Social Welfare Act, 1992
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Social Welfare Act, 1992.
(2) The Social Welfare Acts, 1981 to 1991, and this Act, other than Part X shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1992.
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paragraphs: —In this Act—
“the Principal Act” means the Social Welfare (Consolidation) Act, 1981 ;
“the Act of 1981” means the Social Welfare (Amendment) Act, 1981 ;
“the Act of 1990” means the Social Welfare Act, 1990 ;
“the Act of 1991” means the Social Welfare Act, 1991 ;
“the Pensions Act” means the Pensions Act, 1990 .
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paragraphs: —(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 3 of the Act of 1991 and amended by subsection (1) of section 35 ) of the Second Schedule thereto 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, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 27th day of July, 1992,
(b) in so far as it relates to unemployment benefit, deserted wife's benefit, invalidity pension and retirement pension, on the 30th day of July, 1992,
(c) in so far as it relates to death benefit under section 50, 51 or 52 of the Principal Act, old age (contributory) pension, survivor's benefit, widow's (contributory) pension and orphan's (contributory) allowance, on the 31st day of July, 1992.
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paragraphs: —(1) The Principal Act is hereby amended by the substitution for Parts I and III (inserted by section 4 of the Act of 1991 ) of the Fourth Schedule thereto 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 supplementary welfare allowance, on the 27th day of July, 1992,
(b) in so far as it relates to unemployment assistance, on the 29th day of July, 1992,
(c) in so far as it relates to pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, single woman's allowance, lone parent's allowance (other than lone parent's allowance payable in respect of a widow or widower) and carer's allowance, on the 30th day of July, 1992, and
(d) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension, lone parent's allowance payable in respect of a widow or widower and orphan's (non-contributory) pension, on the 31st day of July, 1992.
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paragraphs: —(1) Section 91 of the Principal Act is hereby amended by the insertion after subsection (5) (inserted by section 16 of the Act of 1981 ) of the following subsection:
“(6) The weekly rate of invalidity pension shall be increased by £4.20 where the beneficiary has attained the age of 80 years.”.
(2) Subsection (1) shall come into operation on the 9th day of April, 1992.
(3) Section 91 of the Principal Act is hereby further amended by the substitution for subsection (6) (inserted by subsection (1)) of the following subsection:
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paragraphs: —(1) The Principal Act is hereby amended by the substitution for section 232B (inserted by section 7 of the Act of 1991 ) of the following section:
“Entitlement to family income supplement.
232B.—Subject to this Part, an allowance (in this Part referred to as ‘family income supplement’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—
(a) in the case of a family which includes only one child, £155, or
(b) in the case of a family which includes two children, £175, or
(c) in the case of a family which includes three children, £195, or
(d) in the case of a family which includes four children, £215, or
(e) in the case of a family which includes five children, £240, or
(f) in the case of a family which includes six children, £260, or
(g) in the case of a family which includes seven children, £277, or
(h) in the case of a family which includes eight or more children, £294.”.
(2) This section shall come into operation on the 30th day of July, 1992.
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paragraphs: —(1) Section 10 (1) of the Principal Act is hereby amended by—
(a) the substitution in paragraph (c) of “£20,300” for “£19,300” (inserted by section 12 of the Act of 1991 ), and
(b) the substitution in paragraph (cc) of “£19,000” for “£18,000” (inserted by section 12 of the Act of 1991 ).
(2) This section shall come into operation on the 6th day of April, 1992.
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paragraphs: —(1) Section 17C (inserted by section 13 of the Act of 1991 ) of the Principal Act is hereby amended by the substitution in paragraph (d) of “£19,000” for “£18,000”.
(2) This section shall come into operation on the 6th day of April, 1992.
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paragraphs: —(1) Section 73 of the Principal Act is hereby amended by the substitution of “£78” for “£75” (inserted by section 16 of the Act of 1991 ).
(2) This section shall have effect in relation to any period of interruption of employment commencing on or after the 6th day of April, 1992.
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paragraphs: —(1) Section 78 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:
“(3) In this Chapter—
‘yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either—
(a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of July, 1953, in case the claimant is a woman, or
(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of July, 1953, in the case of a woman),
(whichever is the later) and ending at the end of the last complete contribution year before the date of his attaining pensionable age;
‘alternative yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining pensionable age.”.
(2) Section 79 of the Principal Act is hereby amended by—
(a) the substitution for paragraph (c) of subsection (1) of the following paragraph:
“(c) that the claimant has a yearly average or an alternative yearly average of not less than 48.”, and
(b) the substitution for subsections (7) and (8) of the following subsections:
“(7) Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48.
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paragraphs: —(1) Section 83 of the Principal Act is hereby amended by the substitution for subsection (4) of the following subsection:
“(4) In this Chapter—
‘yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either—
(a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of July, 1953, in case the claimant is a woman, or
(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of July, 1953, in the case of a woman),
(whichever is the later) and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years;
‘alternative yearly average’ means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years.”
(2) Section 84 of the Principal Act is hereby amended by—
(a) the substitution for paragraph (c) of subsection (1) of the following paragraph:
“(c) that the claimant has a yearly average or an alternative yearly average of not less than 48.”, and
(b) the substitution for subsections (4) and (5) of the following subsections:
“(4) Subject to subsection (5), regulations may provide for entitling to retirement pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48.
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paragraphs: —Section 92 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
“(1) Subject to this Act, a widow shall be entitled to a widow's (contributory) pension—
(a) if the contribution conditions set out in section 93 are satisfied by her or by her husband's insurance, or
(b) if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 81 (1) or section 86 (1) in respect of a period ending on his death, or
(c) if her husband would have been entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 81 (1) or section 86 (1), but for the receipt by that woman of a pension under Chapter 3 of Part III or a carer's allowance under Chapter 5B of Part III in her own right, in respect of a period ending on his death.”.
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paragraphs: —(1) The Third Schedule to the Principal Act is hereby amended by the substitution for Rule 1A (inserted by section 35 of the Act of 1990 and in this section referred to as the “existing Rule”) of the following Rule:
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paragraphs: —Section 2 (2) of the Principal Act is hereby amended by the insertion after paragraph (d) of the following paragraph:
“(e) the circumstances in which a person is to be regarded as living alone shall be specified in regulations.”.
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paragraphs: —(1) Section 2 (1) of the Principal Act is hereby amended by—
(a) the substitution for the definition of “orphan” of the following definition:
“‘orphan’ means a qualified child—
(a) both of whose parents are dead, or
(b) one of whose parents is dead or unknown, as the case may be, and whose other parent—
(i) is unknown, or
(ii) has abandoned him, or
(iii) has refused or failed to provide for him,
where that child is not normally residing with a step-parent or with a person who is married to and living with that step-parent;”, and
(b) the substitution for subparagraph (ii) of paragraph (b) of the definition of “qualified child” (inserted by section 6 of the Act of 1991) of the following subparagraph:
“(ii) sections 50 (9), 52 (1), 81 (2), 86 (2), 91 (2), 95 (1), 96, 103 (1), 156B (1) (b), 161 (1), 178 (1), 182 (1), 198C (1), 1981(1) and 232A, and”.
