Number 5/2001: PART 3 Improvement in Social Welfare Schemes

5 2001

SOCIAL WELFARE ACT, 2001

PART 3

Improvement in Social Welfare Schemes

Maternity and adoptive benefits — increase in duration.

12. —(1) The Principal Act is amended by—

(a) the substitution in paragraph (a) of section 37(4) (inserted by section 10 of the Act of 1997) for “fourteenth” of “twenty-second”,

(b) in section 37(5) (inserted by section 10 of the Act of 1997)—

(i) the substitution in paragraph (b) for “14” of “18”, and

(ii) the substitution in paragraph (c) for subparagraph (ii) of the following subparagraph:

“(ii) is in insurable self-employment, for a period commencing on the day after the day on which the death of the mother occurs—

(A) where the mother dies before the expiry of the fourteenth week following the week of her confinement, to the end of the fourteenth week following the week of her confinement, or

(B) where the mother dies after the expiry of the fourteenth week but before the expiry of the twenty-second week following the week of her confinement, to the end of the twenty-second week following the week of her confinement:”,

and

(c) the substitution in paragraph (b) of section 41G(4) (as amended by section 11 of the Act of 1997) for “10” in each place where it occurs of “14”.

(2) This section shall have effect in respect of persons whose entitlement to maternity or adoptive benefit commences on or after the commencement of this section.

(3) This section comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(4) An order under subsection (3) may, if the order so provides, have retrospective effect.

Assessment of means — improvements.

13. —(1) Part I of the Third Schedule to the Principal Act is amended by—

(a) in Rule 1(2) (as amended by section 26 of the Act of 1997)—

(i) the insertion after subparagraph (h) of the following subparagraph:

“(hh) in the case of unemployment assistance, any moneys, subject to such limit as may be prescribed, received by way of repayment of expenses necessarily incurred in relation to travel and meals while undergoing a course of education, training or development approved by the Minister,”,

(ii) the insertion after subparagraph (k) of the following subparagraph:

“(kk) payments in respect of not more than two persons boarded out under section 10 of the Health (Nursing Homes) Act, 1990 , received from a health board or a person boarded out, in so far as the aggregate amount of payment received in respect of each person boarded out does not exceed an amount equivalent to the rate set out in column (2) at reference 4 of Part I of the Fourth Schedule,”,

and

(iii) the substitution for subparagraph (m) of the following subparagraph:

“(m) in such cases as may be prescribed, any moneys received by way of a maintenance grant under—

(i) a scheme administered by the Minister for Education and Science under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, or

(ii) a scheme administered under the aegis of the Minister for Education and Science and known as the—

(I) Maintenance Grants Scheme for Students attending Post-Leaving Certificate Courses,

(II) Vocational Education Committees Scholarship Scheme, or

(III) Third-Level Maintenance Grants Scheme for Trainees,”,

and

(b) the insertion after Rule 2 of the following Rule:

“2A.—(1) Notwithstanding the provisions of this Schedule, for the purposes of disability allowance, the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together, the spouse of the claimant or beneficiary shall not, subject—

(a) to such limit,

(b) to such conditions,

(d) for such periods,

as shall be prescribed, be taken into account in calculating the means of the claimant or beneficiary.

(2) In this Rule ‘gross proceeds derived from the sale of the principal residence’ means—

(a) the agreed sale price of the residence, or

(b) where the claimant or beneficiary purchases alternative accommodation, the difference between the agreed sale price of the former residence and the agreed purchase price of the replacement residence.

(3) Paragraph (1) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.”.

(2) Part II of the Third Schedule to the Principal Act is amended by—

(a) in Rule 1(4) (as amended by section 26 of the Act of 1997)—

(i) the substitution in subparagraph (f) for clauses (ii) and (iii) of the following clauses:

“(ii) payments by a health board in respect of a child who is boarded out,

(iii) payments in respect of not more than two persons boarded out under section 10 of the Health (Nursing Homes) Act, 1990 , received from a health board or a person boarded out, in so far as the aggregate amount of payment received in respect of each person boarded out does not exceed an amount equivalent to the rate set out in column (2) at reference 4 of Part I of the Fourth Schedule, or

(iv) a mobility allowance payable under section 61 of the Health Act, 1970 , to the person,”,

(ii) the insertion after subparagraph (m) of the following subparagraph:

“(mm) in the case of one-parent family payment, any moneys, subject to such limit as may be prescribed, received by way of repayment of expenses necessarily incurred in relation to travel and meals while undergoing a course of education, training or development approved by the Minister,”,

and

(iii) the substitution for subparagraph (n) of the following subparagraph:

“(n) in the case of blind pension or one-parent family payment, any moneys received by way of a maintenance grant under—

(i) a scheme administered by the Minister for Education and Science under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, or

(ii) a scheme administered under the aegis of the Minister for Education and Science and known as the—

(I) Maintenance Grants Scheme for Students attending Post-Leaving Certificate Courses,

(II) Vocational Education Committees Scholarship Scheme, or

(III) Third-Level Maintenance Grants Scheme for Trainees,”,

and

(b) the substitution in Rule 2(1) for “old age (non-contributory) pension” of “old age (non-contributory) pension or blind pension”.

