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11 1952

SOCIAL WELFARE ACT, 1952

Chapter VI.

Amendments of Widows' and Orphans' Pensions Acts, 1935 to 1948.

Interpretation (Chapter VI, Part VI).

102. —(1) In this Chapter—

the Acts” means the Widows' and Orphans' Pensions Acts, 1935 to 1948;

the Principal Act” means the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935).

(2) This Chapter shall be construed as one with the Acts.

Composition and rates of widows' (contributory) pensions.

103. —(1) The following section shall be inserted in the Principal Act in lieu of section 10 (inserted by section 41 of the Act of 1948):—

“10.—(1) A widow's (contributory) pension payable to the widow of an insured person shall, subject to the provisions of this Act, be at the rate set forth in the Table to this subsection:—

TABLE.

Weekly rates of widows' (contributory) pensions.

Widow, no qualified child

Widow, one qualified child

Widow, two or more qualified children

(1)

(2)

(3)

24 shillings

31 shillings

38 shillings

(2) In applying the Table to subsection (1) of this section—

(a) column (2) shall have effect in case there is one qualified child (and not more) who normally resides with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband,

(b) column (3) shall have effect in case there are two or more qualified children who normally reside with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being children or step-children of the husband, became normally resident with her subsequent to the death of the husband,

(c) column (1) shall have effect in any other case.

(3) In this Act—

references to a child's (contributory) allowance shall be construed—

(a) in a case in which column (2) of the Table to subsection (1) of this section has effect—as referring to so much of the widow's (contributory) pension as consists of the excess of the amount specified in column (2) over the amount specified in column (1),

(b) in a case in which column (3) of the Table to subsection (1) of this section has effect—as referring to each half of so much of the widow's (contributory) pension as consists of the excess of the amount specified in column (3) over the amount specified in column (1);

references to a widow's (contributory) allowance shall be construed—

(a) in a case in which column (1) of the Table to subsection (1) of this section has effect—as referring to the whole of the widow's (contributory) pension,

(b) in any other case—as referring to so much of the widow's (contributory) pension as does not consist of any child's (contributory) allowance.”

(2) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.

(3) Subsections (1) and (2) of this section shall come into operation on the 4th day of July, 1952.

Rates of orphans' (contributory) pensions.

104. —(1) The following section shall be inserted in the Principal Act in lieu of section 12 (inserted by section 42 of the Act of 1948):—

“12. An orphan's (contributory) pension shall be at the rate of ten shillings a week.”

(2) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.

(3) Subsections (1) and (2) of this section shall come into operation on the 4th day of July, 1952.

Composition and rates of widows' (non-contributory) pensions.

105. —(1) The following section shall be inserted in the Principal Act in lieu of section 20 (inserted by section 48 of the Act of 1948):—

“20.—(1) A widow's (non-contributory) pension shall, subject to the provisions of this Act, be—

(a) as respects the period beginning on the 4th day of July, 1952, and ending on the 1st day of January, 1953—at the rate set forth in Table A to this subsection, and

(b) as on and from the 2nd day of January, 1953—at the rate set forth in Table B to this subsection.

TABLE A.

Weekly rates of widows' (non-contributory) pensions.

Widow, no qualified child

Widow, one qualified child

Widow, two or more qualified children

(1)

(2)

(3)

20 shillings

26 shillings

32 shillings

TABLE B.

Weekly rates of widows' (non-contributory) pensions.

Weekly rates

Means of Widow

Widow, no qualified child

Widow, one qualified child

Widow, two or more qualified children

(1)

(2)

(3)

(4)

shillings

shillings

shillings

Where the yearly means of the widow as duly calculated—

do not exceed £52 10s. 0d.

20

26

32

exceed

£52

10s.

0d.

but

do

not

exceed

£65

10s.

0d.

15

21

27

£65

10s.

0d.

£78

10s.

0d.

10

16

22

£78

10s.

0d.

£104

15s.

0d.

5

11

17

£104

15s.

0d.

£117

15s.

0d.

No pension

6

12

£117

15s.

0d.

