Social Welfare Act, 1980
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
“the Act of 1933” means the Unemployment Assistance Act, 1933 ;
“the Act of 1935” means the Widows' and Orphans' Pensions Act, 1935 ;
“the Act of 1952” means the Social Welfare Act, 1952 ;
“the Act of 1966” means the Social Welfare (Occupational Injuries) Act, 1966 ;
“the Act of 1967” means the Social Welfare (Miscellaneous Provisions) Act, 1967 ;
“the Act of 1969” means the Social Welfare (Miscellaneous Provisions) Act, 1969 ;
“the Act of 1975” means the Social Welfare (Supplementary Welfare Allowances) Act, 1975 ;
“the Act of 1976” means the Social Welfare Act, 1976 ;
“the Act of 1977” means the Social Welfare Act, 1977 ;
“the Act of 1978” means the Social Welfare Act, 1978 ;
“the Act of 1979” means the Social Welfare Act, 1979 ;
“the Regulations of 1979” means the Social Welfare (Variation of Rates of Payments) Regulations, 1979 (S.I. No. 320 of 1979).
num: 2
paragraphs: —The Act of 1952 is hereby amended by the insertion after the Seventh Schedule of the Eighth Schedule set out in the Schedule to this Act.
num: 3
paragraphs: —(1) Section 77 of the Act of 1952 is hereby amended—
(a) by the substitution for subsection (2) (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following subsection:
num: 4
paragraphs: —(1) Section 6 (inserted by the Social Welfare (No. 2) Act, 1976 ) of the Old Age Pensions Act, 1932 , is hereby amended by the substitution of “18” for “21” in both places where it occurs.
(2) A blind person in respect of whom a pension is payable under the Old Age Pensions Acts, 1908 to 1980, shall not be—
(a) a qualified child for the purposes of those Acts, the Widows' and Orphans' Pensions Acts, 1935 to 1980, or the Social Welfare Acts, 1952 to 1980, or
(b) a child qualified for the purposes of the Act of 1966.
(3) This section shall come into operation on the 4th day of April, 1980.
num: 5
paragraphs: —(1) The Seventh Schedule to the Act of 1952 is hereby amended by the substitution in Rule 1 (II) (h) of “£312” and “£208”, respectively, for “£208” and “£156” (inserted by the Act of 1977) in both places where they occur.
(2) This section shall come into operation on the 4th day of April, 1980.
num: 6
paragraphs: —(1) The Act of 1933 is hereby amended by the substitution for section 17 of the following section:
num: 7
paragraphs: —(1) Section 13 (1) (b) of the Act of 1933 is hereby amended by the substitution for paragraph (xii) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1964 ) of the following paragraph:
“(xii) where a person is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived therefrom as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,”.
(2) This section shall come into operation on the 2nd day of April, 1980.
num: 8
paragraphs: —(1) Section 10 of the Act of 1933 is hereby amended by the substitution for subsection (3) of the following subsection:
“(3) The conditions referred to in subsection (2) of this section as the conditions to be fulfilled by a person applying for a qualification certificate are—
(a) that he is at the date of the application resident in the State;
(b) that he has attained the age of 18 years and has not attained the age of 66 years;
(c) that his means, calculated in accordance with this Act, do not exceed an amount per annum equal to 52 times—
num: 9
paragraphs: —(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended—
(a) by the substitution for subsection (1) (inserted by the Act of 1979 and varied by the Regulations of 1979) of the following subsection:
num: 10
paragraphs: —The Act of 1935 is hereby amended by the substitution for section 19 of the following section:
“19.—(1) Subject to the provisions of this Act, a pension (in this Act referred to as a widow's (non-contributory) pension) shall be payable to a widow.
