Social Welfare Act, 1975
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 1960” means the Social Welfare (Amendment) Act, 1960 ;
“the Act of 1966” means the Social Welfare (Occupational Injuries) Act, 1966 ;
“the Act of 1969” means the Social Welfare (Miscellaneous Provisions) Act, 1969 ;
“the Act of 1970” means the Social Welfare Act, 1970 ;
“the Act of 1973” means the Social Welfare Act, 1973 ;
“the Act of 1974” means the Social Welfare (No. 2) Act, 1974 ;
“the Minister” means the Minister for Social Welfare.
num: 2
paragraphs: —(1) Section 77 of the Act of 1952 is hereby amended by—
(a) the substitution for subsection (2) (inserted by the Act of 1974) of the following subsection:
“(2) (a) A pension shall, in lieu of any other rate, be—
(i) where the weekly means of the claimant or pensioner do not exceed £15—at the rate set out in Table A to this subsection,
(ii) where the weekly means of the claimant or pensioner exceed £15—at the rate at which, in accordance with that Table, the pension would be payable if the weekly means of the claimant or pensioner exceeded £14 but did not exceed £15, less £1 for each amount (if any) of £1 by which those weekly means exceed £15, any fraction of £1 in those weekly means being treated for this purpose as £1; provided that if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50 new pence, the pension shall not be payable,
(iii) where the pensioner has attained the age of 80 years—at the rate of pension payable to him in accordance with subparagraph (i) or (ii) of this paragraph plus 70 new pence,
and the rate of pension so determined shall be increased, where the pensioner is one of a married couple, by the amount set out in Table B to this subsection—
(A) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1975, or
(B) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1975.
(b) For the purposes of this subsection, weekly means shall be the yearly means divided by fifty-two.
TABLE A
RATE OF PENSION
Weekly Rate
Means of claimant or pensioner
Claimant or pensioner, no qualified child
Claimant or pensioner, one qualified child
Claimant or pensioner, two or more qualified children
(1)
(2)
(3)
(4)
£
£
£
Where the weekly means of the claimant or pensioner—
do not exceed £6
8·85
11·20
13·55
}
Plus, where there are more than two qualified children, £1·80 for each qualified child in excess of two.
exceed £6 but do not exceed £7
7·85
10·20
12·55
exceed £7 but do not exceed £8
6·85
9·20
11·55
exceed £8 but do not exceed £9
5·85
8·20
10·55
exceed £9 but do not exceed £10
4·85
7·20
9·55
exceed £10 but do not exceed £11
3·85
6·20
8·55
exceed £11 but do not exceed £12
2·85
5·20
7·55
exceed £12 but do not exceed £13
1·85
4·20
6·55
exceed £13 but do not exceed £14
0·85
3·20
5·55
exceed £14 but do not exceed £15
no pension
2·20
4·55
TABLE B
INCREASE FOR AN ADULT DEPENDANT
Means of claimant or pensioner
Weekly rate of increase
£
Where the weekly means of the claimant or pensioner—
do not exceed £6
4·40
exceed £6 but do not exceed £7
3·90
exceed £7 but do not exceed £8
3·40
exceed £8 but do not exceed £9
2·90
exceed £9 but do not exceed £10
2·40
exceed £10 but do not exceed £11
1·90
exceed £11 but do not exceed £12
1·40
exceed £12 but do not exceed £13
0·90
exceed £13 but do not exceed £14
0·40
exceed £14
Nil
”
and
(b) the substitution in subsection (5) (inserted by the Act of 1969) of “four pounds, ninety-five new pence” for “four pounds, fifteen new pence” (inserted by the Act of 1974).
(2) Section 8 of the Old Age Pensions Act, 1924 (as amended by the Act of 1974) is hereby amended by the substitution of “seven hundred and twenty-eight pounds” for “five hundred and ninety-eight pounds” in subsection (1) (i).
(3) This section shall come into operation on the 4th day of April, 1975.
num: 3
paragraphs: —(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1974) there is hereby substituted the Schedule to this section.