£130

15s.

0d.

No pension

No pension

6

£130

15s.

0d.

No pension

No pension

No pension

(2) Means of a widow shall, on and after the 2nd day of January, 1953, be calculated in accordance with the rules contained in the Seventh Schedule to the Social Welfare Act, 1952.

(3) In applying Table A to subsection (1) of this section—

(a) column (2) shall have effect in case there is one qualified child (and not more) who normally resides with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband,

(b) column (3) shall have effect in case there are two or more qualified children who normally reside with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being children or step-children of the husband, became normally resident with her subsequent to the death of the husband,

(c) column (1) shall have effect in any other case.

(4) In applying Table B to subsection (1) of this section—

(a) columns (1) and (3) shall have effect in case there is one qualified child (and not more) who normally resides with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband,

(b) columns (1) and (4) shall have effect in case there are two or more qualified children who normally reside with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being children or step-children of the husband, became normally resident with her subsequent to the death of the husband,

(c) columns (1) and (2) shall have effect in any other case.

(5) Where a claim for a widow's (non-contributory) pension is made during the period beginning on the 5th day of July, 1952, and ending on the 4th day of October, 1952, by the widow of a man who died before the 4th day of July, 1952, and the claim is made after the expiration of three months after the death of the man, the pension, if granted, shall commence to accrue on the 4th day of July, 1952.

(6) Where a claim for a widow's (non-contributory) pension is made during the period beginning on the 3rd day of January, 1953, and ending on the 2nd day of April, 1953, by the widow of a man who died before the 2nd day of January, 1953, and the claim is made after the expiration of three months after the death of the man, the pension, if granted, shall commence to accrue on the 2nd day of January, 1953.

(7) In this Act—

references to a child's (non-contributory) allowance shall be construed—

(a) in a case in which column (2) of Table A to subsection (1) of this section has effect—as referring to so much of the widow's (non-contributory) pension as consists of the excess of the amount specified in column (2) over the amount specified in column (1),

(b) in a case in which column (3) of Table A to subsection (1) of this section has effect—as referring to each half of so much of the widow's (non-contributory) pension as consists of the excess of the amount specified in column (3) over the amount specified in column (1),

(c) in a case in which columns (1) and (3) of Table B to subsection (1) of this section have effect—as referring to so much of the widow's (non-contributory) pension as consists of the excess of the appropriate amount specified in column (3) over the corresponding amount (including any nil amount) specified in column (2),

(d) in a case in which columns (1) and (4) of Table B to subsection (1) of this section have effect—as referring to each half of so much of the widow's (non-contributory) pension as consists of the excess of the appropriate amount specified in column (4) over the corresponding amount (including any nil amount) specified in column (2);

references to a widow's (non-contributory) allowance shall be construed—

(a) in a case in which column (1) of Table A or columns (1) and (2) of Table B to subsection (1) of this section have effect—as referring to the whole of the widow's (non-contributory) pension,

(b) in any other case—as referring to so much (if any) of the widow's (non-contributory) pension as does not consist of any child's (non-contributory) allowance.”

(2) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 1st day of January, 1953, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.

(3) Subsections (1) and (2) of this section shall come into operation on the 4th day of July, 1952.

Rates of orphans' (non-contributory) pensions.

106. —(1) The following section shall be inserted in the Principal Act in lieu of section 25 (inserted by section 53 of the Act of 1948):—

“25. (1) An orphan's (non-contributory) pension shall, subject to the provisions of this Act, be at the rate set forth in the Table to this subsection:

TABLE.

Weekly rates of orphans' (non-contributory) pensions.

Means of orphan

Weekly rates

Where the yearly means of the orphan as duly calculated—

s.

d.

do not exceed £6 12s. 6d.                 

10

0

exceed

£6

12s.

6d.

but

do

not

exceed

£13

2s.

6d.

7

6

£13

2s.

6d.

£19

12s.

6d.

5

0

£19

12s.

6d.

£26

5s.

0d.

2

6

£26

5s.

0d.