(3) Rule 1(1) (as amended by section 26 of the Act of 1997) of Part III of the Third Schedule to the Principal Act is amended by—

(a) the insertion after subparagraph (b) of the following subparagraph:

“(bb) payments in respect of not more than two persons boarded out under section 10 of the Health (Nursing Homes) Act, 1990 , received from a health board or a person boarded out, in so far as the aggregate amount of payment received in respect of each person boarded out does not exceed an amount equivalent to the rate set out in column (2) at reference 4 of Part I of the Fourth Schedule,”,

and

(b) the substitution for subparagraph (n) of the following subparagraph:

“(n) in such cases as may be prescribed, any moneys received by way of a maintenance grant under—

(i) a scheme administered by the Minister for Education and Science under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, or

(ii) a scheme administered under the aegis of the Minister for Education and Science and known as the—

(I) Maintenance Grants Scheme for Students attending Post-Leaving Certificate Courses,

(II) Vocational Education Committees Scholarship Scheme, or

(III) Third-Level Maintenance Grants Scheme for Trainees,”.

(4) Rule 1(3) of Part IV of the Third Schedule (as inserted by section 16 of the Act of 1999) to the Principal Act is amended by—

(a) the insertion after subparagraph (j) of the following subparagraph:

“(jj) payments in respect of not more than two persons boarded out under section 10 of the Health (Nursing Homes) Act, 1990 , received from a health board or a person boarded out, in so far as the aggregate amount of payment received in respect of each person boarded out does not exceed an amount equivalent to the rate set out in column (2) at reference 4 of Part I of the Fourth Schedule,”,

and

(b) the substitution for subparagraph (l) of the following subparagraph:

“(l) in such cases as may be prescribed, any moneys received by way of a maintenance grant under—

(i) a scheme administered by the Minister for Education and Science under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, or

(ii) a scheme administered under the aegis of the Minister for Education and Science and known as the—

(I) Maintenance Grants Scheme for Students attending Post-Leaving Certificate Courses,

(II) Vocational Education Committees Scholarship Scheme, or

(III) Third-Level Maintenance Grants Scheme for Trainees,”.

(5) This section, other than subsections (1)(a)(iii), (2)(a)(iii), (3)(b) and (4)(b) comes into operation—

(a) in so far as it relates to unemployment assistance, pre-retirement allowance and farm assist, on 28 March 2001,

(b) in so far as it relates to supplementary welfare allowance, on 2 April 2001,

(d) in so far as it relates to one-parent family payment (other than where payable in respect of a widow or widower), carer's allowance and a relevant payment by virtue of section 18(1)(b) or (c) of the Act of 1996, on 5 April 2001, and

(e) in so far as it relates to old age (non-contributory) pension, blind pension, widow's and widower's (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and orphan's (non-contributory) pension, on 6 April 2001.

(6) Subsections (1)(a)(iii), (2)(a)(iii), (3)(b) and (4)(b) of this section come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Respite care grant — increase.

14. —The Principal Act is amended by—

(a) the substitution for section 82F (inserted by section 10 of the Act of 2000) of the following section:

“Carer's benefit — respite care grant.

82F.—(1) Subject to subsection (2), a grant (in this section referred to as a ‘respite care grant’) shall—

(a) in the case of a person to whom section 82D(1)(a) applies, be payable in the amount of £800, or such higher amount as may be prescribed, and

(b) in any other case, be payable in the amount of £400, or such higher amount as may be prescribed,

to a carer in respect of the cost of respite care.

(2) A grant in accordance with subsection (1) shall be payable in each year to a carer who, on such date in each year as may be prescribed, is entitled to or in receipt of carer's benefit and only one such respite care grant shall be payable in each year to a carer.”,

and

(b) the substitution for section 168A (as amended by section 22 of the Act of 2000) of the following section:

“Carer's allowance — respite care grant.

168A.—(1) In this section a ‘relevant carer’ means a person who is—

(a) a carer who is entitled to or in receipt of carer's allowance under this Chapter,

(b) a prescribed relative within the meaning of section 163 and in respect of whom an allowance is payable under section 167, or

(c) providing full-time care to a person who is in receipt of an increase of disablement pension under section 57 in respect of the need for constant attendance.

