Social Welfare Act, 1996




24.—(1) The Principal Act is hereby amended by—

(a) the insertion in section 83(2) before the definition of “yearly average” of the following definition:

“‘homemaker’ means a person who—

(a) is resident in the State and is under pensionable age,

(b) is not engaged in remunerative employment, other than employment specified in paragraph 5 of Part II of the First Schedule,

(c) either—

(i) resides with and cares for a child under 12 years of age on a full-time basis, or

(ii) resides with and provides full-time care and attention to a person who is so incapacitated as to require full-time care and attention within the meaning of section 163(3), and

(d) other than in the case of such class or classes of person as may be prescribed, makes application to be regarded as a homemaker in the prescribed manner and within the prescribed time;”,

(b) the insertion after “attaining pensionable age” in the definition of “yearly average” contained in section 83(2) of the following proviso:

“Provided that in the case of a claimant who was a homemaker for the duration of any complete contribution year, commencing on or after the 6th day of April, 1994, in which the claimant does not have any credited contributions or voluntary contributions, such contribution year shall be disregarded for the purposes of determining the yearly average of that claimant subject to the total number of contribution years so disregarded not exceeding 20;”,


(c) the insertion in section 27(b) after subparagraph (ii) of the following subparagraph:

“(iii) periods in any contribution year in which they become or cease to be a homemaker within the meaning of section 83(2).”.

(2) The Social Welfare (Old Age (Contributory) Pension) Regulations, 1994 ( S.I. No. 235 of 1994 ), are hereby revoked.

(3) This section shall be deemed to have come into operation on the 6th day of April, 1995.