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3 1981

SOCIAL WELFARE (AMENDMENT) ACT, 1981

PART IV

Repeals and Minor Amendments

Repeal of certain obsolete provisions of Principal Act.

12. —Sections 34 (5), 34 (8), 131 (3) and 131 (4) of the Principal Act are hereby repealed.

Amendment of section 45 of Principal Act.

13. —Section 45 (2) (a) (which relates to occupational injuries benefit) of the Principal Act is hereby amended by the deletion of “£234 in a year” and the substitution therefor of “such amount as may be prescribed”.

Occupational injuries benefit (payment of prescribed relative allowance to certain pensioners).

14. —(1) Section 50 of the Principal Act is hereby amended by the addition of the following subsection:

“(11) In the case of a person who has attained pensionable age, the weekly rate of pension under subsection (2) or (6) shall be increased by the amount set out in column (6) of Part I of the Second Schedule (as amended by the Social Welfare (Amendment) Act, 1981) for any period during which—

(i) the beneficiary is so incapacitated as to require fulltime care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.”.

(2) Section 51 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) The death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule, increased, in the case of a person who has attained pensionable age, by—

(a) the amount set out in column (6) of that Part (as amended by the Social Welfare (Amendment) Act, 1981) for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled;

(b) the amount set out in column (7) of that Part where the beneficiary is living alone.

(3) Section 124 of the Principal Act is hereby amended by the insertion of “50 (11), 51 (2),” after “sections”.

Extension of meaning of “adult dependant” in the case of old age (contributory) pension and retirement pension.

15. —(1) Section 81 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant and which is not a period in respect of which the adult dependant is in receipt of old age (contributory) pension, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.”.

(2) Section 86 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) The weekly rate of retirement pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.”.

Extension of meaning of “qualified child” in the case of retirement pension and invalidity pension.

16. —(1) Section 86 of the Principal Act is hereby amended by the addition of the following subsection:

“(5) In determining the weekly rate of retirement pension payable to a widow, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.”.

(2) Section 91 of the Principal Act is hereby amended by the addition of the following subsection:

“(5) In determining the weekly rate of invalidity pension payable to a widow, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.”.

Unemployment assistance (meaning of “trade dispute”).

17. —Section 135 (1) of the Principal Act is hereby amended by the addition of “‘trade dispute’ has the meaning assigned by section 35 (6)”.

Unemployment assistance (offences by bodies corporate).

18. —Section 144 of the Principal Act is hereby amended by the addition of the following subsections:

“(5) Where an offence under this Chapter or under regulations made under this Chapter is committed by a body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body corporate or was purporting to act in any such capacity shall also be guilty of that offence.

(6) It shall be a good defence to a prosecution for an offence under subsection (5) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.

(7) Any summons or other document required to be served for the purpose of proceedings under this Chapter on a body corporate may be served—

(a) by leaving it at or sending it by post to the registered office of the body corporate,

(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or

(c) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.”.

Amendment of section 305 of Principal Act.

19. —Section 305 of the Principal Act (which relates to means for the purposes of the Debtors Act (Ireland), 1872) is hereby amended by the deletion of “with the exception of assistance under Chapters 2 and 3 of Part III”.

Amendment of section 269 of Principal Act.

20. —Section 269 of the Principal Act (which relates to the Supplementary Unemployment Fund) is hereby amended by the substitution for subsections (4) and (5) of the following subsections:

“(4) Any moneys forming part of the Fund may from time to time be paid over to the Minister for Finance and by him invested and kept invested at his discretion on behalf of the Fund and income arising from any such investment shall be paid into the Fund.

(5) An investment under subsection (4) may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.”.