(2) The following provisions of the Principal Act are hereby repealed:
(a) subsection (4) of section 52, and
(b) subsection (3) of section 97.
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paragraphs: —(1) Section 50 of the Principal Act is hereby amended by the substitution for subsection (9) (inserted by section 2 of the Social Welfare Act, 1982 ) of the following subsection:
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paragraphs: —The Principal Act is hereby amended by—
(a) the insertion in section 157 (as amended by section 7 of the Social Welfare Act, 1989 and section 16 of this Act) before the definition of “weekly means” of the following definition:
“‘spouse’ means each person of a married couple who are living together or a man and woman who are not married to each other but are cohabiting as man and wife;”, and
(b) the insertion in paragraph (d) (inserted by section 15 of the Social Welfare (No. 2) Act, 1985 ) of section 162 (1) after “or this Part” of “, subject to the restriction that the pensioner shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person”.
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paragraphs: —The Third Schedule to the Principal Act is hereby amended by—
(a) the insertion after paragraph (4) of Rule 1 of the following proviso:
“Provided that, where such income is attributable to a period prior to the year immediately preceding the date of calculation but is received in a subsequent year, it shall be regarded for the purposes of this paragraph as having been received in the year to which it is attributable.”,
(b) the insertion after paragraph (2) of Rule 2 of the following paragraph:
“(3) In the case of a person to whom paragraph (1) applies, where the income or the yearly value of the property taken to be part of his means for the purposes of that paragraph has reduced since the date of calculation, the calculation may be revised, subject to such conditions and in such circumstances as may be prescribed, but regulations made under this paragraph shall not cause the income or the yearly value of the property taken to be part of his means to be increased.”,
(c) the substitution for Rule 3 (as amended by section 18 of the Act of 1990) of the following Rule:
“3. (1) In the case of pensions under Chapter 3 or a carer's allowance under Chapter 5B of Part III, the following provisions shall have effect when calculating the means of a person who is one of a couple living together—
(a) the means of the person shall be taken to be one-half of the total means of the couple;
(b) the person shall be deemed to be entitled to one-half of all property to which the person or the other member of the couple is entitled or to which the person and the other member of the couple are jointly entitled;
(c) for the purposes of this Rule, the means of each member of the couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate or carer's allowance, as the case may be) and the total means shall be the sum of the means of each member as so determined;
(d) where one member of the couple dies, nothing which was reckoned for the purposes of pension, or would (if such deceased member had beenentitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period previous or part of which was previous to that death.
(2) In paragraph (1) ‘couple’ means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as man and wife.
(3) In calculating the means of a person who is one of a married couple living apart from his spouse, any sum paid by him to his spouse under a separation order shall be deducted in calculating his means.”, and
(d) the substitution for Rule 4 (as amended by section 13 of the Act of 1990) of the following Rule:
“4. Notwithstanding these Rules, where—
(a) a pension under Chapter 3, 4 or 5A of Part III is in course of payment to or in respect of a person or the spouse of the person or both of them, and
(b) a pension or pensions (in this Rule referred to as ‘the other pension’), not being a pension or pensions mentioned in paragraph (a), is in course of payment to or in respect of the person or the spouse of the person or both of them,
in calculating the means of the person or of the spouse or of both of them for the purposes of Chapter 3, 4 or 5A (as the case may require) of Part III, any portion of the amount of an increase in the other pension or the aggregate increase, where more than one increase in the other pension has occurred, which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount by which the other pension has been increased, shall not be reckoned as means.”.
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paragraphs: —(1) The Principal Act is hereby amended by the substitution for Chapter 3 of Part II of the following Chapter:
“CHAPTER 3
Maternity Allowance
Title to and duration of allowance.
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paragraphs: —(1) Subject to this Act, a woman shall be entitled to a maternity allowance if—
(a) it is certified by a registered medical practitioneror otherwise to the satisfaction of the Minister that it is to be expected that she will be confined in a week specified in the certificate (hereafter in this section referred to as ‘the expected week of confinement’), not being more than the prescribed number of weeks after that in which the certificate is given, and
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paragraphs: —Section 314 (1) (inserted by section 12 of the Social Welfare Act, 1989 ) of the Principal Act is hereby amended by—
(a) the insertion after the definition of “allowance” of the following definitions:
“‘antecedent order’ means—
(a) an order under section 316 (4),
(b) an order under section 316 (5) (insofar as it isdeemed to be an order under section 17 of the Enforcement of Court Orders Act, 1926 ), or
(c) an order under section 316 (5) (insofar as it is deemed to be an order under section 5 of the Enforcement of Court Orders Act, 1940 );
‘attachment of earnings order’ means an order under section 316A;”,
(b) the insertion after the definition of “competent authority” of the following definition:
“‘earnings’ means any sums payable to a person—
(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service),
(b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);”, and
(c) the substitution for the definition of “order of the Court” of the following definition:
“‘order of the Court’ means a maintenance order, a lump sum order, a variation order or an interim order under the Act of 1976, an order under section 10 of that Act or an order of the Court made on foot of a separation agreement.”.
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paragraphs: —Section 316 (inserted by section 12 of the Social Welfare Act, 1989 ) of the Principal Act is hereby amended by—
(a) the insertion in subsection (2) after “subsection (1)” of “(subsequently referred to in this Part as the ‘liable relative’)”,
(b) the substitution in subsections (2), (3) and (4) for “the person liable to contribute” of “the liable relative” in each place in which it occurs,
(c) the substitution in subsection (4) for “the person so liable” of “the liable relative”, and
(d) the insertion after subsection (4) of the following subsections:
“(5) An order made by the District Court under subsection (4) shall, for the purposes of its variation or enforcement, be deemed to be an order for payment by instalments made under section 17 of the Enforcement of Court Orders Act, 1926 , and the said section 17 shall be construed accordingly.
(6) The District Court may, on the application of either the liable relative or the competent authority, vary in accordance with the provisions of section 5 of the Enforcement of Court Orders Act, 1940 , an order made by it under subsection (4) and the said section 5 shall, with any necessary modifications, be construed accordingly:
Provided that any such application made by either party be notified to the other party in advance.
(7) The District Court may, on application by the competent authority in whose favour an order was made under subsection (4) for an order for the arrest and imprisonment of the debtor under section 6 of the Enforcement of Court Orders Act, 1940 , proceed in accordance with the provisions of the said section 6.
(8) The provisions of—
(a) section 4 (1) (inserted by section 3 (3) of the Courts (No. 2) Act, 1986 ) of the Enforcement of Court Orders Act, 1940 (which relates to the duration of instalment orders), and
(b) section 5 (4) (inserted by section 3 of the Courts (No. 2) Act, 1986 ) of the Enforcement of Court Orders Act, 1940 (which relates to the duration of variation orders),
shall not apply to orders made under subsection (4) of this section.”.