No pension

(2) Means of an orphan shall be calculated in accordance with the rules contained in the Seventh Schedule to the Social Welfare Act, 1952.

(3) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 1st day of January, 1953, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.

(4) Subsections (1), (2) and (3) of this section shall come into operation on the 4th day of July, 1952.

Amendment of section 38 of and Second Schedule to Principal Act.

107. —(1) Subsection (1) of section 38 of the Principal Act is hereby amended by the deletion of—

(i) the words “subject to the provisions of paragraph (b) of this subsection”,

(ii) the words “Part I of” in paragraph (a),

(iii) the word “and” at the end of paragraph (a), and

(iv) paragraph (b).

(2) Subsection (3) of section 38 of the Principal Act is hereby amended by the deletion of—

(i) the words “or wholly by the employer”,

(ii) the words “Part of the”, and

(iii) the words “applicable to the case”.

(3) There shall be inserted in the Principal Act in lieu of the Second Schedule (inserted by section 45 of the Act of 1948) thereto the following:—

“SECOND SCHEDULE.

Rates of Contributions.

Rate of Contribution per week

Payable in case of employed persons

By the employer

By the employed person

s.

d.

s.

d.

s.

d.

Contributions in the case of men

1

4

0

8

0

8

Contributions in the case of women

0

10

0

8

0

2

(4) Subsections (1), (2) and (3) of this section shall come into operation on the 6th day of October, 1952.

Amendment of section 40 of Principal Act.

108. —(1) In subsection (1) of section 40 of the Principal Act the words “one shilling and four pence” shall be inserted in lieu of the words “eleven pence and one half-penny” (inserted by section 46 of the Act of 1948).

(2) In subsection (3) of section 40 of the Principal Act, the words “eight pence” shall be inserted in lieu of the word “six-pence” (inserted by section 46 of the Act of 1948).

(3) Subsections (1) and 2) of this section shall come into operation on the 6th day of October, 1952.

Amendment of section 3 of Principal Act.

109. —(1) The following section shall be inserted in the Principal Act in lieu of section 3:—

“3. (1) In this Act and in the Seventh Schedule to the Social Welfare Act, 1952, as applied by the Act—

orphan’ means—

(a) a qualified child, being a legitimate child, both of whose parents are dead and who, where he has a stepparent, does not normally reside with the stepparent or a person married to and living with the stepparent, or

(b) a qualified child, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband;

qualified child’ means a person who—

(a) is under the age of sixteen years,

(b) is ordinarily resident in the State, and

(c) is not detained in a reformatory or an industrial school;

the husband’, in relation to a woman who has been married more than once, refers only to her last husband.

(2) Where a qualified child becomes adopted under any Act providing for the adoption of children (whether passed before or after the commencement of this section), for the purposes of this Act—

(a) the child shall thereafter be treated as if he were the the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan immediately before the adoption, as having ceased to be an orphan, and

(b) if there is one adopter only, in any application after the adoption with respect to the child of the definition of ‘orphan’ contained in subsection (1) of this section, ‘the parent of whom is dead’ shall be substituted in paragraph (a) of that definition for ‘both of whose parents are dead’.

(3) Any question relating to the normal residence of a qualified child shall, for the purposes of this Act and of the Seventh Schedule to the Social Welfare Act, 1952, as applied by this Act, be decided in accordance with subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), and the rules under that subsection, but no qualified child in respect of whom, on the 3rd day of July, 1952, an allowance was payable under this Act shall be considered as not satisfying the requirements as to normal residence.

(4) Where a child would be a qualified child but for being ordinarily resident in an appointed country, he shall be treated, for the purposes of Part II of this Act, as if he were a qualified child.”

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

Amendment of section 11 of Principal Act.

110. —(1) Section 11 of the Principal Act is hereby amended by the deletion of paragraph (b).

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

Amendment of section 14 of Principal Act.

111. —(1) Section 14 of the Principal Act, as amended by section 10 of the Widows' and Orphans' Pensions Act, 1937 (No. 11 of 1937), is hereby further amended—

(a) by the deletion in subsection (1) of the words “So much (if any) of” and of the words “as consists of the widow's (contributory) allowance” and by the substitution in that subsection of the words “the said pension” for the words “the said widow's (contributory) allowance”, and

(b) by the deletion of subsection (2).