(2) This section shall come into operation on the 2nd day of April, 1975.
num: 4
paragraphs: —(1) Subsection (1) (inserted by the Act of 1974) of section 20 of the Act of 1935 is hereby amended by the substitution of the following subsection:
“(1) (a) A widow's (non-contributory) pension shall, subject to the provisions of this Act, be—
(i) where the weekly means of the widow do not exceed £15—at the rate set out in Table B to this subsection, and
(ii) where the weekly means of the widow exceed £15—at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means exceeded £14 but did not exceed £15, less £1 for each amount (if any) of £1 by which those weekly means exceed £15, any fraction of £1 in those weekly means being treated for this purpose as £1; provided that if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50 new pence, the pension shall not be payable.
(b) For the purposes of this subsection, weekly means shall be the yearly means divided by fifty-two.
TABLE B
WEEKLY RATES OF WIDOWS' (NON-CONTRIBUTORY) PENSIONS
Means of Widow
Widow, no qualified child
Widow, one qualified child
Widow, two or more qualified children
(1)
(2)
(3)
(4)
£
£
£
Where the weekly means of the widow—
do not exceed £6
8·85
11·80
14·75
}
Plus, where there are more than two qualified children, £2·95 for each qualified child in excess of two.
exceed £6 but do not exceed £7
7·85
10·80
13·75
exceed £7 but do not exceed £8
6·85
9·80
12·75
exceed £8 but do not exceed £9
5·85
8·80
11·75
exceed £9 but do not exceed £10
4·85
7·80
10·75
exceed £10 but do not exceed £11
3·85
6·80
9·75
exceed £11 but do not exceed £12
2·85
5·80
8·75
exceed £12 but do not exceed £13
1·85
4·80
7·75
exceed £13 but do not exceed £14
0·85
3·80
6·75
exceed £14 but do not exceed £15
no pension
2·80
5·75
”.
(2) This section shall come into operation on the 3rd day of April, 1975, in the case of allowances payable by virtue of section 22 of the Act of 1970, section 8 of the Act of 1973 or section 9 of the Act of 1974, and on the 4th day of April, 1975, in all other cases.
num: 5
paragraphs: —(1) For the purpose of applying the weekly rates specified in the Tables inserted by sections 2 and 4 of this Act (or in any Tables subsequently substituted for those Tables) to a case where the weekly means of the claimant or pensioner are or include means assessed in accordance with paragraph (I) of Rule 1 of the Rules as to Calculation of Means contained in the Seventh Schedule to the Act of 1952, the weekly means shall, subject to subsection (2) of this section, be taken to be increased by £1.
(2) Subsection (1) of this section shall not apply where the weekly means assessed as specified in that subsection are less than £1.
num: 6
paragraphs: —(1) Section 25 (inserted by section 5 of the Act of 1973) of the Act of 1935 is hereby amended by the substitution for the Table (inserted by the Act of 1974) to subsection (1) of the Table to this section.
(2) This section shall come into operation on the 4th day of April, 1975.
TABLE
WEEKLY RATES OF ORPHANS' (NON-CONTRIBUTORY) PENSIONS
Means of Orphan
Weekly Rates
Where the weekly means of the orphan—
£
do not exceed £1
5·75
exceed £1 but do not exceed £2
4·75
exceed £2 but do not exceed £3
3·75
exceed £3 but do not exceed £4
2·75
exceed £4 but do not exceed £5
1·75
exceed £5 but do not exceed £6
0·75
exceed £6
No pension
num: 7
paragraphs: —(1) Section 6 (inserted by section 3 of the Social Welfare (Children's Allowances) Act, 1952 ) of the Children's Allowances (Amendment) Act, 1946 , is hereby amended by the substitution for subsection (1) (inserted by the Act of 1974) of the following subsection:—
“(1) Subject to the provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1975, and of the regulations thereunder, a person who is found to be qualified for a children's allowance shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly allowance at the rate of—
(a) £2.30 where he is qualified in respect of one qualified child,
(b) £5.90 where he is qualified in respect of two qualified children,
(c) £10.25 where he is qualified in respect of three or more qualified children, plus £4.35 in respect of each qualified child in excess of three. ”.
(2) This section shall come into operation on the 1st day of April, 1975.
num: 8
paragraphs: —(1) Section 8 of the Act of 1974 is hereby amended by the substitution of the Table to this section for the Table to that section.
(2) This section shall come into operation on the 3rd day of April, 1975.
