Social Welfare Act, 2002

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Number 31 of 2002


SOCIAL WELFARE ACT, 2002


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Social insurance benefits (new rates).

3.

Social assistance payments (new rates).

4.

Family income supplement (new weekly rates).

5.

Employment contributions (amendment to earnings ceiling).

6.

Optional contributions (new rates of contributions and amendment to income ceiling).

7.

Short title and construction.

SCHEDULE A

SCHEDULE B


Acts Referred to

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Social Welfare (No. 2) Act, 2001

2001, No. 51

Social Welfare Act, 1996

1996, No. 7

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Number 31 of 2002


SOCIAL WELFARE ACT, 2002


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS. [19th December, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“Act of 1996” means the Social Welfare Act, 1996 ;

“No. 2 Act of 2001” means the Social Welfare (No. 2) Act, 2001 ;

“Principal Act” means the Social Welfare (Consolidation) Act, 1993 .

Social insurance benefits (new rates).

2.—(1) The Principal Act is amended in the Second Schedule by substituting the Parts set out in Schedule A to this Act for Parts I to IV (inserted by section 2(1) of the No. 2 Act of 2001) of the said Second Schedule.

(2) This section comes into operation—

(a) in so far as it relates to unemployment benefit, on 26 December 2002,

(b) in so far as it relates to disability benefit, health and safety benefit, injury benefit and disablement gratuity, on 30 December 2002,

(c) in so far as it relates to carer's benefit, retirement pension, invalidity pension and a relevant payment by virtue of section 18(1)(a) of the Act of 1996, on 2 January 2003, and

(d) in so far as it relates to disablement pension, death benefit under section 60, 61 or 62 of the Principal Act, old age (contributory) pension, widow's and widower's (contributory) pension and orphan's (contributory) allowance, on 3 January 2003.

Social assistance payments (new rates).

3.—(1) The Principal Act is amended in the Fourth Schedule by substituting the Parts set out in Schedule B to this Act for Parts I, II, IIA, IIB and IIC (inserted by section 3(1) of the No. 2 Act of 2001) of the said Fourth Schedule.

(2) This section comes into operation—

(a) in so far as it relates to unemployment assistance, pre-retirement allowance and farm assist, on 25 December 2002,

(b) in so far as it relates to supplementary welfare allowance, on 30 December 2002,

(c) in so far as it relates to disability allowance, on 1 January 2003,

(d) in so far as it relates to one-parent family payment (other than where payable in respect of a widow or widower), carer's allowance and a relevant payment by virtue of section 18(1) (b) or (c) of the Act of 1996, on 2 January 2003, and

(e) in so far as it relates to old age (non-contributory) pension, blind pension, widow's and widower's (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and orphan's (non-contributory) pension, on 3 January 2003.

Family income supplement (new weekly rates).

4.—(1) The Principal Act is amended by substituting the following for section 198 (inserted by section 4(1) of the No. 2 Act of 2001):

“198.—Subject to this Act, an allowance (in this Act referred to as ‘family income supplement’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—

(a) in the case of a family which includes only 1 child, €379,

(b) in the case of a family which includes 2 children, €405,

(c) in the case of a family which includes 3 children, €430,

(d) in the case of a family which includes 4 children, €455,

(e) in the case of a family which includes 5 children, €487,

(f) in the case of a family which includes 6 children, €513,

(g) in the case of a family which includes 7 children, €534, or

(h) in the case of a family which includes 8 or more children, €556.”.

(2) This section comes into operation on 2 January 2003.

Employment contributions (amendment to earnings ceiling).

5.—(1) Section 10(1)(c) (as amended by section 5(1)(a) of the No. 2 Act of 2001) of the Principal Act is amended by substituting “€40,420” for “€38,740”.

(2) This section comes into operation on 1 January 2003.

Optional contributions (new rates of contributions and amendment to income ceiling).