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paragraphs: —The Principal Act is hereby amended by the insertion after section 316 (inserted by section 12 of the Social Welfare Act, 1989 ) of the following sections:
“Attachment of earnings order.
316A.—(1) (a) On application to the District Court by a competent authority on whose application the District Court has made an antecedent order, the Court may, to secure payments under the antecedent order, if it is satisfied that the liable relative is a person to whom earnings fall to be paid, make an attachment of earnings order.
(b) References in paragraph (a) to an antecedent order made by the District Court shall include references to such an order made, varied or affirmed on appeal from that Court.
(2) An attachment of earnings order shall be an order directed to a person who (at the time of the making of the order or at any time thereafter) has the liable relative in his employment and shall operate as a direction to that person to make, at such times as may be specified in the order, periodical deductions of such amounts (specified in the order) as may be appropriate, having regard to the normal deduction rate (within the meaning of subsection (4) (a)) and the protected earnings rate (within the meaning of subsection (4) (b)), from the liable relative's earnings and to pay theamounts deducted at such times as the Court may order to the District Court clerk specified by the attachment of earnings order for transmission to the person or competent authority entitled to receive payments made under the relevant antecedent order.
(3) An attachment of earnings order shall not be made without the consent of the liable relative, unless the District Court is satisfied that the liable relative has, without reasonable excuse, defaulted in the making of any payment under the relevant antecedent order.
(4) An attachment of earnings order shall—
(a) specify the normal deduction rate, that is to say, the rate at which the District Court considers it reasonable that the earnings to which the order relates should be applied in satisfying the relevant antecedent order, not exceeding the rate appearing to the District Court to be necessary for the purpose of—
(i) securing payment of the sums falling due from time to time under the relevant antecedent order, and
(ii) securing payment within a reasonable period of any sums already due and unpaid under the relevant antecedent order,
(b) specify the protected earnings rate, that is to say, the rate below which, having regard to the resources and the needs of the liable relative, the District Court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order, and
(c) contain, so far as they are known to the District Court, such particulars as it considers appropriate for the purpose of enabling the liable relative to be identified by the person to whom the order is directed.
(5) Payments under an attachment of earnings order shall be in lieu of payments of the like total amount under the relevant antecedent order that have not been made and that, but for the attachment of earnings order, would fall to be made under the relevant antecedent order.
Obligations on employer in relation to attachment of earnings order.
316B.—(1) Where an attachment of earnings order or an order varying it is made, the employer for the time being affected by it shall, if it has been served upon him, comply with it; but he shallbe under no liability for non-compliance therewith before ten days have elapsed since the service.
(2) Where an attachment of earnings order is served on any person and the liable relative is not in his employment or the liable relative subsequently ceases to be in his employment, that person shall (in either case) within ten days from the date of service or, as the case may be, the cesser, give notice of that fact to the District Court.
(3) On any occasion when a person makes, in compliance with an attachment of earnings order, a deduction from a liable relative's earnings, he shall give to the liable relative a statement in writing of the total amount of the deduction.
(4) Such court registrar or court clerk as may be specified by an attachment of earnings order shall cause the order to be served on the employer to whom it is directed and on any subsequent employer of the liable relative concerned of whom the registrar or clerk so specified becomes aware and such service may be effected by leaving the order or a copy of the order at, or sending the order or a copy of the order by registered prepaid post to, the residence or place of business in the State of the person to be served.
Payments under attachment of earnings order.
316C.—Any payments made to a District Court clerk under an attachment of earnings order shall, when transmitted by him to the competent authority entitled to receive those payments, be deemed to be payments made by the liable relative so as to discharge any sums payable under the relevant antecedent order.
Powers of District Court.
316D.—(1) In relation to an attachment of earnings order or an application for such an order, the District Court that made the order or to which the application is made may, before or at the hearing or while the order is in force—
(a) order the liable relative to give to the District Court, within a specified period, a statement in writing signed by him containing—
(i) the name and address of any person by whom earnings are paid to him,
(ii) specified particulars as to his earnings and expected earnings and as to his resources and needs, and
(iii) specified particulars for enabling the liable relative to be identified by any employer of his, and
(b) order that any person appearing to the District Court to have the liable relative in his employment to give to theCourt, within a specified period, a statement signed by that person, or on his behalf, containing specified particulars of the liable relative's earnings and expected earnings.
(2) Notice of an application for an attachment of earnings order served on a liable relative may include a requirement that he shall give to the District Court, within the period and in the manner specified in the notice, a statement in writing of the matters referred to in paragraph (a) of subsection (1) and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order.
(3) In any proceedings in relation to an attachment of earnings order, a statement given to the District Court in compliance with an order under paragraph (a) or (b) of subsection (1) or with a requirement under subsection (2) shall be admissible as evidence of the facts stated therein, and a document purporting to be such a statement shall be deemed, unless the contrary is shown, to be a statement so given.
Changes in employment.
316E.—Where an attachment of earnings order is in force—
(a) the liable relative shall notify in writing the District Court that made the order of every occasion on which he leaves any employment, or becomes employed or re-employed, not later (in each case) than ten days from the date on which he does so,
(b) the liable relative shall, on any occasion on which he becomes employed or re-employed, include in his notification under paragraph (a) particulars of his earnings and expected earnings from the relevant employment,
(c) any person who becomes an employer of the liable relative and knows that the order is in force and by what Court it was made shall, within ten days of his becoming the liable relative's employer or of acquiring that knowledge (whichever is the later), notify the District Court in writing that he is the liable relative's employer, and include in his notification a statement of the liable relative's earnings and expected earnings, and
(d) any person who is an employer of the liable relative and knows that the order is in force and by what Court it was made shall, within ten days of such occurence notify the competent authority and the District Court in writing of any increase in earnings paid to the liable relative.
Determinations by District Court.
316F.—(1) Where an attachment of earnings order is in force, the District Court that made the order shall, on the application of the employer concerned or the liable relative or competent authority to whom payments are being made under the order, determine whether payments (or any portions thereof) to the liable relative of a particular class or description specified by the application are earnings for the purpose of the order, and the employer shall give effect to any determination for the time being in force under this section.
(2) Where an application under this section is made by the employer, he shall not incur any liability for non-compliance with the order as respects any payments (or any portions thereof) of the class or description specified by the application which are made by him to the liable relative while the application or any appeal in consequence thereof or any decision in relation to the application or appeal is pending, but the foregoing provisions of this subsection shall not, unless the District Court otherwise orders, apply as respects such payments (or any portions thereof) if the employer subsequently withdraws the application or, as the case may be, abandons the appeal.
Liable relative in service of State.
