Social Welfare (Amendment) Act, 1981
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —This Act may be cited as the Social Welfare (Amendment) Act 1981, and shall be construed as one with the Social Welfare (Consolidation) Act. 1981.
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paragraphs: —In this Act “the Principal Act” means the Social Welfare (Consolidation) Act. 1981.
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paragraphs: —(1) The Principal Act is hereby amended by the substitution for Parts I, II, III, IV and V of the Second Schedule to that Act of the Parts set out in Schedule A to this Act.
(2) This section shall come into operation—
(a) in so far as it relates to disability benefit, unemployment benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 6th day of April, 1981.
(b) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 2nd day of April, 1981, and
(c) in so far as it relates to death benefits under sections 50, 51 and 52 of the Principal Act, old age (contributory) pension, widow's (contributory) pension and orphan's (contributory) allowance, on the 3rd day of April, 1981.
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paragraphs: —(1) The Principal Act is hereby amended by the substitution for Parts I, III and IV of the Fourth Schedule to that Act of the Parts set out in Schedule B to this Act.
(2) This section shall come into operation—
(a) in so far as it relates to unemployment assistance, on the 1st day of April, 1981.
(b) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension and orphan's (non-contributory) pension, on the 3rd day of April, 1981,
(c) in so far as it relates to deserted wife's allowance, prisoner's wife's allowance, social assistance allowance and single woman's allowance, on the 2nd day of April, 1981,
(d) in so far as it relates to supplementary welfare allowance, on the 6th day of April, 1981, and
(e) in so far as it relates to children's allowances, on the 1st day of July, 1981.
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paragraphs: —(1) Section 10 (1) of the Principal Act is hereby amended by the substitution of—
(a) “3.75 per cent.” for “3.5 per cent.” and “9.55 per cent.” for “8.5 per cent.” in paragraphs (b) (i) and (b) (ii), respectively, and
(b) “£8,500” for “£7,000” in paragraph (c).
(2) Section 11 (1) of the Principal Act is hereby amended by the substitution of “2 per cent.” for “1.8 per cent.”, “5.2 per cent.” for “4.7 per cent.” and “3.2 per cent.” for “2.9 per cent.” in paragraphs (b) (i), (b) (ii) and (b) (iii), respectively.
(3) Section 65 of the Principal Act is hereby amended by the substitution of “0.3 per cent.” for “0.45 per cent.” in subsection (2) (a) (ii).
(4) This section shall come into operation on the 6th day of April, 1981.
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paragraphs: —(1) Section 72 of the Principal Act is hereby amended by the deletion of all the words from “and which is not earlier” to the end of subsection (1) and the substitution therefor of the following:
“and which is not earlier than the 13th day of incapacity for work in a period of incapacity for work (within the meaning of section 18 (4)) or which is not earlier than the 13th day of unemployment, as the case may be, in the period of interruption of employment: provided that, where a period of incapacity for work is not separated by more than 3 days from a preceding day of unemployment in respect of which pay-related benefit was payable, that benefit shall be payable from the 13th day of incapacity for work in the period of interruption of employment or from the first day of that period of incapacity for work, whichever is the later.”,
and that subsection, as so amended, is set out in the Table to this section.
(2) Section 72 of the Principal Act is hereby further amended by the substitution for subsection (2) of the following subsection:
“(2) For the purposes of this section, any day in respect of which a person is entitled to maternity allowance shall be treated as a day of incapacity for work, and a period of incapacity for work and a subsequent period in respect of which maternity allowance is payable which form part of the same period of interruption of employment shall be treated as one period of incapacity for work.”.
(3) Section 74 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
“(2) In calculating for the purposes of section 73 and this section 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 of only—
(a) the first 12 days of incapacity for work in that period and any day of incapacity for work in that period in respect of which that person was entitled to pay-related benefit or would have been so entitled but for any condition prescribed for the purpose of section 73,
(b) the first 12 days of unemployment in that period and any day of unemployment in that period in respect of which that person was entitled to pay-related benefit or would have been so entitled but for any condition prescribed for the purpose of section 73.”.
(4) Subsection (1) of this section shall not apply to periods of incapacity for work commencing before the 6th day of April, 1981.
TABLE
(1) Subject to this Chapter, a person who had reckonable earnings in the relevant income tax year shall be entitled to pay-related benefit in respect of any day which—
(a) is a day of incapacity for work which forms part of a period of interruption of employment and in respect of which the person is entitled to disability benefit or maternity allowance or in respect of which the person would be entitled to benefit of either of those descriptions but for the fact that injury benefit is payable to the person under Chapter 5 in respect of that day, or
(b) is a day of unemployment which forms part of a period of interruption of employment and in respect of which the person is entitled to unemployment benefit,
and which is not earlier than the 13th day of incapacity for work in a period of incapacity for work (within the meaning of section 18 (4)) or which is not earlier than the 13th day of unemployment, as the case may be, in the period of interruption of employment: provided that, where a period of incapacity for work is not separated by more than 3 days from a preceding day of unemployment in respect of which pay-related benefit was payable, that benefit shall be payable from the 13th day of incapacity for work in the period of interruption of employment or from the first day of that period of incapacity for work, whichever is the later.
