Social Welfare (Miscellaneous Provisions) Act, 1968
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 1964” means the Social Welfare (Miscellaneous Provisions) Act, 1964 ;
“the Act of 1966” means the Social Welfare (Miscellaneous Provisions) Act, 1966 ;
“the Act of 1967” means the Social Welfare (Miscellaneous Provisions) Act, 1967 .
num: 3
paragraphs: —(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1967) there is hereby substituted the following:
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paragraphs: —(1) In the Table to section 5 (2) of the Act of 1967, for the rates set forth therein there are hereby substituted the rates set forth in the Table to this section.
(2) Subsection (1) of this section shall come into operation on the 1st day of August, 1968.
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
54s. 6d.
—
12s. 6d.
7s. 6d.
Any other person
51s. 6d.
46s. 0d.
12s. 6d.
7s. 6d.
num: 5
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) (b) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1962 ) of the following:
“(b) (i) where the yearly means of the widow as duly calculated do not exceed one hundred and eighty-two pounds and fifteen shillings, at the rate set forth in Table B to this subsection, and
(ii) where the yearly means of the widow as duly calculated exceed one hundred and eighty-two pounds and fifteen shillings, at the rate at which the pension would be payable if the yearly means of the widow as duly calculated exceeded one hundred and sixty-nine pounds and fifteen shillings but did not exceed one hundred and eighty-two pounds and fifteen shillings, less five shillings for each amount (if any) of thirteen pounds by which the said yearly means exceed one hundred and eighty-two pounds and fifteen shillings, any fraction of thirteen pounds being treated for this purpose as thirteen pounds; provided that if the rate calculated pursuant to this paragraph, at which, but for this provision, the pension would be payable is less than six shillings a week, the pension shall not be payable,”
and
(b) the substitution for Table B (inserted by the Act of 1967) of the following Table:
“TABLE B
Weekly Rates of Widows' (Non-Contributory) Pensions
Means of Widow
Widow, no qualified child
Widow, one qualified child
Widow, two qualified children
(1)
(2)
(3)
(4)
s.
d.
s.
d.
s.
d.
Where the yearly means of the widow, as duly calculated:—
Are Nil
63
6
76
0
88
6
}
Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed Nil but do not exceed £26 5s. 0d.
58
6
71
0
83
6
exceed £26 5s. 0d. but do not exceed £52 10s. 0d.
53
6
66
0
78
6
exceed £52 10s. 0d. but do not exceed £65 10s. 0d.
48
6
61
0
73
6
exceed £65 10s. 0d. but do not exceed £78 10s. 0d.
43
6
56
0
68
6
exceed £78 10s. 0d. but do not exceed £104 15s. 0d.
38
6
51
0
63
6
exceed £104 15s. 0d. but do not exceed £117 15s. 0d.
33
6
46
0
58
6
exceed £117 15s. 0d. but do not exceed £130 15s. 0d.
28
6
41
0
53
6
exceed £130 15s. 0d. but do not exceed £143 15s. 0d.
23
6
36
0
48
6
exceed £143 15s. 0d. but do not exceed £156 15s. 0d.
18
6
31
0
43
6
exceed £156 15s. 0d. but do not exceed £169 15s. 0d.
13
6
26
0
38
6
exceed £169 15s. 0d. but do not exceed £182 15s. 0d.
8
6
21
0
33
6
”
(2) Subsection (1) of this section shall come into operation on the 2nd day of August, 1968.
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paragraphs: —(1) In the Table to section 25 (inserted by section 106 of the Act of 1952) of the Act of 1935, for the rates (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1965 ) set forth therein there are hereby substituted the rates set forth in the Table to this section.
(2) Subsection (1) of this section shall come into operation on the 2nd day of August, 1968.
TABLE
Weekly Rates of Orphans' (Non-contributory) Pensions
Means of orphan
Weekly rates
Where the yearly means of the orphan as duly calculated—
s.
d.
do not exceed £6 12s. 6d.
27
6
exceed £6 12s. 6d. but do not exceed £13 2s. 6d.
23
6
exceed £13 2s. 6d. but do not exceed £19 12s. 6d.
19
6
exceed £19 12s. 6d. but do not exceed £26 5s. 0d.
15
6
exceed £26 5s. 0d. but do not exceed £32 17s. 6d.
11
6
exceed £32 17s. 6d. but do not exceed £39 10s. 0d.
7
6
exceed £39 10s. 0d.
No pension
num: 7
paragraphs: —(1) Section 6 (2) (inserted by the Act of (1960) of the Act of 1952 is hereby amended by—
(a) the substitution of “four shillings and sevenpence” for “four shillings and one penny” (inserted by the Act of 1967) in paragraph (a),
and
(b) the substitution of “nine shillings and fourpence” for “eight shillings and twopence” (inserted by the Act of 1967) in paragraph (b).
(2) Subsection (1) of this section shall come into operation on the 6th day of January, 1969.