(2) Subject to subsection (3), a grant (in this section referred to as a ‘respite care grant’) shall—

(a) in the case of a carer to whom section 165(1)(a) applies, be payable in each year in the amount of £800, or such higher amount as may be prescribed, and

(b) in the case of any other relevant carer, be payable in each year in the amount of £400 or such higher amount as may be prescribed,

in respect of the cost of respite care.

(3) Only one respite care grant shall be payable to a relevant carer in each year.

(4) Regulations made under this section shall prescribe—

(a) the date in each year on which a respite care grant shall become payable to a relevant carer, and

(b) the evidence to be submitted by a relevant carer to whom subsection (1)(c) applies, to show that he or she is on that date providing the care referred to in that subsection.”.

Island allowance.

15. —(1) The Principal Act is amended by—

(a) the insertion in section 2(1) (as amended by section 8 of this Act) after the definition of “insured person” of the following definition:

“‘island’ means any island, lying off the cost of the State, that is prescribed;”,

(b) the insertion in section 60 (as amended by section 14 of the Act of 1997) after subsection (5) of the following subsection:

“(6) The weekly rate of pension under subsection (2) shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained pensionable age and is ordinarily resident on an island.”,

(c) the substitution for subsection (2) (as amended by section 32 of the Act of 1994) of section 61 of the following subsection:

“(2) Subject to subsections (3) and (4), 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—

(a) by the amount set out in column (6) of that Part I of the Second Schedule where the beneficiary is living alone, and

(b) by the amount set out in column (8) of that Part I of the Second Schedule where the beneficiary is ordinarily resident on an island.”,

(d) the insertion in section 87 after subsection (5) 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 is ordinarily resident on an island.”,

(e) in subsection (4) of section 87A (inserted by section 16 of the Act of 2000)—

(i) the deletion in paragraph (c) of “and”, and

(ii) the substitution for paragraph (d) of the following paragraphs:

“(d) the amount set out in column (7) at reference 3 of Part I of the Second Schedule where the beneficiary has attained the age of 80 years, and

(e) the amount set out in column (8) at reference 3 of Part I of the Second Schedule where the beneficiary is ordinarily resident on an island.”,

(f) the insertion in section 91 after subsection (5) 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 pensionable age and is ordinarily resident on an island.”,

(g) the insertion in section 99 after subsection (5) (as amended by section 32 of the Act of 1994) of the following subsection:

“(6) The weekly rate of invalidity pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained pensionable age and is ordinarily resident on an island.”,

(h) the insertion in section 104 after subsection (3) (as amended by section 27 of the Act of 1996) of the following subsection:

“(4) The weekly rate of pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained pensionable age and is ordinarily resident on an island,”,

(i) in section 137 (as amended by section 17 of the Act of 1999)—

(i) the deletion in paragraph (b) of “and”, and

(ii) the substitution for paragraph (c) of the following paragraphs:

“(c) by the amount set out in column (7) of Part I of the Fourth Schedule where the beneficiary has attained the age of 80 years, and

(d) by the amount set out in column (8) of Part I of the Fourth Schedule where the beneficiary is ordinarily resident on an island,”,

(j) in section 145 (inserted by section 19 of the Act of 1997)—

(i) the deletion in paragraph (a) of “and”, and

(ii) the substitution for paragraph (b) of the following paragraphs:

“(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the beneficiary has attained the age of 80 years, and

(c) by the amount set out in column (8) of Part I of the Fourth Schedule where the beneficiary has attained pensionable age and is ordinarily resident on an island,”,

(k) the insertion in section 159 (inserted by section 17 of the Act of 1996) after subsection (3) of the following subsection:

“(4) The weekly rate of one-parent family payment shall be increased by the amount set out in column (8) of Part I of the Fourth Schedule where the beneficiary has attained pensionable age and is ordinarily resident on an island.”,

and

(l) the substitution for section 165(1) (as amended by section 23 of the Act of 1997) of the following subsection:

“(1) Subject to this Act, the rate (in this Chapter referred to as ‘the scheduled rate’) of carer's allowance shall be—

(a) in the case of a person who is a carer of more than one relevant person, the weekly rate set out in column (2) at reference 8(a) in Part I of the Fourth Schedule, and

(b) in any other case, the weekly rate set out in column (2) at reference 8(b) in Part I of the Fourth Schedule,

increased by—

(i) the appropriate amount set out in column (4) of that Part opposite that reference in respect of each qualified child who normally resides with the beneficiary, and

(ii) the amount set out in column (8) of that Part opposite that reference where the beneficiary has attained pensionable age and is ordinarily resident on an island.”.

