PART VII

Miscellaneous Amendments

32. — Section 22 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsection:

“(4) Where a person has qualifying contributions in respect of not less than 260 contribution weeks on the 312th day on which benefit is paid in respect of a period of incapacity for work, and he would be entitled to disability benefit but for the fact that the contribution condition set out in subsection (1) (b) of section 19 is not satisfied, he shall be deemed to satisfy that contribution condition in respect of every subsequent day of incapacity in that period of incapacity for work.”.

33. — Section 125 of the Principal Act is hereby amended by the substitution for paragraph (a) (inserted by section 17 of the Social Welfare (No. 2) Act, 1987 ) of subsection (2) of the following paragraph:

“(a) where a person who is in receipt of benefit which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by that person's spouse of a pension under Chapter 3 of Part III in his own right, dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall during that period be made to such person and subject to such conditions as may be prescribed, and”.

34. — (1) Section 146 (1) (inserted by section 13 of the Social Welfare (No. 2) Act, 1985 ) of the Principal Act is hereby amended by the insertion in paragraph (b) after subparagraph (vi) of the following subparagraph:

“(viA) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident, ”.

(2) Section 210 (2) of the Principal Act is hereby amended by the insertion in paragraph (a) after subparagraph (iA) (inserted by section 15 of the Act of 1989) of the following subparagraph:

“(iB) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident, ”.

(3) Rule 1 (4) of the Third Schedule to the Principal Act is hereby amended by the insertion after subparagraph (c) of the following subparagraph:

“(cc) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident,”.

35. — The Third Schedule to the Principal Act is hereby amended by the insertion after Rule 1 of the following Rule:

“1A. Notwithstanding the provisions of this Schedule, for the purposes of an old age pension and, in the case of a person who has attained pensionable age, a widow's (non-contributory) pension or lone parent's allowance, income derived from the sale of the principal residence of the claimant or beneficiary shall not, subject to such conditions and in such circumstances and for such periods as may be prescribed, be taken into account in calculating the means of the claimant or beneficiary or, in the case of one of a married couple, the means of the spouse of the claimant or beneficiary where that spouse has attained pensionable age at the date of sale.”.

36. — (1) Section 10 (7) and paragraph (e) of section 17C (inserted by section 11 of the Act of 1988) of the Principal Act are hereby repealed.

(2) The Principal Act is hereby amended by—

(a) the deletion of “or (e)” in the definition of “qualifying contribution” contained in section 2 (1) (inserted by section 10 of the Act of 1988),

(b) the deletion of “section 10 (7) and” in paragraph (a) of section 9 (1), and

(c) the deletion of “, to subsection (7)” in paragraph (b) (inserted by section 5 of the Act of 1982) of section 10 (1).

(3) Where but for this subsection, the employment contribution payable by a relevant person would be at the rate specified in section 10 (1) (b) (i) (inserted by section 5 of the Act of 1982) of the Principal Act, the employment contribution shall be paid at the rate of—

(a) 3 per cent. of reckonable earnings, with effect from the 6th day of April, 1990,

(b) 4 per cent. of reckonable earnings, with effect from the 6th day of April, 1991, and

(c) 5.5 per cent. of reckonable earnings, with effect from the 6th day of April, 1992.

(4) Where but for this subsection, the self-employment contribution payable by a relevant person would be at the rate specified in section 17C (a) or (c) (inserted by section 11 of the Act of 1988) of the Principal Act, the self-employment contribution shall be paid at the rate of—

(a) 3 per cent. of reckonable income or reckonable emoluments, as the case may be, or the amount of £208, whichever is the greater, with effect from the 6th day of April, 1990,

(b) 4 per cent. of reckonable income or reckonable emoluments, as the case may be, or the amount of £208, whichever is the greater, with effect from the 6th day of April, 1991, and

(c) 5 per cent. of reckonable income or reckonable emoluments, as the case may be, or the amount of £208, whichever is the greater, with effect from the 6th day of April, 1992.

(5) In subsections (3) and (4) of this section, “relevant person” means an employed contributor or a self-employed contributor who is in receipt of any of the following—

(a) a widow's (contributory) pension under section 92 of the Principal Act,

(b) a widow's (non-contributory) pension under section 177 of the Principal Act,

(c) deserted wife's benefit under section 100 of the Principal Act,

(d) deserted wife's allowance under section 195 of the Principal Act,

(e) death benefit by way of widow's pension under section 50 of the Principal Act,

(f) a social assistance allowance under section 197 of the Principal Act, or

(g) a payment corresponding to a pension referred to in paragraph (a) or (e) from the competent authority of a Member State (other than the State) of the European Community under legislation to which the regulations of the Community on the application of social security schemes to employed persons and their families moving within the territory of the Community apply.

(6) This section shall come into operation on the 6th day of April, 1990.