316G.—(1) Where a liable relative is in the service of the State, a local authority for the purposes of the Local Government Act, 1941 , a harbour authority within the meaning of the Harbours Act, 1946 , a health board, a vocational education committee established by the Vocational Education Act, 1930 , or a committee of agriculture established by the Agriculture Act, 1931 , or is a member of either House of the Oireachtas—
(a) in a case where a liable relative in the service of the State is employed in a department, office, organisation, service, undertaking or other body, its chief officer (or such other officer as the Minister of the Government by whom the department, office, organisation, service, undertaking or other body is administered by may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his employment,
(b) in a case where a liable relative is in the service of such an authority, board or committee, its chief officer shall, for the purposes of this Act, be regarded as having the liable relative in his employment,
(c) in any other case, where a liable relative is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary of the Department of Finance (or such other officer of the Minister for Finance as that Minister may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his employment, and
(d) any earnings of a liable relative paid out of the Central Fund or out of moneys provided by the Oireachtas shall be regarded as paid by the chief officer referred to in paragraph (a) or (b), as the case may be, the Secretary of the Department of Finance or such other officer as may be designated under paragraph (a) or (c), as the case may be, as may be appropriate.
(2) If any question arises in proceedings for or arising out of an attachment of earnings order as to what department, office, organisation, service, undertaking or other body a liable relative in the service of the State is employed in for the purposes of this section, the question may be referred to and determined by the Minister for Finance.
(3) A document purporting to contain a determination of the Minister for Finance under subsection (2) and to be signed by an officer of the Minister for Finance shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination.
(4) In this section references to a liable relative in the service of the State shall include references to a liable relative to whom earnings are paid directly out of moneys provided by the Oireachtas.
Discharge, variation or lapse of attachment of earnings order.
316H.—(1) The District Court that made an attachment of earnings order may, if it thinks fit, on the application of the competent authority, the liable relative, or the District Court clerk on whose application the order was made, make an order discharging or varying that order.
(2) Where an order varying an attachment of earnings order is made under this section, the employer shall, if it has been served upon him, comply with it, but he shall be under no liability for non-compliance before ten days have elapsed since the service.
(3) Where an employer affected by an attachment of earnings order ceases to have the liable relative in his employment, the order shall, in so far as that employer is concerned, lapse (except as respects deductions from earnings paid after the cesser by that employer and payment to the person in whose favour the order was made of deductions from earnings made at any time by that employer).
(4) The lapse of an order under subsection (3) shall not prevent its remaining in force for other purposes.
Cesser
316I.—(1) An attachment of earnings order shall cease to have effect upon the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge.
(2) Where an attachment of earnings order ceases to have effect, the clerk or registrar of the court that made the order shall give notice of the cesser to the employer.
Offences.
316J.—(1) When, without reasonable excuse, a person—
(a) fails to comply with subsection (1) or (2) of section 316B or section 316E or an order under section 316D or section 316H (2), or
(b) gives to a court a statement pursuant to section 316D (1), or a notification under section 316E, that is false or misleading, or fails to give any statement,
and the competent authority as a result fails to obtain a sum of money due under an attachment of earnings order, that sum may be sued for as a simple contract debt in any court of competent jurisdiction by the competent authority or the District Court clerk to whom such sum falls to be paid, and that court may order the person to pay to the competent authority or the District Court clerk, as appropriate, such amount (not exceeding the sum aforesaid) as in all the circumstances the court considers proper for distribution in such manner and in such amounts as the court may specify to the competent authority for whose benefit the attachment of earnings order was made.
(2) Where a person gives to a court—
(a) a statement pursuant to section 316D, or
(b) a notification under section 316E,
that is to his knowledge false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both. (3) A person who contravenes section 316B (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.”.
num: 23
paragraphs: —Section 318 (inserted by section 12 of the Social Welfare Act, 1989 ) is hereby amended by—
(a) the deletion in subsection (1) of “Subject to subsection (2),”,
(b) the substitution for subsection (2) of the following subsection:
“(2) A person who claims a benefit or allowance may be required by the competent authority to consent to the transfer to the competent authority of payments made to that person in compliance with an order of the court, such transfer to be conditional on the award of benefit or allowance to that person.”, and
(c) the substitution in subsection (3) for “subsections (1) and (2)” of “subsection (1)”.
num: 24
paragraphs: —Section 319 (inserted by section 12 of the Social Welfare Act, 1989 ) of the Principal Act is hereby amended by the substitution in subsections (1), (2) and (3) for “a person liable to contribute under section 316 (1)” of “a liable relative” in each place in which it occurs.
num: 25
paragraphs: —(1) Section 100 of the Principal Act is hereby amended by—
(a) the insertion in subsection (1) after paragraph (b) of the following paragraph:
“(bb) does not have an aggregate of reckonable income and reckonable earnings in excess of a prescribed amount in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate,”, and
(b) the substitution for subsection (2) of the following subsection:
“(2) The circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband shall be specified in regulations.”.
(2) Paragraph (a) of subsection (1) shall not apply to any claim for deserted wife's benefit made before the commencement of this section.
(3) This section shall come into operation on such day as the Minister may appoint by order.
num: 26
paragraphs: —(1) Section 101 of the Principal Act is hereby amended by—
(a) the substitution for subsection (2) of the following subsection:
“(2) In this section ‘relevant time’ means—
(a) the date on which the husband attained pensionable age or the date before he attained that age on which he and his spouse are determined to have commenced living apart from one another, or
(b) if the conditions are being satisfied on the woman's insurance record—
(i) if she attained pensionable age before the date on which she is determined to have commenced living apart from her husband, the date on which she attained that age, or
(ii) the date on which she is determined to have commenced living apart from her husband.”, and
(b) the substitution for subsections (4) and (5) of the following subsections:
“(4) Subject to subsection (5), regulations may provide for entitling to deserted wife's benefit a woman who would be entitled thereto but for the fact that—
(a) she has an aggregate of reckonable income and reckonable earnings, in excess of an amount prescribed for the purposes of section 100 (1) (bb) in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, or
(b) the contribution condition set out in subsection (1) (b) is not satisfied.
num: 27
paragraphs: —(1) The Principal Act is hereby amended by the substitution for Chapter 2 (in this section referred to as “the existing Chapter”) of Part III of the following Chapter:
“CHAPTER 2
Unemployment Assistance
Interpretation.
num: 135
paragraphs: —(1) In this Chapter—
‘recipient’ means a person entitled to unemployment assistance;
‘social welfare officer’ means a person appointed by the Minister under section 141 (1) to be a social welfare officer for the purposes of this Chapter;
‘trade dispute’ has the meaning assigned to it by section 35 (6);
‘weekly means’ shall be the yearly means divided by 52:
Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.
(2) In this Chapter references to means shall be construed as references to means as calculated in accordance with section 146.