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paragraphs: —Section 12 (1) of the Act of 1952 is hereby amended by the addition after subparagraph (e) of the following:
“or
(f) persons employed in voluntary hospitals to which grants are paid from the Hospitals Trust Fund in recoupment of revenue deficits, or
(g) persons employed by voluntary organisations which are providing district nursing services.”.
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paragraphs: —(1) Section 26 of the Act of 1952 is hereby amended by the insertion of the following subsection after subsection (3) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1963 ):
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paragraphs: —(1) Section 77 of the Act of 1952 is hereby amended by the addition thereto of the following subsection:
“(3) (a) The weekly rate of old age pension shall be increased by forty-five shillings for any period during which—
(i) the pensioner is so incapacitated as to require full-time care and attention,
(ii) there is residing with the pensioner for the purpose of providing that care and attention a prescribed female relative of the pensioner, and
(iii) the pensioner, but for the residence of the prescribed female relative, would be living either alone or with another adult (or other adults) who is (or all of whom are) unable to provide that care and attention, the residence in the household of a qualified child or qualified children being disregarded for the purpose of this subparagraph.
(b) Not more than one increase of pension shall be payable under this subsection or under section 26 (4) of the Act of 1952 (inserted by section 9 of the Social Welfare (Miscellaneous Provisions) Act, 1968) in respect of any prescribed female relative.
(c) An application for an increase of pension under this subsection shall be decided by a deciding officer appointed by the Minister under section 41 of this Act.
(d) An increase of pension under this subsection shall not be payable in respect of a prescribed female relative except where—
(i) she left insurable employment for the purpose of residing with the pensioner to provide full-time care and attention, and
(ii) she had not less than 156 employment contributions paid in respect of that employment since the beginning of the period of the last five complete contribution years preceding the date on which she left that employment.”.
(2) Subsection (1) of this section shall come into operation on the 3rd day of January, 1969.
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paragraphs: —(1) (a) The Second Schedule to the Act of 1952 is hereby amended by—
(i) the substitution of “10s. 8d.” for “9s. 0d.” (inserted by the Act of 1967) and “9s. 7d.” for “7s. 11d.” (inserted by the Act of 1967) in paragraph 1 (a),
(ii) the substitution of “10s. 8d.” for “9s. 0d.” (inserted by the Act of 1967) and “10s. 4d.” for “8s. 8d.” (inserted by the Act of 1967) in paragraph 1 (b),
(iii) the substitution of “8s. 5d.” for “6s. 9d.” (inserted by the Act of 1967) in paragraphs 2 (a) and (b),
(iv) the substitution in paragraph 2 A (inserted by the Act of 1966) of “6s. 8d.” for “5s. 5d.” (inserted by the Act of 1967) in subparagraph (a) and “7s. 10d.” for “6s. 6d.” (inserted by the Act of 1967) in subparagraph (b),
(v) the substitution of “5s. 10d.” for “4s. 8d.” (inserted by the Act of 1967) in paragraph 3 (a) and “6s. 10d.” for “5s. 7d.” (inserted by the Act of 1967) in paragraph 3 (b),
(vi) the substitution in paragraph 3 A (inserted by the Act of 1960) of “7s. 5d.” for “6s. 2d.” (inserted by the Act of 1967) in subparagraph (a) and “8s. 7d.” for “7s. 3d.” (inserted by the Act of 1967) in subparagraph (b),
(vii) the substitution in paragraph 4 (inserted by the Regulations of 1956) of “2s. 3d.” for “2s. 0d.” (inserted by the Act of 1967) in subparagraph (a) and “2s. 4d.” for “2s. 1d.” (inserted by the Act of 1967) in subparagraph (b),
(viii) the substitution of “2s. 3d.” for “2s. 0d.” (inserted by the Act of 1967) in paragraph 5 (b) (inserted by the Regulations of 1956),
(ix) the substitution in paragraph 6 (inserted by the Regulations of 1956) of “8s. 11d.” for “7s. 3d.” (inserted by the Act of 1967) in subparagraph (a) and “10s. 4d.” for “8s. 8d.” (inserted by the Act of 1967) in subparagraph (b), and
(x) the substitution in paragraph 7 (inserted by the Regulations of 1956) of “8s. 11d.” for “7s. 3d.” (inserted by the Act of 1967) in subparagraph (a) and “9s. 5d.” for “7s. 9d.” (inserted by the Act of 1967) in subparagraph (b).
(b) In this subsection “the Regulations of 1956” means the Social Welfare (Modifications of Insurance) Regulations, 1956 .
(2) Subsection (1) of this section shall come into operation on the 6th day of January, 1969.
