Social Welfare (Consolidation) Act, 1993

SIXTH SCHEDULE

COMMENCEMENT OF CERTAIN PROVISIONS

Section 304 .

Amendment of section 96.

[1991, s. 20(1)]

1.— Section 96 of this Act is hereby amended by—

(a) the substitution for subsection (1) of the following subsection:

“(1) The contribution conditions for invalidity pension are—

(a) that before the relevant date the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his entry into insurance, and

(b) that before the relevant date the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before that date, and

(c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in a prescribed period.”, and

(b) the insertion after subsection (6) of the following subsections:

“(7) Subject to subsection (8), regulations may provide for entitling to invalidity pension persons who would be entitled thereto but for the fact that the condition set out in subsection (1) (c) is not satisfied.

(8) Regulations for the purposes of subsection (7) shall provide that pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the condition set out in subsection (1) (c) is satisfied.”.

Disqualifications — fraudulent claims.

[1993, s. 22(2)]

2.—(1) This Act is hereby amended by the insertion after section 174 of the following section:

“Disqualifications.

174A.—In any case where a person is disqualified for receiving any benefit, assistance or family income supplement in accordance with section 249A or section 213(2A), his needs for the period of disqualification shall be disregarded for the purpose of ascertaining his entitlement to supplementary welfare allowance except in so far as such needs include the need to provide for his adult or child dependants.”.

(2) This Act is hereby amended by the insertion after section 249 of the following section:

“249A.—In the case of a person whose claim for benefit, assistance or family income supplement is disallowed or reduced in accordance with section 249 (a), a deciding officer may, having regard to the circumstances of the case, disqualify that person for receiving any benefit, assistance or family income supplement, as the case may be, for a period of up to 9 weeks and the period of disqualification shall commence—

(a) where any such benefit, assistance or family income supplement is so reduced, on the day on which the revised decision is given, or

(b) in any other case, on the day on which that person subsequently becomes entitled to any benefit, assistance or family income supplement, as the case may be,

and any such period of disqualification shall be treated as though it were a period in respect of which such benefit, assistance or family income supplement, as the case may be, was paid.”.

Amendment of section 179.

[1992, s. 47(1)]

3.—This Act is hereby amended by the substitution for section 179 of the following section:

“Weekly or monthly supplements.

179.—(1) Subject to this Chapter, in the case of a person whose means are insufficient to meet his needs, regulations may provide for a weekly or monthly payment to supplement that person's income.

(2) Regulations under subsection (1) may prescribe the class or classes of persons to whom and the conditions and circumstances under which a payment under subsection (1) may be made and the amount of such a payment (either generally or in relation to a particular class or classes of persons).”.

Amendment of section 213.

[1993, s. 27]

4.— Section 213 of this Act is hereby amended by the insertion after subsection (2) of the following subsection:

“(2A) In the case of a person convicted of an offence under this section the period of disqualification applied in accordance with the provisions of section 249A shall be extended to 3 months and the provisions of that section shall be construed and have effect accordingly.”.