Entitlement to unemployment assistance.
num: 136
paragraphs: —(1) Subject to this Act, a person shall be entitled to unemployment assistance in respect of any day of unemployment in a continuous period of unemployment if—
(a) he has attained the age of 18 years and has not attained pensionable age,
(b) he has made application for unemployment assistance in the prescribed manner and within the prescribed time,
(c) he proves unemployment in the prescribed manner,
(d) he is capable of work,
(e) he is, or by reason of his participation in an activity prescribed for the purposes of this subsection and, subject to such conditions as may be prescribed, is deemed to be, or is exempted from being required to be, available for employment,
(f) he is genuinely seeking, but is unable to obtain, employment suitable for him having regard to his age, sex, physique, education, normal occupation, place of residence and family circumstances, and
(g) he satisfies the conditions as to means specified for the purposes of this Chapter.
(2) (a) A person shall not be entitled to unemployment assistance for the first 3 days of unemployment in any continuous period of unemployment.
(b) No unemployment assistance shall be paid for any period less than one day.
(c) For the purposes of this section, any period prior to the relevant date of application for unemployment assistance shall not be reckoned as, or as part of, a continuous period of unemployment.
(d) Any period during which a person is disqualified for receiving unemployment assistance shall not be reckoned in the computation of any continuous period of unemployment of such person.
(3) For the purposes of this Chapter, any 3 days of unemployment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a continuous period of unemployment, and any two such periods not separated by more than 52 weeks shall be treated as one continuous period of unemployment, and references in thisChapter to being continuously unemployed or continuous unemployment shall be construed accordingly.
(4) Sunday shall not be treated as a day of unemployment and shall be disregarded in computing any period of consecutive days.
(5) Notwithstanding subsection (3), any period of continuous—
(a) employment under a scheme administered by an Foras Ã?iseanna Saothair and known as the Social Employment Scheme, or
(b) participation in a scheme administered by an Foras Ã?iseanna Saothair and known as the Enterprise Allowance Scheme, or
(c) participation in a scheme administered by an Foras Ã?iseanna Saothair and known as the Alternance Scheme, or
(d) attendance at a training course provided or approved by an Foras Ã?iseanna Saothair, or
(e) employment under a scheme administered by an Foras Ã?iseanna Saothair and known as Teamwork, or
(f) participation in a scheme administered by the Minister for Social Welfare and known as the Part-Time Job Incentive Scheme, or
(g) participation in a scheme administered by the Minister for Education and known as the Vocational Training Opportunities Scheme, or
(h) participation in, employment under or attendance at a prescribed scheme or course,
shall be disregarded in treating, pursuant to subsection (3) of this section, any two continuous periods of unemployment not separated by more than 52 weeks as one continuous period of unemployment.
(6) Regulations may make provision as to the days which are or are not to be treated for the purposes of unemployment assistance as days of unemployment.
(7) Subsection (2) (a) shall not apply in relation to the payment of unemployment assistance to a person who ceased, not earlier than 52 weeks before the day in respect of which his application for unemployment assistance is made, to be entitled to unemployment benefit—
(a) by reason of having, by virtue of section 34, exhausted his entitlement to such benefit, or
(b) if the person is of or over 65 years of age, by reason of having failed to satisfy the contribution condition set out in section 30(1) (b).
(8) Subject to section 125, payment of unemployment assistance shall continue to be made for a period of 6 weeks after the date of death of a recipient who had an adult dependant.
(9) The amount payable by way of unemployment assistance for any day of unemployment shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.
Rates of unemployment assistance and effect of means on rates.
num: 137
paragraphs: —(1) Subject to this section and to sections 138 and 139, the rate (in this Chapter referred to as ‘the scheduled rate’) of unemployment assistance shall be—
num: 28
paragraphs: —(1) Section 29 of the Principal Act is hereby amended by the substitution for subsection (1) (as amended by section 50 of the Act of 1991 and in this section referred to as the “existing subsection”) of the following subsections:
“(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Part referred to as a ‘day of unemployment’) which forms part of a period of interruption of employment, if—
(a) he is under pensionable age on the day for which the benefit is claimed, and
(b) he proves unemployment in the prescribed manner, and
(c) he satisfies the contribution conditions in section 30, and
(d) he has sustained a substantial loss of employment in any period of 6 consecutive days.
(1A) The circumstances in which a person is to be regarded, for the purposes of this Chapter, as having sustained a substantial loss of employment shall be specified in regulations, and different circumstances may be specified for different provisions of this Chapter.”.
(2) Subsection (1) shall come into operation on such day or days as the Minister may appoint by order or orders and different days may be so appointed for the coming into operation of the subsection as respects different provisions of the subsections inserted in section 29 of the Principal Act by the subsection and where an order under this subsection relates to part or parts only of the said subsections, the order may provide for the repeal of specified provisions of the existing subsection on a specified day or days.
(3) Section 50 (1) of the Act of 1991 is hereby repealed.
num: 29
paragraphs: —(1) Subsection (3) (as amended by section 31 ) of section 35 of the Principal Act is hereby amended by—
(a) the insertion after paragraph (d) of the following paragraph:
“(e) being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts, 1967 to 1991, has been dismissed by his employer by reason of redundancy, has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of that redundancy under the said Acts or under an agreement with his employer,”, and
(b) the substitution for “failure or neglect” of “failure, neglect or redundancy”.
(2) This section shall come into operation on such day as the Minister may appoint by order.
num: 30
paragraphs: —Section 72 of the Principal Act is hereby amended by the substitution for subsection (3) (inserted by section 7 of the Social Welfare Act, 1983 ) of the following subsection:
“(3) Notwithstanding subsection (1), a person engaged in—
(a) short-time employment, or
(b) employment in a period of interruption of employment, in which for the time being, a number of days is systematically worked in a period of 4 consecutive weeks, which is less than the number of days which was normal in the employment concerned prior to the reduction in the number of days of employment:
Provided that the number of days worked is equal to, or exceeds half of the number of days which would have been normally worked in that four week period,
shall not be entitled to pay-related benefit for any day in respect of which he is entitled to unemployment benefit.”.
num: 31
paragraphs: —(1) Section 34 of the Principal Act is hereby amended by the insertion after subsection (10) (inserted by section 14 of the Social Welfare Act, 1989 ) of the following subsection:
“(11) For the purposes of this section, any period in respect of which a person is disqualified for receiving unemployment benefit by virtue of subsection (3) of section 35 shall be treated as though it were a period in respect of which unemployment benefit was paid.”.
(2) Section 35 of the Principal Act is hereby amended by the substitution in subsection (3) of “9 weeks” for “6 weeks”.
num: 32
paragraphs: —(1) Section 19 of the Principal Act is hereby amended by the substitution for subsection (1) (as amended by section 17 of the Act of 1991) of the following subsections:
“(1) The contribution conditions for disability benefit are—
(a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and
(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.
(1A) Regulations may provide for entitling to disability benefit, subject to such conditions as may be prescribed, such class or classes of persons as would be entitled thereto but for the fact that the requirement in paragraph (b) of subsection (1) that there must be qualifying contributions in respect of at least 13 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed is not satisfied.”.
(2) Subsection (1) of this section shall come into operation on such day as the Minister may appoint by order.