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paragraphs: —(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1967) 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)
shillings
shillings
shillings
shillings
shillings
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
65
52½
15½
10½
—
(ii) for any other married woman
52½
—
—
—
—
(b) in the case of persons under the age of eighteen—
where the person is entitled to an increase for a qualified child or qualified children or for an adult dependant
65
52½
15½
10½
—
where the person is not so entitled
52½
—
—
—
—
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paragraphs: Maternity Allowance
67½
—
—
—
—
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paragraphs: Widow's (Contributory) Pension:
where the widow is entitled to an increase for a qualified child or qualified children
67½
—
15½
10½
45
where the widow is not so entitled
65
—
—
—
45
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paragraphs: Orphan's (Contributory) Allowance
42½
—
—
—
—
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paragraphs: Old Age (Contributory) Pension
72½
60
15½
10½
45
”
(2) Subsection (1) of this section shall come into operation—
(a) in so far as it relates to disability benefit, unemployment benefit and maternity allowance, on the 6th day of January, 1969, and
(b) in so far as it relates to widow's (contributory) pension, orphan's (contributory) allowance and old age (contributory) pension, on the 3rd day of January, 1969.
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paragraphs: —(1) Notwithstanding anything in the Seventh Schedule to the Act of 1952, the amount of any allowance, special allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1968, or pension under the Military Service (Pensions) Acts, 1924 to 1964, arising out of service in the period commencing on the 23rd day of April, 1916, and ending on the 30th day of September, 1923, or pension under the Connaught Rangers (Pensions) Acts, 1936 to 1964, shall be disregarded in the calculation of means under the Old Age Pensions Acts, 1908 to 1968, and the Widows' and Orphans' Pensions Acts, 1935 to 1968, and in the calculation of the sum of £165 mentioned in Rule 3 (1) (c) (as amended by the Social Welfare (Miscellaneous Provisions) Act, 1961 ) of the said Seventh Schedule.
(2) The Act of 1933 is hereby amended by the insertion in section 13 (1) (b) (ix) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1960 ) after “£80 per year” of “in the case of an allowance, dependant's allowance, disability pension or wound pension under the said Army Pensions Acts, not being a pension or allowance under those Acts and arising out of service in the period commencing on the 23rd day of April, 1916, and ending on the 30th day of September, 1923”.
(3) Notwithstanding anything in the Old Age Pensions Acts, 1908 to 1968, the rate of old age pension payable by virtue of anything in subsection (1) of this section to a person already in receipt of such a pension at the passing of this Act may be reviewed and determined by a deciding officer appointed by the Minister for Social Welfare under section 41 of the Act of 1952.
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paragraphs: —(1) The Social Welfare (Occupational Injuries) Act, 1966 , is hereby amended by—
(a) the substitution in sections 10 (1) and 12 (1) (a) of “fifty-two shillings and sixpence” for “forty shillings”,
(b) the substitution in sections 11 (1) and 19 of “fifteen shillings and sixpence” for “thirteen shillings” and of “ten shillings and sixpence” for “eight shillings”, and
(c) the substitution in section 12 (1) (b) of “sixty-five shillings” for “fifty-two shillings and sixpence”.
(2) Subsection (1) of this section shall in so far as it amends section 19 of the Social Welfare (Occupational Injuries) Act, 1966 , come into operation on the 3rd day of January, 1969, and in so far as it amends sections 10, 11 and 12 of that Act on the 6th day of January, 1969.
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paragraphs: —(1) Section 13 of the Act of 1966 shall not during the relevant period operate to permit a person to receive a non-contributory old age pension in respect of that period or any part thereof solely because, by virtue of the increases in the rates of such pension under section 2 of this Act, the rate of such pension payable to that person would be greater than the rate of old age (contributory) pension or widow's (contributory) pension to which that person is entitled or greater than the rate of increase of old age (contributory) pension payable in respect of that person.
(2) The regulations made under section 32 of the Act of 1952 (as amended by section 7 of the Act of 1966) and for the time being in force shall not during the relevant period operate to permit a widow to receive a widow's (non-contributory) pension in respect of that period or any part thereof solely because, by virtue of the increases in the rates of such pension under section 5 of this Act, the rate of such pension payable to her would be greater than the rate of widow's (contributory) pension payable to her.
(3) In this section “relevant period” means the period commencing on the 2nd day of August, 1968, and ending on the 2nd day of January, 1969.
num: 16
paragraphs: —(1) An employr's redundancy contributions (within the meaning of section 27 of the Redundancy Payments Act, 1967 ) and an employee's redundancy contributions (within the meaning of the said section 27) payable in respect of any period commencing on or after the 6th day of January, 1969, shall be deemed to be employment contributions.
num: 17
paragraphs: —(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1968.
(2) This Act, in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1967, shall be construed as one therewith and may be cited together therewith as the Old Age Pensions Acts, 1908 to 1968, and in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1967, shall be construed as one therewith and may be cited together therewith as the Unemployment Assistance Acts, 1933 to 1968, and in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1967, shall be construed as one therewith and may be cited together therewith as the Widows' and Orphans' Pensions Acts, 1935 to 1968, and in so far as it amends and extends the Social Welfare Acts, 1952 to 1967, shall be construed as one therewith and may be cited together therewith as the Social Welfare Acts, 1952 to 1968.