TABLE
RATE OF SINGLE WOMAN'S ALLOWANCE
Means of claimant or beneficiary
Weekly Rate
£
Where the weekly means of the claimant or beneficiary—
do not exceed £1
7·70
exceed £1 but do not exceed £2
6·70
exceed £2 but do not exceed £3
5·70
exceed £3 but do not exceed £4
4·70
exceed £4 but do not exceed £5
3·70
exceed £5 but do not exceed £6
2·70
exceed £6 but do not exceed £7
1·70
exceed £7 but do not exceed £8
0·70
exceed £8
no allowance
num: 9
paragraphs: —(1) Section 21 (1) of the Act of 1970, which provides for old age (care) allowance, is hereby amended by the substitution of “£4.95” for “£4.15” (inserted by the Act of 1974).
(2) This section shall come into operation on the 3rd day of April, 1975.
num: 10
paragraphs: —(1) Each of the following provisions is hereby amended by the substitution of “sixty-seven” for “sixty-eight” (inserted by the Act of 1974) where it occurs:—
(a) section 2 (1) of the Old Age Pensions Act, 1908,
(b) section 6 of the Old Age Pensions Act, 1932 ,
(c) section 10 (3) (b) of the Act of 1933,
(d) sections 21 (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1964 ), 22 (1) and 36 (a) (i) of the Act of 1935, and
(e) sections 80 (2) and 81 (1) of the Act of 1952.
(2) Section 2 (1) of the Act of 1952 is hereby amended by the substitution of “sixty-seven” for “sixty-eight” (inserted by the Act of 1974) in the definition of “pensionable age”.
(3) Section 81 (1) of the Act of 1952 (as amended by this Act) is hereby amended by the substitution of “sixty-seventh anniversary” for “sixty-eighth anniversary” (inserted by the Act of 1974).
(4) In the case of a person who attains the age of 56 years on or after the 1st day of April, 1975—
num: 11
paragraphs: —(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1974) of the following Part:
“PART I
RATES OF PERIODICAL BENEFITS AND OF INCREASES THEREOF
Description of benefit
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)
Increase for adult dependant under section 26 (4) (where payable)
(1)
(2)
(3)
(4)
(5)
(6)
£
£
£
£
£
num: 1
paragraphs: Disability Benefit and Unemployment Benefit:
(a) in the case of persons over the age of eighteen—
(i) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband or married woman entitled to an increase for a qualified child or qualified children or for a husband
9·40
6·10
2·65
2·20
—
(ii) for any other married woman
8·20
—
—
—
—
(b) in the case of persons under the age of eighteen—
(i) where the person is entitled to an increase for a qualified child or qualified children or for an adult dependant
9·40
6·10
2·65
2·20
—
(ii) where the person is not so entitled
8·20
—
—
—
—
num: 2
paragraphs: Invalidity Pension:
(a) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband or married woman entitled to an increase for a qualified child or qualified children or for a husband
9·40
6·10
2·65
2·20
4·95
(b) for any other married woman
8·20
—
—
—
4·95
num: 3
paragraphs: Maternity Allowance
9·40
—
—
—
—
num: 4
paragraphs: Widow's (Contributory) Pension:
(a) in the case of persons under the age of eighty
9·50
—
3·15
3·15
4·95
(b) in any other case
10·20
—
3·15
3·15
4·95
num: 5
paragraphs: Deserted Wife's Benefit
9·50
—
3·15
3·15
4·95
num: 6
paragraphs: Orphan's (Contributory) Allowance
6·90
—
—
—
—
num: 7
paragraphs: Retirement Pension and Old Age (Contributory) Pension:
(a) in the case of persons under the age of eighty
10·50
6·65
2·65
2·20
4·95
(b) in any other case
11·10
6·65
2·65
2·20
4·95
(c) additional increase for an adult dependant who has attained pensionable age
—
1·25
—
—
—
”
(2) This section shall come into operation—
(a) in so far as it relates to disability benefit, unemployment benefit and maternity allowance, on the 7th day of April, 1975,
(b) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 3rd day of April, 1975, and
(c) in so far as it relates to any other benefit, on the 4th day of April, 1975.
num: 12
paragraphs: —(1) Section 5 of the Social Welfare (Miscellaneous Provisions) Act, 1967 , is hereby amended by the substitution for the Table to subsection (2) (amended by the Act of 1974) of the Table to this section.
