of benefit

Weekly Rate

Increase

for adult dependant (where payable)

Increase for qualified child or

for each

of two qualified children

(where payable)

Increase for each qualified child in excess of two (where payable)

(1)

(2)

(3)

(4)

(5)

£

£

£

£

2. Invalidity Pension:

(a) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband or married woman entitled to an increase for a qualified child or qualified children or for a husband

11·45

7·45

3·25

2·75

(b) for any other married woman

10·00

6·00

4. Widow's (Contributory) Pension:

(a) in the case of persons under the age of eighty

11·55

3·90

3·90

6·00

(b) in any other case

12·45

3·90

3·90

6·00

5. Deserted Wife's Benefit..

11·55

3·90

3·90

6·00

6 Orphan's (Contributory) Allowance

8·40

7. Retirement Pension and Old Age (Contributory) Pension:

(a) in the case of persons under the age of eighty

12·75

8·10

3·25

2·75

6·00

(b) in any other case

13·50

8·10

3·25

2·75

6·00

(c) additional increase for an adult dependant who has attained pensionable age

1·50

9. The rates of occupational injuries benefits in the Act of 1966 (as substituted by the Act of 1976) mentioned in column (1) of the Table hereto are hereby varied with effect on and from the 1st day of October 1976 by the substitution for each rate so mentioned of the rate set out in column (2) of the said Table opposite that mention in column (1):

TABLE

Rate of occupational injuries benefit in the Act of 1966

(1)

Rate as varied

(2)

£14·25 in section 17(2) and 18(2)

£14·95

£3·70 in section 19 in each place where it occurs

£3·90

£6·35 in section 20 in each place where it occurs

£6·65

£14·25 in section 20 in each place where it occurs

£14·95

£8·55 in section 21(2)

£9·00

GIVEN under the Official Seal of the Minister for Social Welfare

this 12th day of November 1976.

BRENDAN CORISH,

Minister for Social Welfare.

The Minister for Finance hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this

12th day of November 1976.

RICHIE RYAN,

Minister for Finance.

EXPLANATORY NOTE

Section 16 of the Social Welfare Act, 1975 enables the Minister for Social Welfare, by regulations made with the consent of the Minister for Finance, to vary (but not so as to reduce) all or any of the rates of benefit, allowance, or pension payable under the Old Age Pensions Acts, 1908 to 1976, the Widows' and Orphans' Pensions Acts, 1935 to 1976, and the Social Welfare Acts, 1952 to 1976.

These Regulations provide for increases in the existing statutory rates of old age contributory and non-contributory pensions, widows' and orphans' contributory and non-contributory pensions, deserted wife's benefit, invalidity and retirement pensions, occupational injuries death benefit pensions and social assistance allowances for deserted wives, unmarried mothers, prisoners' wives and elderly single women, with effect from 30th September, 1976 or 1st October, 1976 as appropriate.