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5 2001

SOCIAL WELFARE ACT, 2001

PART 6

Amendments Relating to Introduction of Euro

Social insurance benefits (new euro rates).

32. —(1) The Principal Act is amended by the substitution for Parts I to IV (inserted by section 4 of this Act) and Part V (inserted by section 4 of the Act of 1999) of the Second Schedule thereto of the Parts set out in Schedule C to this Act.

(2) This section comes into operation—

(a) in so far as it relates to unemployment benefit, on 27 December 2001,

(b) in so far as it relates to disability benefit, health and safety benefit, injury benefit and disablement gratuity, on 31 December 2001,

(c) in so far as it relates to carer's benefit, retirement pension, invalidity pension and a relevant payment by virtue of section 18(1)(a) of the Act of 1996, on 3 January 2002, and

(d) in so far as it relates to disablement pension, death benefit under section 60, 61 or 62 of the Principal Act, old age (contributory) pension, widow's and widower's (contributory) pension, orphan's (contributory) allowance and bereavement grant, on 4 January 2002.

Social assistance payments (new euro rates).

33. —(1) The Principal Act is amended by the substitution for Parts I, II, IIA, IIB and IIC (as amended by section 5 of this Act) of the Fourth Schedule thereto of the Parts set out in Schedule D to this Act.

(2) This section comes into operation—

(a) in so far as it relates to unemployment assistance, pre-retirement allowance and farm assist, on 26 December 2001,

(b) in so far as it relates to supplementary welfare allowance, on 31 December 2001,

(c) in so far as it relates to disability allowance, on 2 January 2002,

(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 3 January 2002, 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 4 January 2002.

Child benefit (new euro rates).

34. —(1) The Fourth Schedule to the Principal Act is amended by the substitution for Part III (as amended by section 6 of this Act) of the following Part:

“PART III

Amounts of Child Benefit

Amount for each of first 2 children

Amount for each child in excess of 2

(1)

(2)

€85.80

€109.20

(2) This section comes into operation on 1 January 2002.

Family income supplement (new weekly rates — euro).

35. —(1) The Principal Act is amended by the substitution for section 198 (as amended by section 7 of this Act) of the following section:

“Entitlement to supplement.

198.—Subject to this Act, an allowance (in this Act referred to as ‘family income supplement’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—

(a) in the case of a family which includes only 1 child, €327.60,

(b) in the case of a family which includes 2 children, €353,

(c) in the case of a family which includes 3 children, €378.40,

(d) in the case of a family which includes 4 children, €403.80,

(e) in the case of a family which includes 5 children, €435.60,

(f) in the case of a family which includes 6 children, €461,

(g) in the case of a family which includes 7 children, €482.50, or

(h) in the case of a family which includes 8 or more children, €504.10.”

(2) This section comes into operation on 3 January 2002.

New rates of employment, self-employment, optional and voluntary contributions — euro.

36. —(1) Each provision of the Principal Act mentioned in column (1) of Schedule E to this Act is amended in the manner specified in column (2) of that Schedule opposite the mention of the provision in that column (1).

(2) This section comes into operation on 1 January 2002.

Further amendments consequential on introduction of euro.

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

(a) the substitution in sections 136(2), 144(2) (inserted by section 19 of the Act of 1997), 149(2) (inserted by section 20 of the Act of 1995), 159(2) (inserted by section 17 of the Act of 1996) and 165(2) (inserted by section 16 of the Act of 1994) for “£6” in each place where that amount occurs of “€7.60”, and

(b) the substitution in sections 136(2), 144(2), 149(2), 159(2), 165(2), 191C(2) (inserted by section 13 of the Act of 1996) and 242 for “£2” in each place where that amount occurs of “€2.50”.

(2) Subject to subsection (5) of this section, the amendments effected by subsection (1) of this section shall not, in respect of any person, have the effect of reducing the appropriate scheduled rate (within the meaning of the Principal Act) of payment, by an amount greater than that by which it was reduced in respect of the means of the person concerned immediately before the commencement of this section.

(3) The Principal Act is amended by—

(a) the substitution in sections 119(1) (as amended by section 17 of the Act of 2000), 121(2)(a), 121(2)(b), 121(2)(c), 127(3) and 128(2) (both amended by section 23 of this Act), 177(1)(a)(ii), 191L(1)(c) and 191N(2)(a), 191N(2)(b) and 191N(2)(c) (inserted by section 15 of the Act of 1999) for “£1” in each place where that amount occurs of “€1”, and

(b) the substitution in sections 119(1), 127(3), 177(1)(b) and 191L(1)(c) for “50p” in each place where that amount occurs of “50 cents.”.

(4) Notwithstanding the amendments effected by subsection (3) of this section and subject to subsection (5) of this section, in the case of a person who is, on the commencement of this section, entitled to or in receipt of unemployment assistance, pre-retirement allowance, supplementary welfare allowance or farm assist in accordance with the provisions of the Principal Act, his or her means (calculated in accordance with the provisions of the Principal Act) as rounded in accordance with section 119(1), 127(3), 177(1)(b) or 191L(1)(c) of the Principal Act, immediately before the commencement of this section, shall be converted to the equivalent euro amount and rounded down to the nearest euro.

(5) Subsections (2) and (4) of this section shall cease to apply to the person concerned where the income or capital value of property, being the income or capital value of property on which the assessment of his or her means (calculated in accordance with the provisions of the Principal Act) was based on the commencement of this section, is found to have changed.

(6) Each provision of the Principal Act mentioned in column (1) of Schedule F to this Act is amended by the substitution for the amount specified in column (2) of that Schedule opposite the mention of the provision in that column (1) (whether the amount occurs once or more than once in that provision), of the amount specified in column (3) of that Schedule, opposite the mention of the amount specified in that column (2).

(7) This section, other than subsection (6), comes into operation—

(a) in so far as it relates to unemployment assistance, pre-retirement allowance and farm assist, on 26 December 2001,

(b) in so far as it relates to supplementary welfare allowance, on 31 December 2001,

(c) in so far as it relates to disability allowance, on 2 January 2002,

(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 3 January 2002, 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 4 January 2002.

(8) Subsection (6) of 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.