(2) This section shall come into operation on the 7th day of April, 1975.
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
7·85
—
2·35
1·80
Any other person
7·70
5·55
2·35
1·80
num: 13
paragraphs: —(1) (a) The Second Schedule to the Act of 1952 is hereby amended by the substitution, for the rate of contribution specified in each paragraph mentioned in column (1) of the Table to this subsection, of the rate specified in column (2) of that Table opposite that mention in column (1).
(b) This subsection shall come into operation on the 7th day of April, 1975.
num: 14
paragraphs: —(1) Section 6 of the Act of 1952 is hereby amended by the substitution for subsection (2) (inserted by the Act of 1960) of the following subsection:
“(2) Voluntary contributions shall be weekly contributions which shall be paid by voluntary contributors who are under pensionable age at the rate of—
(a) £0.83 for each contribution week where, immediately before ceasing to be employed contributors, they were insurably employed in employment in respect of which the employment contributions payable are not reckonable for the purposes of old age (contributory) pension, and
(b) £2.17 for each contribution week where, immediately before ceasing to be employed contributors, they were insurably employed in employment in respect of which the employment contributions payable are reckonable for the purposes of old age (contributory) pension,
in the case both of male voluntary contributors and female voluntary contributors. ”
(2) This section shall come into operation on the 7th day of April, 1975.
num: 15
paragraphs: —(1) The Act of 1966 is hereby amended as follows:
(a) in section 8 (3) (a) “£10.20” shall be substituted for “eight pounds and forty new pence” (inserted by the Act of 1974);
(b) in section 8 (3) (b) “£13.10” shall be substituted for “ten pounds and eighty new pence” (inserted by the Act of 1974);
(c) in section 9 (7) (a) “£900” shall be substituted for “seven hundred and forty pounds” (inserted by the Act of 1974);
(d) the Table to this paragraph shall be substituted for Table I to section 9 (8) (as amended):
TABLE I
Degree of disablement
Weekly Rate
£
100 per cent
13·10
90 ” ”
11·79
80 ” ”
10·48
70 ” ”
9·17
60 ” ”
7·86
50 ” ”
6·55
40 ” ”
5·24
30 ” ”
3·93
20 ” ”
2·62
(e) the Table to this paragraph shall be substituted for Table II to section 9 (8) (as amended):
TABLE II
Degree of disablement
Weekly Rate
£
100 per cent
10·20
90 ” ”
9·18
80 ” ”
8·16
70 ” ”
7·14
60 ” ”
6·12
50 ” ”
5·10
40 ” ”
4·08
30 ” ”
3·06
20 ” ”
2·04
(f) in section 9 (9) (b) (ii) “£2.62” shall be substituted for “£2.16” and “£2.04” for “£1.68” (inserted by the Act of 1974);
(g) in section 10 (1) “£6.10” shall be substituted for “five pounds and five new pence” (inserted by the Act of 1974);
(h) in section 11 (1) “£2.65” shall be substituted for “two pounds and twenty new pence” (inserted by the Act of 1974) and “£2.20” shall be substituted for “one pound and eighty new pence” (inserted by the Act of 1974);
(i) in section 12 (1) (a) “£8.20” shall be substituted for “six pounds and fifty-five new pence” (inserted by the Act of 1974);
(j) in section 12 (1) (b) “£9.40” shall be substituted for “seven pounds and seventy-five new pence” (inserted by the Act of 1974);
(k) in section 13 (1) “£4.95” shall be substituted for “£4.15” (inserted by the Act of 1974) and “£10” shall be substituted for “eight pounds and thirty new pence” (inserted by the Act of 1974);
(l) in section 15 (1) (a) (i) “£10.20” shall be substituted for “eight pounds and forty new pence” (inserted by the Act of 1974);
(m) in section 15 (1) (a) (ii) “£13.10” shall be substituted for “ten pounds and eighty new pence” (inserted by the Act of 1974);
(n) in sections 17 (2) and 18 (2) “£12.30” shall be substituted for “ten pounds and fifteen new pence” (inserted by the Act of 1974);
(o) in section 18 (3) “£639” shall be substituted for “five hundred and twenty-eight pounds” (inserted by the Act of 1974);
(p) in section 19 “£3.15” shall be substituted for “two pounds and fifty-five new pence” (inserted by the Act of 1974) in each place where it occurs;
(q) in section 20 “£5.45” shall be substituted for “four pounds and fifty new pence” (inserted by the Act of 1974) in each place where it occurs and “£12.30” shall be substituted for “ten pounds and fifteen new pence” (inserted by the Act of 1974) in each place where it occurs;
(r) in section 21 (2) “£7.35” shall be substituted for “six pounds and five new pence” (inserted by the Act of 1974);
(s) in section 25 (3) (a) “£2.04” shall be substituted for “one pound and sixty-eight new pence” (inserted by the Act of 1974);
(t) in section 25 (3) (b) “£2.62” shall be substituted for “two pounds and sixteen new pence” (inserted by the Act of 1974), and
(u) in sections 36 (2) (b) and 36 (3), “12p” shall be substituted for “11p” (inserted by the Act of 1970), and “9p” shall be substituted for “8p” (inserted by the Act of 1970).