(3) Subsection (1) of this section shall not apply to any claim for disability benefit where the period of incapacity for work commences before the day appointed for the commencement of that subsection.
(4) Section 19 of the Principal Act is hereby further amended—
(a) by the substitution for subsection (1) (inserted by subsection(1) and in this section referred to as an “existing subsection”) of the following subsection:
“(1) The contribution conditions for disability benefit are—
(a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and
(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, and
(c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period.”, and
(b) by the substitution for subsections (4) and (5) (each of which is referred to in this section as an “existing subsection”) of the following subsections:
“(4) Subject to subsection (5), regulations may provide for entitling to disability benefit persons who would be entitled thereto but for the fact that the condition set out in subsection (1) (c) is not satisfied.
num: 33
paragraphs: —Section 22 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:
“(2A) For the purposes of this section, any period in respect of which a person is disqualified for receiving disability benefit by virtue of subsection (1) of section 23 shall be treated as though it were a period in respect of which disability benefit was paid.”.
num: 34
paragraphs: —(1) Section 72 of the Principal Act is hereby amended by—
(a) the substitution for subsection (1) (as amended by section 11 of the Social Welfare (No. 2) Act, 1987 ) of the following subsection:
“(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 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 19th day of unemployment in the period of interruption of employment.”, and
(b) the deletion of subsection (2).
(2) Section 73 (as amended by section 16 of the Act of 1991 and section 9 ) of the Principal Act is hereby amended by the deletion of “, for any part of that period up to the 393rd day of incapacity for work or”.
(3) The Principal Act is hereby amended by the substitution for section 74 of the following section:
“74. (1) In any period of interruption of employment a person shall not be entitled to pay-related benefit in respect of any day of unemployment after the 393rd day of unemployment in that period.
(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 unemployment, account shall be taken of only the first 18 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 purposes of section 73.”.
(4) This section shall come into operation on such day as the Minister may appoint by order.
(5) This section shall not apply to any period of interruption of employment in respect of incapacity for work in respect of which a person is in receipt of disability benefit (or would be in receipt of disability benefit but for the fact that injury benefit is payable to the person) and which commences before the date appointed for the commencement of this section.
num: 35
paragraphs: —(1) Part I (inserted by section 3 of the Act of 1991) of the Second Schedule to the Principal Act is hereby amended by the substitution for “£65” of “£50” in column (2) at reference 3.
(2) Subsection (1) shall come into operation on the 6th day of April, 1992.
(3) Notwithstanding subsection (1) of this section or section 3 , in the case of a person who is entitled to or in receipt of injury benefit immediately before the 6th day of April, 1992, the weekly rate of injury benefit (exclusive of any increase thereof) shall be £65 for the injury benefit period.
num: 36
paragraphs: —Section 198G (1) of the Principal Act is hereby amended by the substitution for the definition of “relevant pensioner” (inserted by section 8 of the Act of 1991) of the following definition:
“‘relevant pensioner’ means a person (other than a person in receipt of a payment in respect of need for constant attendance under section 46) who is so incapacitated as to require full-time care and attention, and who—
(a) is in receipt of—
(i) old age (contributory) pension,
(ii) invalidity pension,
(iii) old age (non-contributory) pension,
(iv) blind pension,
(v) a maintenance allowance under section 69 of the Health Act, 1970 , or
(vi) a payment corresponding to a pension referred to in subparagraph (i) to a person who has attained pensionable age, or in subparagraph (ii) from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, or
(b) is in receipt of a retirement pension or who has attained the age of 65 years and is in receipt of a payment corresponding to a retirement pension from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, where such person was, immediately prior to the receipt of such pension, in receipt of invalidity pension or a payment corresponding to an invalidity pension from another Member State of the European Communities or under such a reciprocal arrangement, or
(c) who has attained pensionable age and is in receipt of—
(i) death benefit by way of widow's or widower's pension,
(ii) death benefit by way of parent's pension,
(iii) retirement pension,
(iv) widow's (contributory) pension,
(v) deserted wife's benefit,
(vi) widow's (non-contributory) pension,
(vii) deserted wife's allowance,
(viii) prisoner's wife's allowance,
(ix) lone parent's allowance, or
(x) a payment corresponding to a pension referred to in subparagraph (i), (ii), (iii) or (iv) from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307;”.
num: 37
paragraphs: —(1) The Principal Act is hereby amended by the repeal of—
(a) paragraph (i) of section 134 (1), and
(b) section 198.
(2) Notwithstanding Chapter 2A of Part III of the Principal Act and regulations made thereunder, where, immediately before the day appointed for the commencement of this section, a woman, who has not attained pensionable age, is in receipt of single woman's allowance by virtue of section 198 of the Principal Act, pre-retirement allowance shall be payable to her from the day so appointed at the same rate as the said single woman's allowance which is payable to her immediately before the day so appointed:
Provided that she continues to satisfy the conditions as to means prescribed for the purposes of Chapter 2A of Part III of that Act.
(3) For the purposes of subsection (2) a woman who is in receipt of single woman's allowance immediately before the day appointed for the commencement of this section shall be deemed—
(a) to be retired within the meaning of regulations made for the purposes of section 156C (2) (c) of the Principal Act, and
(b) to have complied with the requirement contained in section 156A (b) of that Act.
(4) Any decision made by a deciding officer or by an appeals officer in relation to the award of a single woman's allowance to a woman prior to the day appointed for the commencement of this section shall be deemed to be a decision to award pre-retirement allowance to such person on and from such appointed day.
(5) Where, immediately before the day appointed for the commencement of this section, a woman has applied for a single woman's allowance, and that application has not been finally determined, preretirement allowance shall be payable to her at the same rate as the single woman's allowance which, but for this section, would have been payable to her.
(6) Where, on the commencement of this section, a single woman is of or over the age of 56 years and under the age of 58 years, she shall, if she has not already qualified for pre-retirement allowance, be deemed for the purposes of the pre-retirement allowance—
(a) to be retired within the meaning of regulations made for the purposes of section 156C (2) (c) of the Principal Act, and
(b) to have complied with the requirement contained in section 156A (b) of that Act,
when she attains the age of 58 years.
(7) This section shall come into operation on such day as the Minister may appoint by order.
num: 38
paragraphs: —Section 44 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:
“(3) Subsections (1) and (2) shall, for any period for which the beneficiary is entitled to unemployability supplement, apply to a disablement pension as they apply to injury benefit.”.
num: 39
paragraphs: —Section 232F (inserted by section 13 of the Social Welfare Act, 1984 ) of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:
“(3) The Minister may by regulations vary—
(a) the amounts specified in section 232B, and
(b) the percentage rate specified in section 232C (1),
but any such variation shall not reduce the amounts or the percentage rate applicable immediately before the commencement of such regulations.”.
num: 40
paragraphs: —For the avoidance of doubt, the provisions of paragraph (aa) (inserted by section 35 of the Act of 1991) of section 300 (5) of the Principal Act shall apply to new facts or new evidence relating to periods prior to and subsequent to the commencement of that paragraph.
num: 41
paragraphs: —(1) The Minister may delegate to such persons as may be prescribed, any function in relation to the administration of any benefit, pension, assistance, allowance or supplement payable under the Principal Act as may be prescribed and any such delegation shall be subject to such conditions and in such circumstances as may be prescribed.