6.—(1) Section 24B(1) of the Principal Act is amended—

(a) by substituting the following for paragraph (a):

“(a) Subject to paragraph (b), an optional contributor shall pay an optional contribution of an amount equal to 4 per cent. of his or her reckonable income in excess of €2,500 in the preceding contribution year, or €200, whichever is the greater.”,

and

(b) in paragraph (b) (as amended by section 6(1) of the No. 2 Act of 2001), by substituting “€40,420” for “€38,740”.

(2) This section comes into operation on 1 January 2003.

Short title and construction.

7.—(1) This Act may be cited as the Social Welfare Act, 2002.

(2) The Social Welfare Acts and this Act shall be construed together as one.

SCHEDULE A

Section 2.

“PART I

Rates of Periodical Benefits and Increases Thereof

Description of benefit

Weekly rate

Increase for qualified adult (where payable)

Increase for each qualified child (where payable)

Increase for prescribed relative under section 167 (where payable)

Increase where the person is living alone (where payable)

Increase where the person has attained the age of 80 years (where payable)

Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

1. Disability Benefit, Unemployment Benefit, Injury Benefit and Health and Safety Benefit     ...     ...     ...

124.80

82.80

16.80

--

--

--

--

2. Death Benefit:

(a) pension payable to a widow or widower (section 60)     ...     ...     ...

153.60

--

21.60

86.50

7.70

--

12.70

additional increase for a widow or widower (under section 60) who has attained pensionable age     ...     ...     ...

8.10

--

--

--

--

--

--

(b) pension payable to a parent:

(i) reduced rate     ...

74.30

--

--

86.50

7.70

--

--

(ii) maximum rate     ...

153.60

--

--

86.50

7.70

--

--

(c) pension payable to an orphan     ...     ...

99.90

--

--

--

--

--

--

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

157.30

104.80

19.30

86.50

7.70

6.40

12.70

additional increase for a qualified adult who has attained pensionable age     ...     ...

--

16.70

--

--

--

--

--

4. Invalidity Pension:     ...     ...

130.30

93.00

19.30

86.50

7.70

6.40

12.70

additional increase for a beneficiary who has attained the age of 65 years     ...     ...

27.00

--

--

--

--

--

--

additional increase where qualified adult has attained pensionable age     ...     ...

--

20.10

--

--

--

--

--

5. Widow's and Widower's (Contributory) Pension and a relevant payment by virtue of section 18(1)(a) of the Social Welfare Act, 1996      ...     ...

130.30

--

21.60

86.50

7.70

6.40

12.70

additional increase for a beneficiary who has attained pensionable age     ...     ...

25.50

--

--

--

--

--

--

6. Orphan's (Contributory) Allowance     ...     ...     ...

97.00

--

--

--

--

--

--

7. Carer's Benefit:

(a) in the case of a person to whom section 82D(1)(b) applies     ...     ...

139.70

--

16.80

--

--

--

--

(b) in the case of a person to whom section 82D(1)(a) applies     ...     ...

209.60

--

16.80

--

--

--

--

PART II

Occupational Injuries Benefits — Gratuities and Grant

Description of Grant

Amount

(1)

(2)

1. Disablement Benefit:

Maximum gratuity

...

...

...

...

...

...

10,910

2. Death Benefit     ...

...

...

...

...

...

...

635

PART III

Disablement Pension

Degree of Disablement

Weekly Rate

(1)

(2)

100 per cent

...

...

...

...

155.90

90 per cent

...

...

...

...

140.30

80 per cent

...

...

...

...

124.70

70 per cent

...

...

...

...

109.10

60 per cent

...

...

...

...

93.50

50 per cent

...

...

...

...

78.00

40 per cent

...

...

...

...

62.40

30 per cent

...

...

...

...

46.80

20 per cent

...

...

...

...

31.20

PART IV

Increases of Disablement Pension

Description of Increase

Weekly Rate

Increase where the person is living alone

(1)

(2)

(3)

1. Increase where the person is permanently incapable of work     ...     ...     ...     

...

124.80

7.70

2. Increase where the person requires constant attendance     ...     ...     ...     ...     

...

