CHAPTER 3

Pre-Retirement Allowance

[1988, s. 28(1)(b); 1993, s. 38(2); S.I. No. 76 of 1990, As. 5, 6]

127.—(1) Subject to this Act an allowance (in this Chapter referred to as “pre-retirement allowance”) shall, subject to regulations, be payable in respect of any period of retirement to a person—

(a) who has attained the age specified by regulations but has not attained pensionable age,

(b) who has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days for any continuous period of unemployment in the immediately preceding period as construed in accordance with section 120(3),

(c) whose weekly means, subject to subsection (2), calculated in accordance with the Rules contained in Part I of the Third Schedule do not exceed the amount of pre-retirement allowance set out in column (2) in Part I of the Fourth Schedule , increased by so much of the amount set out in the said Part as would be payable to him if he had an adult or child dependant.

[1988, s. 28(1)(b); S.I. No. 76 of 1990, As. 5, 6]

(2) Where the spouse of a claimant for pre-retirement allowance is not his adult dependant, the means of the claimant shall be taken to be one-half the means calculated in accordance with the Rules contained in Part I of the Third Schedule .

128. —(1) Subject to this section and section 122, the rate of pre-retirement allowance (in this Chapter referred to as “the scheduled rate”) shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by—

[1989, s. 24(1)(b); 1993, s. 15(2)]

(a) the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has an adult dependant, subject to the restriction that the claimant or beneficiary shall not be entitled to an increase under this paragraph in respect of more than one person, and

(b) the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary.

[1989, s. 24(1)(b); 1990, s. 40; S.I. No. 76 of 1990, A.7]

(2) Pre-retirement allowance shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £2, at the scheduled rate, and

(b) such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pre-retirement allowance would be payable is—

(i) equal to or greater than 10p but less than £1, the allowance shall be payable at the weekly rate of £1, and

(ii) less than 10p, the allowance shall not be payable.

[S.I. No. 76 of 1990, A.8(1)]

(3) Any increase of pre-retirement allowance payable pursuant to paragraph (b) of subsection (1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary is not an adult dependant and paragraph (b) of subsection (1) shall be construed and have effect accordingly.

[1988, s. 28(1)]

129.—The Minister may make regulations for the purpose of giving effect to this Chapter and such regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the age for the purposes of section 127(1)(a),

(b) specify the periods which shall be regarded as periods of retirement for the purposes of this Chapter,

(c) vary the weekly rate of pre-retirement allowance under section 128, but any such variation shall not reduce the weekly rates applicable immediately before the commencement of such regulations.

[1992, s. 37(2)]

130.—(1) Notwithstanding this Chapter and regulations made hereunder, where, immediately before the 5th day of November, 1992 (in this Chapter referred to as “the appointed day”) a woman, who had not attained pensionable age, was in receipt of single woman's allowance, pre-retirement allowance shall be payable to her from the appointed day at the same rate as the said single woman's allowance which was payable to her immediately before the said day:

Provided that she continues to satisfy the conditions as to means in accordance with section 127(1)(c).

[1992, s. 37(3)]

(2) For the purposes of subsection (1) a woman who was in receipt of single woman's allowance immediately before the appointed day shall be deemed—

(a) to be retired within the meaning of regulations made for the purposes of section 129(b), and

(b) to have complied with the requirement contained in section 127(1)(b).

[1992, s. 37(4)]

(3) 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 appointed day shall be deemed to be a decision to award pre-retirement allowance to such person on and from the said day.

[1992, s. 37(2)]

(4) In this Chapter a reference to “single woman's allowance” means single woman's allowance which was payable by virtue of section 198 (repealed by section 37 of the Social Welfare Act, 1992 ) of the Social Welfare (Consolidation) Act, 1981 , and regulations made thereunder.

[1992, s. 37(5)]

131.—(1) Where, immediately before the appointed day, a woman had applied for a single woman's allowance, and that application had not been finally determined, pre-retirement allowance shall be payable to her at the same rate as the single woman's allowance which, but for section 37 of the Social Welfare Act, 1992 , would have been payable to her.

[1992, s. 37(6)]

(2) Where, on the appointed day, a single woman was of or over the age of 56 years and under the age of 58 years, she shall, if she had 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 129(b), and

(b) to have complied with the requirement contained in section 127(1)(b),

when she attains the age of 58 years.