(2) A woman whose husband dies while she is in receipt of or entitled to deserted wife's allowance under the Social Welfare Acts, 1952 to 1980, shall, subject to the provisions of the Widows' and Orphans' Pensions Acts, 1935 to 1980, in lieu of that allowance, be entitled to a widow's (non-contributory) pension at the same rate as that of the deserted wife's allowance payable to her.”.
num: 11
paragraphs: —(1) The Act of 1935 is hereby amended by the substitution for section 25 (inserted by the Social Welfare Act, 1973 ) of the following section:
“25.—(1) The weekly rate of orphan's (non-contributory) pension shall be—
num: 12
paragraphs: —(1) Section 3 (1) of the Act of 1935 and section 2 (1) of the Act of 1952 are hereby amended by the substitution for paragraph (c) (inserted by the Act of 1978) of the following paragraph:
“(c) a qualified child one of whose parents is dead and whose surviving parent has abandoned him or refused or failed to provide for him;”.
(2) This section shall come into operation on the 4th day of April, 1980.
num: 13
paragraphs: —(1) Section 8 of the Social Welfare (No. 2) Act, 1974 , is hereby amended by the substitution for subsection (2) of the following subsection:
“(2) A single woman's allowance shall be payable—
num: 14
paragraphs: —(1) Section 9 (1) (a) of the Act of 1975 is hereby amended by the substitution for subparagraphs (i) and (ii) of the following subparagraphs:
“(i) in the case of a person who has no means, the amount calculated in accordance with section 10 (1) of this Act, or
(ii) in the case of a person who has means, the amount calculated in accordance with section 10 (1) of this Act which would be appropriate in his case if he had no means, less the amount of his weekly means,”.
(2) The following section is hereby substituted for section 10 of the Act of 1975:
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paragraphs: —(1) The Act of 1952 is hereby amended—
num: 16
paragraphs: —(1) Section 5 (2) of the Act of 1967 is hereby amended by the substitution for the Table thereto (inserted by the Act of 1979 and varied by the Regulations of 1979) of the Table to this section.
(2) This section shall come into operation on the 7th day of April, 1980.
TABLE
Class of Person
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)
£
£
£
£
Person entitled to an increase in respect of a qualified child but not entitled to an increase in respect of an adult dependant
17·20
—
5·30
4·10
Any other person
17·00
12·25
5·30
4·10
num: 17
paragraphs: —(1) Section 15 of the Act of 1952 is hereby amended by—
(a) the substitution for subsection (2) of the following subsection:
“(2) (a) A person shall not be entitled to disability benefit for the first 3 days of any period of incapacity for work.
(b) A person shall not be entitled to unemployment benefit for the first 3 days of any period of interruption of employment.”, and
(b) the insertion after paragraph (a) of subsection (3) of the following paragraph:
“(aa) any 3 days of incapacity for work, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of incapacity for work and any two such periods not separated by more than 3 days shall be treated as one period of incapacity for work: provided that a period of incapacity for work shall be deemed to include any day or days of unemployment in the period of 3 consecutive days preceding the first day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 3 (4) (a) (inserted by the Social Welfare Act, 1980) of the Social Welfare (Pay-Related Benefit) Act, 1973 , applies,”.
(2) Section 3 of the Social Welfare (Pay-Related Benefit) Act, 1973 , is hereby amended by the substitution for subsection (4) (inserted by the Social Welfare (Pay-Related Benefit) Act, 1975 ) of the following subsection:
“(4) In calculating for the purposes of this Act whether, in a period of interruption of employment, a person has had a specified number of days of incapacity for work or a specified number of days of unemployment, account shall be taken only of—
(a) any day or days of incapacity for work in that period in respect of which that person was paid disability benefit, maternity allowance or injury benefit and any such day or days in the first period of incapacity for work in that period of interruption of employment to which section 15 (2) (a) (inserted by the Social Welfare Act, 1980) of the Act of 1952 applies; and
(b) any day or days of unemployment in that period in respect of which that person was paid unemployment benefit and any such day or days to which section 15 (2) (b) (inserted by the Social Welfare Act, 1980) of the Act of 1952 applies.”.