37. — Part IIA (inserted by section 12 of the Act of 1988) of the First Schedule to the Principal Act is hereby amended by—

(a) the substitution for paragraph 4 of the following paragraph:

“4. An employed contributor or a person who is in receipt of a pension arising from a previous employment of his or of his spouse, in the case of either of whom the income for the contribution year does not include reckonable emoluments or in the case of reckonable income, income to which Chapter II or III of Part IV of the Income Tax Act, 1967 , applies.”, and

(b) the insertion after paragraph 5 of the following paragraph:

“6. A person who is regarded as not resident or not ordinarily resident in the State in accordance with the provisions of the Income Tax Acts and whose reckonable income for that year does not include income to which Chapter II or III of Part IV of the Income Tax Act, 1967 , applies.”.

38. —The Principal Act is hereby amended by the insertion after section 215 of the following section:

“Supplementary welfare allowance granted to persons in receipt of certain payments.

215A.— Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person and a maintenance allowance under section 69 of the Health Act, 1970 , or a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease, including any increase thereof, subsequently becomes payable to or in respect of that person in respect of the period (or part thereof) for which supplementary welfare allowance was paid, and

(b) such supplementary welfare allowance is in excess of the amount which would have been granted to or in respect of such person if either of the said allowances, including any increase thereof, had been paid during such period,

such excess supplementary welfare allowance shall be treated as payment on account of the said allowances.”.

39. — (1) Section 43 (9) (a) of the Principal Act is hereby amended by the insertion after “a period exceeding 7 years” of “and the extent of disablement is assessed as amounting to not less than 10 per cent. and not more than 19 per cent.”.

(2) Subsection (1) of this section shall not apply in the case of any assessment of disablement where the period to be taken into account by the assessment commenced before the coming into operation of this section.

(3) This section shall come into operation on such day as the Minister may appoint by order.

40. — Section 156B(2) (inserted by section 24 of the Act of 1989) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

“(a) for persons whose weekly means do not exceed £2, at the scheduled rate, and”.

41. — (1) Section 198 of the Principal Act is hereby amended by the substitution in paragraphs (a) and (b) (inserted by section 4 of the Act of 1982) of subsection (2) of “£2” for “£1” in each place in which it occurs.

(2) Section 183 of the Principal Act is hereby amended by the substitution in paragraphs (a) and (b) (inserted by section 4 of the Act of 1982) of “£2” for “£1” in each place in which it occurs.

(3) Subsection (1) of this section shall come into operation on the 5th day of July, 1990, and subsection (2) of this section shall come into operation on the 6th day of July, 1990.

42. — Section 232C (inserted by section 13 of the Social Welfare Act, 1984 ) of the Principal Act is hereby amended by the substitution for subsection (3) (inserted by section 4 of the Social Welfare Act, 1986 ) of the following subsection:

“(3) In calculating the weekly rate of family income supplement pursuant to subsection (1), any fraction of £1 shall be treated as £1 and where the weekly rate so calculated is below a prescribed amount, the supplement shall be payable at the prescribed amount.”.

43. — Notwithstanding the provisions of the Principal Act, or regulations made thereunder, in the case of a person who is in receipt of any pension, assistance or allowance under Part III of that Act and whose means exceed a prescribed amount, the Minister may by regulations, where the amount payable is not a multiple of £2, increase such amount to the next multiple of £2 in respect of such class of person or classes of persons as may be prescribed.

44. — (1) Section 115 (1) (b) of the Principal Act is hereby amended by the insertion after “obtaining” of “or establishing entitlement to”.

(2) Section 144 (1) of the Principal Act is hereby amended by the insertion after “a qualification certificate or” of “for the purpose of obtaining or establishing entitlement to”.

45. —(1) Section 120 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) Any sum deducted or to be deducted from such remuneration of an employee as was paid or payable prior to a winding-up under the Companies Acts, 1963 to 1986, in respect of an employment contribution due and unpaid shall not form part of the assets of a limited company in a winding-up under the Companies Acts, 1963 to 1986, and in such a winding-up a sum equal in amount to the sum so deducted or to be deducted, shall, notwithstanding anything in those Acts, be paid to the Social Insurance Fund in priority to the debts specified in section 285 (2) of the Companies Act, 1963 .”.

(2) For the purposes of section 285 (2) (e) of the Companies Act, 1963 —

(a) the amount referred to in that subsection shall be deemed to include any amount—

(i) which, apart from the provisions of Article 22 of the Regulations of 1988 (as amended by the Social Welfare (Collection of Contributions by the Collector-General) Regulations, 1989 (S.I. No. 72 of 1989)), or Article 22 of the Regulations of 1989, would otherwise have been an amount due at the relevant date in respect of sums which an employer is liable under Chapter 1 of Part II of the Principal Act or Chapter 1A (inserted by section 11 of the Act of 1988) of Part II of that Act, and any regulation thereunder (other than the said Article 22 of the Regulations of 1988 or Article 22 of the Regulations of 1989) to deduct from reckonable earnings or reckonable emoluments, to which the said Chapters 1 and 1A apply, paid by him during the period of 12 months next before the relevant date, and

(ii) with the addition of any interest payable under Article 23 of the Regulations of 1988 or Article 13 of the Regulations of 1989,

and

(b) the relevant date shall, notwithstanding the provisions of subsection (1) of section 285 of the Companies Act, 1963 , be deemed to be the date which is the ninth day after the end of the income tax month in which the relevant date (within the meaning of the said subsection (1)) occurred.