139.70

--

”.

SCHEDULE B

Section 3.

“PART I

Rates of Periodical Social Assistance and Increases Thereof

Description of assistance

Weekly rate

Increase for qualified adult (where payable)

Increase for each qualified child (where payable)

Increase for prescribed relative under section 167 (where payable)

Increase where the person is living alone (where payable)

Increase where the person has attained the age of 80 years (where payable)

Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

1. Unemployment Assistance:

(a) in the case of a person to whom section 121(1)(a) applies...     ...     ...

124.80

82.80

16.80

--

--

--

--

(b) in the case of a person to whom section 121(1)(b) applies     ...     ...

124.80

82.80

16.80

--

--

--

--

2. Pre-Retirement Allowance     ...

124.80

82.80

16.80

--

--

--

--

3. Disability Allowance     ...

124.80

82.80

16.80

--

7.70

--

--

4. Old Age (Non-Contributory) Pension     ...     ...     ...

144.00

--

16.80

86.50

7.70

6.40

12.70

5. Blind Pension:

124.80

--

16.80

86.50

7.70

6.40

12.70

additional increase for a beneficiary who has attained pensionable age     ...     ...

19.20

--

--

--

--

--

--

6. Widow's (Non-Contributory) Pension, Widower's (Non-Contributory) Pension and a relevant payment by virtue of section 18(1)(b) or (c) of the Social Welfare Act, 1996 :

124.80

--

--

86.50

7.70

6.40

12.70

additional increase for a beneficiary who has attained pensionable age     ...     ...

19.20

--

--

--

--

--

--

7. One-Parent Family Payment:

124.80

--

19.30

--

--

6.40

12.70

additional increase for a beneficiary who has attained pensionable age     ...     ...

19.20

--

--

--

--

--

--

8. Carer's Allowance:

(a) in the case of a person to whom section 165(1)(a) applies     ...     ...

194.40

--

16.80

--

--

--

12.70

additional increase for a beneficiary who has attained pensionable age     ...     ...

27.30

--

--

--

--

--

--

(b) in the case of a person to whom section 165(1)(b) applies     ...     ...

129.60

--

16.80

--

--

--

12.70

additional increase for a beneficiary who has attained pensionable age     ...     ...

18.20

--

--

--

--

--

--

9. Orphan's (Non-Contributory) Pension     ...     ...     ...

97.00

--

--

--

--

--

--

10. Supplementary Welfare Allowance     ...     ...

124.80

82.80

16.80

--

--

--

--

11. Farm Assist     ...     ...

124.80

82.80

16.80

--

--

--

--

PART II

Increase of Old Age (Non-Contributory) Pension for One of a Couple and Increase in Blind Pension for One of a Couple Where Both Beneficiary and Spouse have attained Pensionable Age