(3) This section shall apply to periods of incapacity for work commencing on or after the 7th day of April, 1980.
num: 18
paragraphs: —Subsection (5) of section 20 of the Act of 1952 (which defines “week” for the purpose of maternity allowance) is hereby repealed.
num: 19
paragraphs: —(1) Section 26 (1) of the Act of 1952 is hereby amended—
(a) by the substitution for paragraph (c) (inserted by the Act of 1977) of the following paragraph:
“(c) the beneficiary, being—
(i) a single person, or
(ii) a widow, or
(iii) a widower, or
(iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his spouse,
is wholly or mainly maintaining a female person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with the beneficiary,”;
and
(b) by the deletion of “specified in paragraph (c) of this subsection”.
(2) Section 26 (5) (inserted by the Social Welfare Act, 1970 ) of the Act of 1952 is hereby amended—
(a) by the substitution for paragraph (b) (inserted by the Act of 1977) of the following paragraph:
“(b) any period during which the beneficiary, being—
(i) a single person, or
(ii) a widow, or
(iii) a widower, or
(iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his spouse,
is wholly or mainly maintaining a female person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with the beneficiary,”;
and
(b) by the deletion of “specified in paragraph (b) of this subsection”.
(3) (a) Subsection (1) of this section shall come into operation on the 7th day of April, 1980.
(b) Subsection (2) of this section shall come into operation on the 3rd day of April, 1980.
num: 20
paragraphs: —(1) Each rate (inserted by the Act of 1979 and varied by the Regulations of 1979) of occupational injuries benefit in the Act of 1966 mentioned in column (1) of the Table to this section is hereby increased by the substitution for that rate of the rate specified in column (2) of that Table opposite that mention in column (1).
(2) Subject to subsection (3) of this section, this section shall come into operation on the 7th day of April, 1980.
(3) The increases provided for by subsection (1) of this section in so far as they relate to sections 17 (2), 18 (2), 18 (3), 19, 20, 21 (2) and 22 of the Act of 1966, shall come into operation on the 4th day of April, 1980.
TABLE
Rate of occupational injuries benefit in the Act of 1966
Increased rate
(1)
(2)
£18·60 in section 8 (3) (a)
£22·30
£23·50 in section 8 (3) (b)
£28·20
£1,630 in section 9 (7) (a)
£2,040
£23·50 in Table I to section 9 (8)
£29·40
£21·15 in Table I to section 9 (8)
£26·46
£18·80 in Table I to section 9 (8)
£23·52
£16·45 in Table I to section 9 (8)
£20·58
£14·10 in Table I to section 9 (8)
£17·64
£11·75 in Table I to section 9 (8)
£14·70
£9·40 in Table I to section 9 (8)
£11·76
£7·05 in Table I to section 9 (8)
£8·82
£4·70 in Table I to section 9 (8)
£5·88
£18·60 in Table II to section 9 (8)
£23·25
£16·74 in Table II to section 9 (8)
£20·92
£14·88 in Table II to section 9 (8)
£18·59
£13·02 in Table II to section 9 (8)
£16·26
£11·16 in Table II to section 9 (8)
£13·93
£9·30 in Table II to section 9 (8)
£11·60
£7·44 in Table II to section 9 (8)
£9·27
£5·58 in Table II to section 9 (8)
£6·94
£3·72 in Table II to section 9 (8)
£4·61
£4·70 in section 9 (9) (b) (ii)
£5·88
£3·72 in section 9 (9) (b) (ii)
£4·61
£11·05 in section 10 (1)
£13·25
£4·95 in section 11 (1)
£5·95
£4·10 in section 11 (1)
£4·90
£15·00 in section 12 (1) (a)
£18·00
£17·05 in section 12 (1) (b)
£20·45
£9·40 in section 13 (1)
£11·75
£18·80 in section 13 (1)
£23·50
£18·60 in section 15 (1) (a) (i)
£23·25
£23·50 in section 15 (1) (a) (ii)
£29·40
£22·85 in section 17 (2) and 18 (2)
£28·55
£1,191 in section 18 (3)
£1,489
£6·00 in section 19 in each place where it occurs
£7·50
£10·15 in section 20 in each place where it occurs
£12·70
£22·85 in section 20 in each place where it occurs
£28·55
£13·70 in section 21 (2)
£17·10
£115 in section 22 in each place where it occurs
£175
£3·72 in section 25 (3) (a)
£4·61
£4·70 in section 25 (3) (b)
£5·88
num: 21
paragraphs: —(1) Section 20 (1) of the Act of 1977 is hereby amended by the substitution for “£1.30” (inserted by the Act of 1979) of “£1.65”.
