Social Welfare Act, 1982
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —In this Act—
“the Amendment Act of 1981” means the Social Welfare (Amendment) Act, 1981 ;
“the Principal Act” means the Social Welfare (Consolidation) Act, 1981 .
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paragraphs: —(1) The Principal Act (as amended by the Amendment Act of 1981 and varied by the Social Welfare (Variation of Rates of Payments) Regulations, 1981 ( S.I. No. 312 of 1981 )) is hereby amended by the substitution for the Second Schedule to that Act of the Schedule set out in Schedule A to this Act.
(2) Section 21 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):
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paragraphs: —(1) The Principal Act (as amended by the Amendment Act of 1981 and varied by the Social Welfare (Variation of Rates of Payments) Regulations, 1981 ( S.I. No. 312 of 1981 )) is hereby amended by the substitution for the Fourth Schedule to that Act of the Schedule set out in Schedule B to this Act.
(2) Section 139 of the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (b):
“(b) the appropriate amount set out in column (4), (4a), (5) or (5a) of that Part in respect of each qualified child who normally resides with the applicant or recipient.”.
(3) Section 161 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):
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paragraphs: —(1) Sections 161 (2) and 178 (2) of the Principal Act are hereby amended by the substitution of the following paragraph for paragraph (b):
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paragraphs: —(1) Section 10 (1) of the Principal Act (as amended by the Amendment Act of 1981) is hereby amended by the substitution of the following paragraphs for paragraphs (b) and (c):
“(b) Subject to paragraphs (c) and (d) of this subsection, to subsection (7) and to regulations under section 7, where in any contribution year a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable an employment contribution comprising—
(i) a contribution by the employed contributor at the rate of 5.5 per cent., and
(ii) a contribution by his employer at the rate of 11.3 per cent.,
of the amount of the reckonable earnings to which such payment relates.
(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £9,500 and contributions under paragraph (b) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor in that contribution year.”.
(2) Section 11 (1) of the Principal Act (as amended by the Amendment Act of 1981) is hereby amended by the substitution of the following paragraph for paragraph (b):
“(b) A percentage rate for the purpose of paragraph (a) (i) shall be—
(i) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are not reckonable for the purposes of old age (contributory) pension, 2.6 per cent.,
(ii) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are reckonable for the purposes of old age (contributory) pension, 6.6 per cent., and
(iii) in the case of a person to whom subsection (2) applies and who, by virtue of compliance with that subsection, continues to be a voluntary contributor, 4.0 per cent.”.
(3) This section shall come into operation on the 6th day of April, 1982.
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paragraphs: —Rule 1(4) of the Third Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (i):
“(i) in the case of a person who is not a blind person, and who has a qualified child or qualified children who normally resides or reside with him, all earnings derived by him from his personal exertions except and in so far as the annual amount of such earnings is calculated to exceed £104 (or for the purposes of widow's (non-contributory) pension, £312) for each such child.”.
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paragraphs: —(1) Section 91 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (3):
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paragraphs: —Section 136(3) of the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (d):
“(d) in the case of a married woman either—
(i) that her husband is a dependant of her,
or
(ii) that she is not a dependant of her husband.”.
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paragraphs: —Section 308 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):
“(1) Notwithstanding anything in this Act or in any regulations made under this Act, the Minister may by regulations increase temporarily or vary all or any of the rates of benefit, allowance, pension or assistance.”.
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paragraphs: —Each provision of the Principal Act mentioned in column (1) of the Table to this section is hereby amended in the manner stated in column (2) of that Table opposite the mention of that provision in column (1).
TABLE
Provision Amended
Nature of Amendment
(1)
(2)
Section 2 (1)
The substitution in the definition of “adult dependant” of the following paragraph for paragraph (c):
“(c) a female person over the age of 16 years being wholly or mainly maintained by that person and having the care of one or more than one qualified child who normally resides with that person where that person is—
(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, such married person's spouse;”
Section 3 (4) (a)
The deletion of “16,”.
Section 132 (3)
The substitution of “section 15” for “section 14”.
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paragraphs: —(1) This Act may be cited as the Social Welfare Act, 1982.
(2) The Principal Act and this Act shall be construed as one.
(3) The Principal Act, the Amendment Act of 1981 and this Act may be cited together as the Social Welfare Acts, 1981 and 1982.