Means of claimant or pensioner

Weekly rate of increase

Where the weekly means of the claimant or pensioner do not exceed €7.60

95.20

exceed €7.60 but do not exceed €10.10

93.50

exceed €10.10 but do not exceed €12.60

91.90

exceed €12.60 but do not exceed €15.10

90.20

exceed €15.10 but do not exceed €17.60

88.60

exceed €17.60 but do not exceed €20.10

86.90

exceed €20.10 but do not exceed €22.60

85.30

exceed €22.60 but do not exceed €25.10

83.60

exceed €25.10 but do not exceed €27.60

82.00

exceed €27.60 but do not exceed €30.10

80.30

exceed €30.10 but do not exceed €32.60

78.70

exceed €32.60 but do not exceed €35.10

77.00

exceed €35.10 but do not exceed €37.60

75.40

exceed €37.60 but do not exceed €40.10

73.70

exceed €40.10 but do not exceed €42.60

72.10

exceed €42.60 but do not exceed €45.10

70.40

exceed €45.10 but do not exceed €47.60

68.80

exceed €47.60 but do not exceed €50.10

67.10

exceed €50.10 but do not exceed €52.60

65.40

exceed €52.60 but do not exceed €55.10

63.80

exceed €55.10 but do not exceed €57.60

62.10

exceed €57.60 but do not exceed €60.10

60.50

exceed €60.10 but do not exceed €62.60

58.80

exceed €62.60 but do not exceed €65.10

57.20

exceed €65.10 but do not exceed €67.60

55.50

exceed €67.60 but do not exceed €70.10

53.90

exceed €70.10 but do not exceed €72.60

52.20

exceed €72.60 but do not exceed €75.10

50.60

exceed €75.10 but do not exceed €77.60

48.90

exceed €77.60 but do not exceed €80.10

47.30

exceed €80.10 but do not exceed €82.60

45.60

exceed €82.60 but do not exceed €85.10

44.00

exceed €85.10 but do not exceed €87.60

42.30

exceed €87.60 but do not exceed €90.10

40.70

exceed €90.10 but do not exceed €92.60

39.00

exceed €92.60 but do not exceed €95.10

37.40

exceed €95.10 but do not exceed €97.60

35.70

exceed €97.60 but do not exceed €100.10

34.00

exceed €100.10 but do not exceed €102.60

32.40

exceed €102.60 but do not exceed €105.10

30.70

exceed €105.10 but do not exceed €107.60

29.10

exceed €107.60 but do not exceed €110.10

27.40

exceed €110.10 but do not exceed €112.60

25.80

exceed €112.60 but do not exceed €115.10

24.10

exceed €115.10 but do not exceed €117.60

22.50

exceed €117.60 but do not exceed €120.10

20.80

exceed €120.10 but do not exceed €122.60

19.20

exceed €122.60 but do not exceed €125.10

17.50

exceed €125.10 but do not exceed €127.60

15.90

exceed €127.60 but do not exceed €130.10

14.20

exceed €130.10 but do not exceed €132.60

12.60

exceed €132.60 but do not exceed €135.10

10.90

exceed €135.10 but do not exceed €137.60

9.30

exceed €137.60 but do not exceed €140.10

7.60

exceed €140.10 but do not exceed €142.60

5.90

exceed €142.60 but do not exceed €145.10

4.30

exceed €145.10 but do not exceed €147.60

2.60

exceed €147.60

Nil

PART IIA

Increase of Blind Pension for One of a Couple Where Both Beneficiary and Spouse have not attained Pensionable Age