(2) Regulations made under this section may apply to the whole State or to a specified part or parts of the State.
num: 42
paragraphs: —Section 298 of the Principal Act is hereby amended by the substitution for paragraph (b) (as amended by section 19 of the Act of 1990) of subsection (12) of the following paragraph:
“(b) The Chief Appeals Officer may constitute, on the basis of districts or otherwise as he considers appropriate, panels of persons to sit as assessors with appeals officers and members may be selected in such manner as he may determine from such panels to so sit when any questionwhich, in the opinion of the Chief Appeals Officer, is appropriate for the assistance of assessors is heard.”.
num: 43
paragraphs: —Section 198C (inserted by section 12 of the Act of 1990) of the Principal Act is hereby amended by the insertion after subsection I (2) of the following subsection:
“(3) The weekly rate of lone parent's allowance shall be increased—
num: 44
paragraphs: —(1) Section 115 (1) of the Principal Act is hereby amended by the substitution for subparagraph (i) (as amended by section 31 of the Social Welfare Act, 1989 ) of paragraph (f) of the following subparagraph:
“(i) A person convicted of an offence under this subsection in relation to a benefit shall be disqualified for the receipt of any benefit, or any assistance (other than supplementary welfare allowance), or family income supplement for a period of 3 months immediately following the date of the conviction and such period of disqualification shall be treated as if it were a period in respect of which any such benefit, assistance or supplement was paid.”.
(2) This section shall not apply where the date of conviction occurs before the commencement of this Act.
num: 45
paragraphs: —Section 227 of the Principal Act is hereby amended by the substitution in subsection (3) (as amended by section 17 of the Social Welfare Act, 1986 ) of “£1,000” for “£5”.
num: 46
paragraphs: —The Principal Act is hereby amended by the substitution for section 215B (inserted by section 44 of the Act of 1991) of the following section:
“Recoupment of supplementary welfare allowance.
215B.—Where—
(a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person who, though entitled to any other benefit, pension, assistance, allowance or supplement under this Act (in this section referred to as ‘relevant payment’), is not in receipt of such relevant payment, and
(b) such supplementary welfare allowance is in excess of the amount which would have been granted to that person if hehad been in receipt of such relevant payment, and
(c) the health board has certified to the Minister the amount (in this section referred to as ‘the excess’) so paid in excess in respect of the said period by such health board,
the Minister may reduce any such benefit, pension, assistance, allowance or supplement, which is or may become payable to such person during the relevant continuous period of entitlement to the said benefit, pension, assistance, allowance or supplement, by the amount of the excess and such amount shall be treated as having been paid on account of the relevant payment.”.
num: 47
paragraphs: —(1) The Principal Act is hereby amended by the substitution for section 209 of the following section:
“Weekly or monthly supplements.
num: 209
paragraphs: —(1) Subject to this Chapter, in the case of a person whose means are insufficient to meet his needs, regulations may provide for a weekly or monthly payment to supplement that person's income.
(2) Regulations under subsection (1) may prescribe the class or classes of persons to whom and the conditions and circumstances under which a payment under subsection (1) may be made and the amount of such a payment (either generally or in relation to a particular class or classes of persons).”.
(2) This section shall come into operation on such day as the Minister may appoint by order.
num: 48
paragraphs: —Section 28 of the Act of 1991 is hereby amended by the insertion after “For the purpose of” of “controlling and” and the said section, as so amended, is set out in the Table to this section.
TABLE
num: 28
paragraphs: —For the purposes of controlling and investigating entitlement to any benefit, pension, assistance, allowance or supplement under the Principal Act or under schemes administered by or on behalf of the Minister for Social Welfare, the Minister may require such persons as may be prescribed to provide him with such information in relation to such persons or classes of persons as the Minister may determine and any person so prescribed shall be required to provide such information as may be required.
num: 49
paragraphs: — Section 4 of the Social Welfare (No. 2) Act, 1985 , is hereby amended by—
(a) the deletion in subsection (1) of “Subject to subsection (2),”, and
(b) the deletion of subsection (2).
num: 50
paragraphs: —(1) The Principal Act is hereby amended by the insertion after section 232F (inserted by section 13 of the Social Welfare Act, 1984 , and amended by section 39 ) of the following section:
“Receipt of claims.
232G.—(1) Regulations may provide for treating a claim for family income supplement as having been made on a date earlier than the date on which it is received, where it appears to the Minister that the claimant would have satisfied the conditions for entitlement to family income supplement during that period, but for the receipt by that person of unemployment benefit or unemployment assistance.
(2) Where—
(a) in respect of any period any unemployment benefit or unemployment assistance has been paid to or in respect of a person who, though entitled to family income supplement by virtue of subsection (1), is not in receipt of such supplement, and
(b) such benefit or assistance is in excess of the amount which would have been granted to that person if he had been in receipt of family income supplement,
the Minister may reduce any such supplement which is or may become payable to such person by the amount of the excess and such amount shall be treated as having been paid on account of the family income supplement.”.
(2) Section 130 (inserted by section 43 of the Act of 1991) of the Principal Act is hereby amended by the substitution for subsection (6) of the following subsection:
“(6) Where, but for this subsection, family income supplement and—
(a) unemployment benefit, or
(b) retirement pension, or
(c) unemployment assistance, or
(d) pre-retirement allowance,
would be payable to or in respect of a person in respect of the same period, only one shall be paid.”.
num: 51
paragraphs: —The following shall be subject to the sanction of the Minister for Finance—
num: 52
paragraphs: —An instrument or document—
(a) that—
(i) is made or issued under a provision of the Principal Act that is amended by this Act, or
(ii) relates to such a provision and is continued in force by section 312 of the Principal Act as if made or issued under that Act,
and
(b) that is in force immediately before the commencement of the amendment,
shall continue in force as if made or issued under the provision as so amended.