(2) This section comes into operation on—

(a) in so far as it relates to retirement pension, invalidity pension, a relevant payment by virtue of section 18(1)(a), (b) or (c) of the Act of 1996, one-parent family payment (other than where payable in respect of a widow or widower) and carer's allowance on 5 April 2001, and

(b) in so far as it relates to death benefit under section 60, 61 or 62 of the Principal Act, old age (contributory) pension, widow's and widower's (contributory) pension, old age (non-contributory) pension, blind pension, widow's and widower's (non-contributory) pension and one-parent family payment payable in respect of a widow or widower on 6 April 2001.

Disability allowance — removal of couple limitation.

16. —(1) The Principal Act is amended by—

(a) the deletion of section 191E (inserted by section 32(1)(c) of the Act of 1999), and

(b) the substitution in subsection (2) of section 191P (inserted by section 15 of the Act of 1999) for “pre-retirement allowance, disability allowance or farm assist” in each place where those words occur of “pre-retirement allowance or farm assist”.

(2) This section comes into operation on 4 April 2001.

Living alone allowance — extension of scheme.

17. —(1) The Principal Act is amended by—

(a) the substitution in section 56 for subsection (1) (as amended by section 20 of the Act of 1994) of the following subsection:

“(1) Subject to this Act, the weekly rate of disablement pension shall be increased by the amount set out in column (2) of Part IV of the Second Schedule if, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable and by the amount set out in column (3) of Part IV of the Second Schedule where the beneficiary is living alone.”,

(b) the substitution for subsection (4) of section 99 (as amended by section 15 of this Act) of the following subsection:

“(4) The weekly rate of invalidity pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule where the beneficiary is living alone.”,

(c) the substitution in section 137 (as amended by section 15 of this Act) for paragraph (b) of the following paragraph:

“(b) by the amount set out in column (6) of Part I of the Fourth Schedule where the beneficiary is living alone,”,

(d) in section 191C(1) (as amended by section 28 of the Act of 1997)—

(i) the deletion in paragraph (a) of “and”, and

(ii) the substitution for paragraph (b) of the following paragraphs:

“(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, and

(2) This section comes into operation—

(a) in so far as it relates to disability allowance, on 4 April 2001,

(b) in so far as it relates to invalidity pension, on 5 April 2001, and

Carer's benefit— payment after death.

18. —Section 210 of the Principal Act is amended by—

(a) the substitution in the definition of “relevant person” in subsection (1) (as amended by section 13 of the Act of 1999) for “section 163(1)” of “section 82A(1) and 163(1)”,

(b) the substitution in paragraph (a) (as amended by section 17 of the Act of 1999) of subsection (2) for “or a carer's allowance” of “, a carer's benefit or a carer's allowance”.

Constant attendance allowance — improvements.

19. —(1) The Principal Act is amended by the substitution for section 57 (as amended by section 39 of the Act of 1996) of the following section:

“Increase of disablement pension where constant attendance is needed.

57.—(1) Where a disablement pension is payable in respect of an assessment of 50 per cent. or more, then, if as a result of the relevant loss of faculty the beneficiary requires constant attendance, the weekly rate of the pension shall be increased by the amount set out in Part IV of the Second Schedule.

(2) An increase of pension under this section shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time:

Provided that no such increase shall be payable in respect of any period during which the beneficiary is receiving medical treatment as an in-patient in a hospital or similar institution.”.

(2) This section comes into operation on 6 April 2001.

Improvement in qualifying conditions.

20. —The Principal Act is amended by—

(a) the substitution in section 32(1) (as amended by section 17 of the Act of 1997) for paragraph (b) of the following paragraph:

“(b) (i) 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, or

(ii) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the last two complete contribution years before the beginning of the benefit year which includes the day for which the benefit is claimed,

and”,

(b) the substitution in subparagraph (a)(i) of section 38 (inserted by section 10 of the Act of 1997) for clause (B) of the following clause:

“(B) (I) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day, or

(II) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the last two complete contribution years before the beginning of the benefit year in which the relevant day occurs,

or”,

(c) the substitution in subparagraph (a)(ii) of section 41B(1) (inserted by Article 6 of the European Communities (Social Welfare) Regulations, 1995 (S.I. No. 25 of 1995)) for clause (B) of the following clause:

“(B) (I) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the first day for which health and safety benefit is claimed, or

and”,

(d) the substitution in subparagraph (a)(i) of section 41H(1) (inserted by section 11 of the Act of 1997) for clause (B) of the following clause:

or”, and

(e) the substitution in section 43(1) (as amended by section 8 of the Social Welfare (No. 2) Act, 1993 ) for paragraph (b) of the following paragraph:

“(b) (i) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 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, or

and”.