Social Welfare (No. 2) Act, 1995

Increase for an adult dependant (or a spouse in the case of old age (non-contributory) pension).

10.—(1) Section 3 of the Principal Act is hereby amended by the substitution for subsection (13) of the following subsection:

“(13) For the purposes of determining the entitlement of a person to an increase in respect of an adult dependant, references to a spouse in the definition of ‘adult dependant’ contained in section 2 (2) and regulations made thereunder shall be construed as including:

(a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, or

(b) a man and woman who are not married to each other but are cohabiting as husband and wife.”.

(2) Section 132 of the Principal Act is hereby amended by the substitution for the definition of “spouse” of the following definition:

“‘spouse’, subject to section 3 (12), includes—

(a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, or

(b) a man and woman who are not married to each other but are cohabiting as husband and wife;”.

(3) Section 3 (1) of the Principal Act is hereby amended by the insertion after paragraph (e) of the following paragraph:

“(f) regulations shall provide for determining the circumstances in which a person is or is not to be regarded to be wholly or mainly maintaining another person.”.

(4) Each provision of the Principal Act mentioned in column (1) of the Schedule to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).