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

Amendment of section 21 of Principal Act.

112. —(1) Section 21 of the Principal Act (as inserted by section 49 of the Act of 1948) is hereby amended by the deletion of the words “of such man” and by the substitution of the words “who is a qualified child normally residing with her and who normally resided with her or the husband immediately before the death of the husband or, being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband” for the words “under the appointed age”.

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

Amendment of section 23 of Principal Act.

113. —(1) Section 23 of the Principal Act, as amended by section 15 of the Widows' and Orphans' Pensions Act, 1937 (No. 11 of 1937), and section 51 of the Act of 1948, is hereby further amended—

(a) by the deletion of subsections (1) and (2), and

(b) by the deletion in subsection (4) of the words “net weekly” and the substitution in that subsection of the words “ section 20 of this Act (inserted by section 105 of the Social Welfare Act, 1952)” for the words “this section”.

(2) Subsection (1) of this section shall come into operation on the 2nd day of January, 1953.

Amendment of section 24 of Principal Act.

114. —(1) Section 24 of the Principal Act (as inserted by section 52 of the Act of 1948) is hereby amended by the deletion of the words “who is for the time being under the appointed age”.

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

Amendment of section 26 of Principal Act.

115. —(1) Section 26 of the Principal Act, as amended by section 17 of the Widows' and Orphans' Pensions Act, 1937 (No. 11 of 1937), and section 54 of the Act of 1948, is hereby further amended—

(a) by the deletion of subsections (1) and (2), and

(b) by the deletion in subsection (5) of the words “net weekly” and the substitution in that subsection of the words “ section 25 of this Act (inserted by section 106 of the Social Welfare Act, 1952)” for the words “this section”.

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

Cesser of section 28 of Principal Act.

116. —Section 28 of the Principal Act shall cease to have effect as on and from the 4th day of July, 1952.

Amendment of section 30 of Principal Act.

117. —(1) Section 30 of the Principal Act is hereby amended—

(a) by the substitution in subsection (1) of the words “so much of a widow's pension as consists of the widow's (contributory) allowance or the widow's (non-contributory) allowance”, for the words “a widow's pension,” and

(b) by the substitution in subsection (2) of the words “a widow's pension” for paragraphs (a) and (b).

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

Amendment of section 33 of Principal Act.

118. —(1) Section 33 of the Principal Act is hereby amended by the insertion in subsection (3) of the following paragraph after paragraph (a):—

“(aa) in the case of a widow's (non-contributory) pension which does not include the widow's (non-contributory) allowance that any child's (non-contributory) allowance which is included in such pension shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom such child's (non-contributory) allowance is payable, or”.

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

Saver.

119. —(1) No person, who was immediately before the 4th day of July, 1952, entitled to a widow's (contributory), orphan's (contributory), widow's (non-contributory) or orphan's (non-contributory) pension shall, on or after the 4th day of July, 1952, receive less by way of such pension than such person would have received if sections 103 , 104 , 105 , 106 , 110 , 110 , 111 , 112 , 114 and 117 of this Act had not been enacted.

(2) No person, who was immediately before the 2nd day of January, 1953, entitled to a widow's (non-contributory) pension, shall, on or after the 2nd day of January, 1953, receive less by way of such pension than such person would have received if section 105 of this Act had not been enacted.

Attainment of age.

120. —(1) For the purposes of the Widows' and Orphans' Pensions Acts, 1935 to 1952, a person shall be deemed not to have attained the age of sixteen years until the commencement of the sixteenth anniversary of the day of his birth, and similarly with respect to any other age.

(2) Subsection (1) of this section shall come into operation on the 2nd day of January, 1953.

Application of certain provisions of this Act.

121. —Regulations may apply any of the provisions of or made under sections 29 , 31 and 41 to 48 of this Act to widows' and orphans' (non-contributory) pensions, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of the Acts.