num: 53
paragraphs: —Section 2 of the Pensions Act is hereby amended—
(a) by the substitution for the definition of “member” of the following definition:
“‘member’, in relation to a scheme, means, subject to section 62, any person who, having been admitted to membership under the rules of the scheme, remains entitled to any benefit under the scheme in respect of a period of service whilst employed within the State;”,
(b) by the substitution for the definition of “occupational pension scheme” of the following definition:
“‘occupational pension scheme’ means any scheme or arrangement—
(a) which is comprised in one or more instruments or agreements, and
(b) which provides or is capable of providing in relation to employees in any description of employment within the State, benefits, and
(c) (i) which has been approved of by the Revenue Commissioners for the purpose of Chapter II of Part I of the Finance Act, 1972 , or
(ii) the application for approval of which under Chapter II of Part I of the Finance Act, 1972 , is being considered, or
(iii) which is a statutory scheme to which section 17 of the Finance Act, 1972 , applies, or
(iv) which is a scheme other than a scheme specified in subparagraph (i), (ii) or (iii) and where the benefits are paid in whole or in part out of moneys provided from the Central Fund or moneys provided by the Oireachtas;”, and
(c) the substitution for the definition of “reckonable service” of the following definition:
“‘reckonable service’ means the aggregate of every period of service in the relevant employment during membership of—
(a) the scheme,
(b) every other scheme relating to the same employment where accrued rights from such other scheme have been transferred to the scheme,
but does not include service as a member of a scheme where either—
(i) the only benefit thereunder is in respect of death prior to normal pensionable age, or
(ii) the member has been notified in writing by the trustees that such service does not entitle him to long service benefit:
Provided that no such period, or part thereof, shall be counted more than once;”.
num: 54
paragraphs: —(1) Section 29 (7) of the Pensions Act is hereby amended by the insertion after “another scheme,” of the following:
“where such accrued rights result from the termination of the employment to which that scheme applies,”.
(2) Section 30 (6) of the Pensions Act is hereby amended by the insertion after “another scheme,” of the following:
“where such accrued rights result from the termination of the employment to which that scheme applies,”.
(3) Section 37 (3) of the Pensions Act is hereby amended by the insertion after paragraph (b) of the following paragraph:
“(c) a member's service in relevant employment may be treated as terminated or not terminated.”.
(4) Section 38 (2) of the Pensions Act is hereby amended by the insertion in paragraph (b) after “Part,” of the following:
“or
(c) whether a member's service in relevant employment may be treated as terminated for the purposes of this Part.”.
num: 55
paragraphs: —Section 34 (2) of the Pensions Act is hereby amended by the substitution for paragraph (b) of the following paragraph:
“(b) in the case of a defined contribution scheme, to the accumulated value of the appropriate contributions under the scheme in respect of the member, such value to be determined on a date not later than 3 months following the date of the receipt of the application:
Provided that where benefits under such a scheme are secured under one or more policies of assurance, the accumulated value of the appropriate contributions shall be the proportion of the proceeds of every such policy applicable to those contributions.”.
num: 56
paragraphs: —Section 46 of the Pensions Act is hereby amended by the substitution for subsection (1) of the following subsection:
“(1) In completing an actuarial funding certificate, the actuary—
(a) in addition to complying with the other provisions of this Part, shall have regard to such financial or other assumptions as he considers to be appropriate on the effective date of the certificate, and
(b) notwithstanding anything contained in the rules of a relevant scheme, may assume that the liabilities of the scheme on winding up could have been provided by applying all or part of the resources of the scheme in the making of—
(i) a payment to another scheme, or
(ii) one or more payments falling to be made under policies or contracts of assurance that are effected on behalf of the member with one or more undertakings (within the meaning of the Insurance Act, 1989 ) and that are approved of by the Revenue Commissioners under Chapter II of Part I of the Finance Act, 1972 ,
such payment or payments to be equal to the actuarial value of the benefits specified in subparagraphs (i), (ii) and (iii) of section 44 (a), and the percentage of the benefits specified in section 44 (a) (iv).”.
num: 57
paragraphs: —The Pensions Act is hereby amended by the substitution for section 48 of the following section:
“Priorities on winding up of relevant scheme.
num: 48
paragraphs: —Notwithstanding anything contained in the rules of a relevant scheme that is being wound up—
(a) the resources of the scheme being wound up shall be applied on the winding up to secure—
num: 58
paragraphs: —Section 55 of the Pensions Act (as amended by section 62 of the Act of 1991) is hereby amended by the insertion after subsection (1) of the following proviso:
“Provided that where the period selected by the trustees is altered, a report prepared for a period other than a year, such period not to exceed 23 months, shall, with the approval of the Board, be regarded as an annual report for the purposes of this section.”.
num: 59
paragraphs: —Section 56 of the Pensions Act (as amended by section 63 of the Act of 1991) is hereby amended by the insertion after subsection (4) of the following subsection:
“(4A) For the purposes of subsection (4) a firm appointed by its firm name to be the auditor of a scheme shall be deemed to be an appointment of a person who shall from time to time during the currency of the appointment be a partner in that firm as from time to time constituted and who is qualified to be an auditor of that scheme.”.
num: 60
paragraphs: —Section 62 of the Pensions Act is hereby amended by the substitution for subsection (2) of the following subsection:
“(2) Regulations under this section—
(a) shall determine the circumstances in which a person, or category of persons, who, having been admitted to membership of the scheme and remaining entitled to any benefit under the scheme, is or are to be regarded for the purposes of this section as being a member or members of the scheme,
(b) may specify the manner in which decisions of members of schemes, and the selection of persons for appointment as trustees of schemes by the members of schemes, for the purpose of subsection (1) shall be made,
(c) may make such other provision as the Minister considers necessary or expedient for the purpose of this section and for enabling it to have full effect.”.
num: 61
paragraphs: —The following provisions of section 69 of the Pensions Act are hereby repealed—
(a) paragraph (d) of subsection (1), and
(b) subsection (3).
num: 62
paragraphs: —Section 71 of the Pensions Act is hereby amended by the 30 substitution for subsection (3) of the following subsection:
“(3) Where, on commencement of this Part, any rule of a scheme is rendered null and void by subsection (1), then, during such period as may be prescribed, beginning on such commencement and not being longer than 6 years (or in the case of retirement ages, a period not being longer than 25 years) nothing in this Part shall preclude rights or obligations, relating to a period of membership in that scheme prior to the 17th day of May, 1990, from remaining subject to the provisions of the scheme in force during that period of membership.”.
num: 63
paragraphs: —The Third Schedule to the Pensions Act is hereby amended by—
(a) the substitution for paragraph 1 of the following paragraph:
“1. The benefits for the purposes of this paragraph shall be all future benefits payable under the rules of the schemeto or in respect of a person in receipt of such benefits as at the effective date of the certificate, but excluding all future increases in such benefits which are not of a contractual nature.”,
(b) the substitution for subparagraph (b) of paragraph 3 of the following paragraph:
“(b) in the case of a member of that scheme then in relevant employment, the greater of—
(i) preserved benefits (including future revaluations thereof and those benefits payable on the death of the member entitled to preserved benefit) calculated in accordance with the provisions of Part III, and
(ii) the long service benefits payable under the rules of the scheme in respect of reckonable service completed after the commencement of Part IV but prior to the effective date of the certificate,
calculated as if the member's service in relevant employment has terminated on the effective date of the certificate but disregarding any provision requiring the completion of a minimum period of qualifying service which may prevent the member concerned from acquiring an entitlement to benefit on termination of such employment.”, and
(c) the substitution in clause (i) (II) of paragraph 4 (b) (as amended by section 64 of the Act of 1991) for “the benefits” of “the long service benefits”.