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paragraphs: —(1) Section 73 of the Principal Act is hereby amended by the deletion of all the words from “exceeds £14” to the end of the section and the substitution therefor of the following:
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paragraphs: —(1) Section 159 of the Principal Act is hereby amended by the substitution for subsections (2) and (3) of the following subsection:
“(2) Subject to section 163 (2), an old age pension shall not be paid to or in respect of any person during any period for which the person is resident outside the State.”.
(2) Sections 159 (1) (b) and 175 (1) (b) of the Principal Act are hereby repealed.
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paragraphs: —Section 24 of the Principal Act is hereby amended by—
(a) the substitution for subsection (2) of the following subsection:
“(2) Subject to the following provisions of this section, the period for which maternity allowance is payable shall be—
(a) the period of maternity leave to which a woman is entitled by virtue of section 8 of the Maternity Protection of Employees Act, 1981 (including any extension of that period by virtue of section 12 of that Act) or
(b) in the case of a woman not so entitled to maternity leave, the period of 12 weeks beginning with the 6th week before the end of the expected week of confinement, but—
(i) if the woman who is entitled to the allowance dies, the allowance shall not be payable for any subsequent week,
(ii) if the date of the confinement occurs after the expected week of confinement, the allowance shall, subject to subparagraph (i), be payable until the expiration of the 6th week after the week in which that date occurs.”; and
(b) the addition of the following subsection:
“(5) For the purpose of subsection (2) (a) (inserted by the Social Welfare (Amendment) Act, 1981), where the employment ceases (whether due to the death of the employer or otherwise) during the period of maternity leave, the woman shall continue to be treated as if the event which caused the cesser of employment had not occurred.”.
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paragraphs: —Section 25 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
“(1) The contribution conditions for maternity allowance are—
(a) (i) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period beginning with her entry into insurance and ending immediately before the relevant time, and
(ii) that the claimant has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in a subsequent complete contribution year before the relevant time; or
(b) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the 12 months immediately preceding the first day of a period of maternity leave to which she is entitled by virtue of section 8 of the Maternity Protection of Employees Act, 1981 .
In paragraph (a) “relevant time” means the date of commencement of the 6th week before the end of the expected week of confinement or, in the case of a claimant entitled to maternity leave by virtue of the said section 8 , the first day of that leave.”.
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paragraphs: —(1) The Principal Act is hereby amended by the substitution for section 75 of the following section:
“75. (1) Notwithstanding any other provision in this Chapter, additional benefit (by way of pay-related benefit) shall be paid to a woman entitled to maternity allowance under paragraph (a) of section 24 (2) (inserted by the Social Welfare (Amendment) Act, 1981) to provide that the weekly aggregate of the maternity allowance, pay-related benefit (if any) otherwise payable under the other provisions of this Chapter and such additional benefit will be an amount equal to—
(a) 80% of her reckonable weekly earnings in the income tax year prescribed for the purpose of this section, or
(b) 80% of such amount as may be prescribed as the average reckonable weekly earnings of women in that year,
whichever is the greater.
(2) The percentage specified in subsection (1) may be varied by regulations having regard to such matters as—
(a) movements in the annual average earnings of women, and
(b) the imposition or variation of statutory deductions from or charges on earnings.”.
(2) Section 3 (4) (a) of the Principal Act is hereby amended by the insertion of “75 (2),” after “73,”.
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paragraphs: —Sections 34 (5), 34 (8), 131 (3) and 131 (4) of the Principal Act are hereby repealed.
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paragraphs: —Section 45 (2) (a) (which relates to occupational injuries benefit) of the Principal Act is hereby amended by the deletion of “£234 in a year” and the substitution therefor of “such amount as may be prescribed”.
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paragraphs: —(1) Section 50 of the Principal Act is hereby amended by the addition of the following subsection:
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paragraphs: —(1) Section 81 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
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paragraphs: —(1) Section 86 of the Principal Act is hereby amended by the addition of the following subsection:
“(5) In determining the weekly rate of retirement pension payable to a widow, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.”.
(2) Section 91 of the Principal Act is hereby amended by the addition of the following subsection:
“(5) In determining the weekly rate of invalidity pension payable to a widow, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.”.
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paragraphs: —Section 135 (1) of the Principal Act is hereby amended by the addition of “‘trade dispute’ has the meaning assigned by section 35 (6)”.
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paragraphs: —Section 144 of the Principal Act is hereby amended by the addition of the following subsections:
“(5) Where an offence under this Chapter or under regulations made under this Chapter is committed by a body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body corporate or was purporting to act in any such capacity shall also be guilty of that offence.
(6) It shall be a good defence to a prosecution for an offence under subsection (5) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.
(7) Any summons or other document required to be served for the purpose of proceedings under this Chapter on a body corporate may be served—
(a) by leaving it at or sending it by post to the registered office of the body corporate,
(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or
(c) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.”.
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paragraphs: —Section 305 of the Principal Act (which relates to means for the purposes of the Debtors Act (Ireland), 1872 ) is hereby amended by the deletion of “with the exception of assistance under Chapters 2 and 3 of Part III”.
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paragraphs: —Section 269 of the Principal Act (which relates to the Supplementary Unemployment Fund) is hereby amended by the substitution for subsections (4) and (5) of the following subsections:
“(4) Any moneys forming part of the Fund may from time to time be paid over to the Minister for Finance and by him invested and kept invested at his discretion on behalf of the Fund and income arising from any such investment shall be paid into the Fund.
(5) An investment under subsection (4) may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.”.