Means of claimant or pensioner

Weekly rate of increase

Where the weekly means of the claimant or pensioner do not exceed €7.60

82.80

exceed €7.60 but do not exceed €10.10

81.10

exceed €10.10 but do not exceed €12.60

79.50

exceed €12.60 but do not exceed €15.10

77.80

exceed €15.10 but do not exceed €17.60

76.20

exceed €17.60 but do not exceed €20.10

74.50

exceed €20.10 but do not exceed €22.60

72.80

exceed €22.60 but do not exceed €25.10

71.20

exceed €25.10 but do not exceed €27.60

69.50

exceed €27.60 but do not exceed €30.10

67.90

exceed €30.10 but do not exceed €32.60

66.20

exceed €32.60 but do not exceed €35.10

64.50

exceed €35.10 but do not exceed €37.60

62.90

exceed €37.60 but do not exceed €40.10

61.20

exceed €40.10 but do not exceed €42.60

59.60

exceed €42.60 but do not exceed €45.10

57.90

exceed €45.10 but do not exceed €47.60

56.30

exceed €47.60 but do not exceed €50.10

54.60

exceed €50.10 but do not exceed €52.60

52.90

exceed €52.60 but do not exceed €55.10

51.30

exceed €55.10 but do not exceed €57.60

49.60

exceed €57.60 but do not exceed €60.10

48.00

exceed €60.10 but do not exceed €62.60

46.30

exceed €62.60 but do not exceed €65.10

44.60

exceed €65.10 but do not exceed €67.60

43.00

exceed €67.60 but do not exceed €70.10

41.30

exceed €70.10 but do not exceed €72.60

39.70

exceed €72.60 but do not exceed €75.10

38.00

exceed €75.10 but do not exceed €77.60

36.40

exceed €77.60 but do not exceed €80.10

35.20

exceed €80.10 but do not exceed €82.60

33.90

exceed €82.60 but do not exceed €85.10

32.60

exceed €85.10 but do not exceed €87.60

31.30

exceed €87.60 but do not exceed €90.10

28.10

exceed €90.10 but do not exceed €92.60

26.40

exceed €92.60 but do not exceed €95.10

24.70

exceed €95.10 but do not exceed €97.60

23.10

exceed €97.60 but do not exceed €100.10

21.40

exceed €100.10 but do not exceed €102.60

19.80

exceed €102.60 but do not exceed €105.10

18.10

exceed €105.10 but do not exceed €107.60

16.50

exceed €107.60 but do not exceed €110.10

14.80

exceed €110.10 but do not exceed €112.60

13.10

exceed €112.60 but do not exceed €115.10

11.50

exceed €115.10 but do not exceed €117.60

9.80

exceed €117.60 but do not exceed €120.10

8.20

exceed €120.10 but do not exceed €122.60

6.50

exceed €122.60 but do not exceed €125.10

4.80

exceed €125.10 but do not exceed €127.60

3.20

exceed €127.60

Nil

PART IIB

Increase of Blind Pension for One of a Couple Where Beneficiary has not attained Pensionable age and Spouse has attained Pensionable Age

Means of claimant or pensioner

Weekly rate of increase

Where the weekly means of the claimant or pensioner do not exceed €7.60

95.20

exceed €7.60 but do not exceed €10.10

93.30

exceed €10.10 but do not exceed €12.60

91.40

exceed €12.60 but do not exceed €15.10

89.50

exceed €15.10 but do not exceed €17.60

87.60

exceed €17.60 but do not exceed €20.10

85.70

exceed €20.10 but do not exceed €22.60

83.80

exceed €22.60 but do not exceed €25.10

81.80

exceed €25.10 but do not exceed €27.60

79.90

exceed €27.60 but do not exceed €30.10

78.00

exceed €30.10 but do not exceed €32.60

76.10

exceed €32.60 but do not exceed €35.10

74.20

exceed €35.10 but do not exceed €37.60

72.30

exceed €37.60 but do not exceed €40.10

70.40

exceed €40.10 but do not exceed €42.60

68.50

exceed €42.60 but do not exceed €45.10

66.60

exceed €45.10 but do not exceed €47.60

64.70

exceed €47.60 but do not exceed €50.10

62.80

exceed €50.10 but do not exceed €52.60

60.90

exceed €52.60 but do not exceed €55.10

59.00

exceed €55.10 but do not exceed €57.60

57.10

exceed €57.60 but do not exceed €60.10

55.20

exceed €60.10 but do not exceed €62.60

53.20

exceed €62.60 but do not exceed €65.10

51.30

exceed €65.10 but do not exceed €67.60

49.40

exceed €67.60 but do not exceed €70.10

47.50

exceed €70.10 but do not exceed €72.60

45.60

exceed €72.60 but do not exceed €75.10

43.70

exceed €75.10 but do not exceed €77.60

42.20

exceed €77.60 but do not exceed €80.10

40.90

exceed €80.10 but do not exceed €82.60

39.70

exceed €82.60 but do not exceed €85.10

38.40

exceed €85.10 but do not exceed €87.60

37.10

exceed €87.60 but do not exceed €90.10

35.90

exceed €90.10 but do not exceed €92.60

34.60

exceed €92.60 but do not exceed €95.10

33.30

exceed €95.10 but do not exceed €97.60

32.00

exceed €97.60 but do not exceed €100.10

30.80

exceed €100.10 but do not exceed €102.60

22.70

exceed €102.60 but do not exceed €105.10

20.80

exceed €105.10 but do not exceed €107.60

18.90

exceed €107.60 but do not exceed €110.10

17.00

exceed €110.10 but do not exceed €112.60

15.10

exceed €112.60 but do not exceed €115.10

13.20

exceed €115.10 but do not exceed €117.60

11.30

exceed €117.60 but do not exceed €120.10

9.40

exceed €120.10 but do not exceed €122.60

7.50

exceed €122.60 but do not exceed €125.10

5.60

exceed €125.10 but do not exceed €127.60

3.70

exceed €127.60

Nil

PART IIC

Increase of Blind Pension for One of a Couple Where Beneficiary has attained Pensionable Age and Spouse has not attained Pensionable Age