(2) This section shall come into operation on the 4th day of April, 1980.
num: 22
paragraphs: —(1) Section 1 (1) of the Act of 1966 is hereby amended by the insertion after paragraph (b) in the definition of “orphan qualified for the purposes of this Act” of the following:
“or
(c) a child qualified for the purposes of this Act one of whose parents is dead and whose surviving parent has abandoned him or refused or failed to provide for him;”.
(2) This section shall come into operation on the 4th day of April, 1980.
num: 23
paragraphs: —(1) Section 10 (1) of the Act of 1966 is hereby amended—
(a) by the substitution for paragraph (c) (inserted by the Act of 1977) of the following paragraph:
“(c) the beneficiary, being—
(i) a single person, or
(ii) a widow, or
(iii) a widower, or
(iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his spouse,
is wholly or mainly maintaining a female person over the age of 16 years having the care of one or more than one child qualified for the purposes of this Act who normally resides or reside with the beneficiary,”;
and
(b) by the deletion of “specified in paragraph (c) of this subsection”.
(2) This section shall come into operation on the 7th day of April, 1980.
num: 24
paragraphs: —(1) Section 6 of the Children's Allowances (Amendment) Act, 1946 , is hereby amended by the substitution for subsection (1) (inserted by the Act of 1979) of the following subsection:
num: 25
paragraphs: —(1) Section 8 of the Act of 1969 is hereby amended by the substitution in subsection (1) for “one hundred pounds” of “£300” and for “one hundred and fifty pounds” of “£400”.
(2) This section shall come into operation on the 1st day of April, 1980.
num: 26
paragraphs: —(1) Subsections (1) and (2) (inserted by the Social Welfare (Amendment) Act, 1978 ) of section 6 of the Act of 1952 are hereby amended by the substitution of—
(a) “3.5 per cent.” for “3.2 per cent.” and “8.5 per cent.” for “7.5 per cent.” in paragraphs (b) (i) and (b) (ii), respectively, of subsection (1), and
(b) “£7,000” for “£5,500” (inserted by the Social Welfare (Rates of Contributions and Yearly Reckonable Earnings) (Confirmation and Variation) Regulations, 1979 (S.I. No. 65 of 1979)) in paragraph (c) of subsection (1), and
(c) “1.8 per cent.” for “1.7 per cent.”, “4.7 per cent.” for “4.4 per cent.” and “2.9 per cent.” for “2.7 per cent.” in paragraphs (b) (i), (b) (ii) and (b) (iii), respectively, of subsection (2).
(2) This section shall come into operation on the 6th day of April, 1980.
num: 27
paragraphs: —(1) This Act may be cited as the Social Welfare Act, 1980.
(2) This Act—
(a) in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1979, shall be construed as one with those Acts and may be cited together with them as the Old Age Pensions Acts, 1908 to 1980,
(b) in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1979, shall be construed as one with those Acts and may be cited together with them as the Unemployment Assistance Acts, 1933 to 1980,
(c) in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1979, shall be construed as one with those Acts and may be cited together with them as the Widows' and Orphans' Pensions Acts, 1935 to 1980,
(d) in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1979, shall be construed as one with those Acts and may be cited together with them as the Social Welfare (Children's Allowances) Acts, 1944 to 1980,
(e) in so far as it amends and extends the Social Welfare (Supplementary Welfare Allowances) Acts, 1975 and 1979, shall be construed as one with those Acts and may be cited together with them as the Social Welfare (Supplementary Welfare Allowances) Acts, 1975 to 1980, and
(f) in so far as it amends and extends the Social Welfare Acts, 1952 to 1979, shall be construed as one with those Acts and may be cited together with them as the Social Welfare Acts, 1952 to 1980.