(2) Subsections (1) (n), (1) (o), (1) (p), (1) (q) and (1) (r) of this section shall come into operation on the 4th day of April, 1975, and the remaining provisions of subsection (1) shall come into operation on the 7th day of April, 1975.
num: 16
paragraphs: —(1) Notwithstanding anything in the Old Age Pensions Acts, 1908 to 1975, the Unemployment Assistance Acts, 1933 to 1975, the Widows' and Orphans' Pensions Acts, 1935 to 1975, the Social Welfare Acts, 1952 to 1975, or in any regulations made under any of those Acts, the Minister, with the consent of the Minister for Finance, may by regulations vary all or any of the rates of benefit, allowance, pension or assistance payable under any of those Acts.
(2) Regulations under subsection (1) of this section shall not so vary the rate of any benefit, allowance, pension or assistance as to reduce the amount of such benefit, allowance, pension or assistance payable at the commencement of the regulations.
(3) Regulations under subsection (1) of this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either House within the next 21 days on which that House has sat after the regulations have been laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
num: 17
paragraphs: —(1) This section applies to a person who—
(a) on the 31st day of March, 1974, was a voluntary contributor entitled to pay voluntary contributions at the rate specified in section 6 (2) (b) of the Act of 1952, and
num: 18
paragraphs: —(1) Where a local authority is satisfied that not less than one-half of the children attending a national school situated outside the authority's functional area reside either in that area or outside that area but in dwellings owned or provided by the authority, the local authority may determine that the Education (Provision of Meals) Acts, 1914 to 1930, shall apply to that national school as if it were situated in the authority's functional area.
(2) A local authority may revoke a determination under subsection (1) of this section.
(3) The making or revoking of a determination under subsection (1) of this section shall be a reserved function for the purposes of the County Management Acts, 1940 to 1972, and for the purposes of the Acts relating to the management of county boroughs.
(4) In this section “local authority” means a body which is a local authority either within the meaning of the Education (Provision of Meals) Acts, 1914 to 1930, or for the purposes of those Acts.
num: 19
paragraphs: —(1) This Act may be cited as the Social Welfare Act, 1975.
(2) This Act—
(a) in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1974, shall be construed as one with those Acts and may be cited together with them as the Old Age Pensions Acts, 1908 to 1975,
(b) in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1974, shall be construed as one with those Acts and may be cited together with them as the Unemployment Assistance Acts, 1933 to 1975,
(c) in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1974, shall be construed as one with those Acts and may be cited together with them as the Widows' and Orphans' Pensions Acts, 1935 to 1975,
(d) in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1974, 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 1975,
(e) in so far as it amends and extends the Social Welfare Acts, 1952 to 1974, shall be construed as one with those Acts and may be cited together with them as the Social Welfare Acts, 1952 to 1975.
(3) This Act in so far as it extends the Education (Provision of Meals) Acts, 1914 to 1930, and the Social Welfare (Miscellaneous Provisions) Act, 1957 in so far as it amends and extends those Acts, shall be construed as one with those Acts and may be cited together with them as the Education (Provision of Meals) Acts, 1914 to 1975.