Means of claimant or pensioner

Weekly rate of increase

Where the weekly means of the claimant or pensioner do not exceed €7.60

82.80

exceed €7.60 but do not exceed €10.10

81.40

exceed €10.10 but do not exceed €12.60

79.90

exceed €12.60 but do not exceed €15.10

78.50

exceed €15.10 but do not exceed €17.60

77.10

exceed €17.60 but do not exceed €20.10

75.60

exceed €20.10 but do not exceed €22.60

74.20

exceed €22.60 but do not exceed €25.10

72.70

exceed €25.10 but do not exceed €27.60

71.30

exceed €27.60 but do not exceed €30.10

69.90

exceed €30.10 but do not exceed €32.60

68.40

exceed €32.60 but do not exceed €35.10

67.00

exceed €35.10 but do not exceed €37.60

65.60

exceed €37.60 but do not exceed €40.10

64.10

exceed €40.10 but do not exceed €42.60

62.70

exceed €42.60 but do not exceed €45.10

61.20

exceed €45.10 but do not exceed €47.60

59.80

exceed €47.60 but do not exceed €50.10

58.40

exceed €50.10 but do not exceed €52.60

56.90

exceed €52.60 but do not exceed €55.10

55.50

exceed €55.10 but do not exceed €57.60

54.10

exceed €57.60 but do not exceed €60.10

52.60

exceed €60.10 but do not exceed €62.60

51.20

exceed €62.60 but do not exceed €65.10

49.70

exceed €65.10 but do not exceed €67.60

48.30

exceed €67.60 but do not exceed €70.10

46.90

exceed €70.10 but do not exceed €72.60

45.40

exceed €72.60 but do not exceed €75.10

44.00

exceed €75.10 but do not exceed €77.60

42.60

exceed €77.60 but do not exceed €80.10

41.10

exceed €80.10 but do not exceed €82.60

39.70

exceed €82.60 but do not exceed €85.10

38.20

exceed €85.10 but do not exceed €87.60

36.80

exceed €87.60 but do not exceed €90.10

35.40

exceed €90.10 but do not exceed €92.60

33.90

exceed €92.60 but do not exceed €95.10

32.50

exceed €95.10 but do not exceed €97.60

31.10

exceed €97.60 but do not exceed €100.10

29.60

exceed €100.10 but do not exceed €102.60

28.20

exceed €102.60 but do not exceed €105.10

26.70

exceed €105.10 but do not exceed €107.60

25.30

exceed €107.60 but do not exceed €110.10

23.90

exceed €110.10 but do not exceed €112.60

22.40

exceed €112.60 but do not exceed €115.10

21.00

exceed €115.10 but do not exceed €117.60

19.60

exceed €117.60 but do not exceed €120.10

18.10

exceed €120.10 but do not exceed €122.60

16.70

exceed €122.60 but do not exceed €125.10

15.20

exceed €125.10 but do not exceed €127.60

13.80

exceed €127.60 but do not exceed €130.10

12.40

exceed €130.10 but do not exceed €132.60

10.90

exceed €132.60 but do not exceed €135.10

9.50

exceed €135.10 but do not exceed €137.60

8.10

exceed €137.60 but do not exceed €140.10

6.60

exceed €140.10 but do not exceed €142.60

5.20

exceed €142.60 but do not exceed €145.10

3.70

exceed €145.10 but do not exceed €147.60

2.30

exceed €147.60

Nil

”.