(3) In this section—

“the Regulations of 1988” means the Social Welfare (Miscellaneous Provisions for Self-Employed Contributors) Regulations, 1988 (S.I. No. 62 of 1988);

“the Regulations of 1989” means the Social Welfare (Collection of Employment Contributions by the Collector-General) Regulations, 1989 (S.I. No. 298 of 1989).

46. — (1) The Principal Act is hereby amended by the substitution for section 306A (inserted by section 12 of the Social Welfare Act, 1984 ) of the following section:

“Taking of benefit and invalidity pension into account in assessing certain damages.

306A.— (1) Notwithstanding section 2 of the Civil Liability Act, 1964, and section 306, in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle (within the meaning of section 3 of the Road Traffic Act, 1961), there shall be taken into account the value of any rights arising from such injuries which have accrued, or are likely to accrue, to the injured person in respect of disability benefit (including any amount payable therewith by way of pay-related benefit) or invalidity pension under Part II for the period of 5 years beginning with the time when the cause of action accrued.

(2) The reference in subsection (1) to damages shall, in a case where the damages are subject to reduction under the law of contributory negligence or are limited by or under any Act, be construed as a reference to the total damages which would have been recoverable apart from the reduction or limitation.”.

(2) This section shall not apply to any action instituted before the passing of this Act.

47. — The Principal Act is hereby amended—

(a) in subsection (4A) (inserted by section 19 of the Social Welfare Act, 1986 ) of section 29, by—

(i) the addition to paragraph (g) (inserted by section 11 of the Social Welfare Act, 1987 ) after “Educational Opportunities Scheme,” of “or”, and

(ii) the insertion after paragraph (g) of the following paragraph:

“(h) participation in a scheme administered by the Department of Education and known as the Vocational Training Opportunities Scheme,”, and

(b) in subsection (2A) (inserted by section 11 of the Social Welfare Act, 1985 ) of section 135, by—

(i) the addition to paragraph (g) (inserted by section 11 of the Social Welfare Act, 1987 ) after “Educational Opportunities Scheme,” of “or,”, and

(ii) the insertion after paragraph (g) of the following paragraph:

“(h) participation in a scheme administered by the Department of Education and known as the Vocational Training Opportunities Scheme,”.

48. — The Principal Act is hereby amended by—

(a) the substitution of “3 months” for “six months” in each place where it occurs in paragraphs (a) and (b) of section 144 (3),

(b) the substitution of “3 months” for “6 months” in subsection (2) of section 169,

(c) the substitution of “3 months” for “6 months” in subsection (2) of section 188, and

(d) the substitution of “3 months” for “6 months” in subsection (2) of section 231.

49. — The Principal Act is hereby amended by—

(a) the insertion after subsection (5) of section 81 of the following subsection:

“(6) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”,

(b) by the insertion after subsection (5) (inserted by section 16 of the Social Welfare (Amendment) Act, 1981 ) of section 86 of the following subsection:

“(6) The weekly rate of retirement pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”,

(c) the insertion after subsection (3) of section 95 of the following subsection:

“(4) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”, and

(d) the insertion after subsection (3) of section 103 of the following subsection:

“(4) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”.

50. — (1) Section 51 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsections:

“(3) Subject to subsection (3A), the weekly rate of pension payable to a parent shall be—

(a) at the reduced weekly rate, where the deceased was at death a married person,

(b) at the maximum weekly rate, where the deceased was at death a widower, a widow or a single person—

(i) in any case where the parent is the father and was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable,

(ii) in any case where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow, or

(iii) in any case where the parent is the mother, not being a widow, and a pension at the maximum weekly rate is not payable to her husband,

(c) at the reduced weekly rate in any other case.

(3A) Where a person, to whom the provisions of subparagraph (i) of subsection (3) (b) apply, ceases at any time to be incapable of self-support by reason of some physical or mental infirmity, the pension shall thereafter be payable at the reduced weekly rate and, if at that time the provisions of subsection (3) (b) apply to his wife, that pension shall thereafter be payable at the maximum weekly rate.

(3B) In this section—

‘reduced weekly rate’ means the reduced weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 4 (b) (i) in Part I of the Second Schedule;

‘maximum weekly rate’ means the maximum weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 4 (b) (ii) in Part I of the Second Schedule. ”.

(2) Section 51 of the Principal Act is hereby amended by the substitution in subsection (2) (inserted by section 14 of the Social Welfare (Amendment) Act, 1981 ) for “The death benefit shall” of “Subject to subsections (3) and (3A), the death benefit shall”.

51. — Section 3 (4) (a) (as amended by section 29 of the Act of 1989) of the Principal Act is hereby amended by the insertion of “10 (9),” after “7,” and of “198G (1), 198L (2) (c),” after “142 (1A)”.