PART II

Death Grant, Invalidity Pension, Retirement Pension, Old Age (Care) Allowance and Deserted Wife's Allowance.

3. —This Part of this Act shall come into operation on the 1st day of October, 1970.

4. —Section 14 of the Act of 1952 is hereby amended by the insertion of the following paragraphs after paragraph (h) (inserted by the Social Welfare (Occupational Injuries) Act, 1966 ) of subsection (1):

“(i) death grant,

(j) invalidity pension,

(k) retirement pension.”

5. —The following section is hereby inserted in the Act of 1952 as section 25B:

“Death Grant

25B. (1) Subject to the provisions of this Act, a death grant shall be payable, to such person or persons as may be prescribed, on the death of—

(a) an insured person,

(b) the wife or husband of an insured person,

(c) the widow or widower of a deceased insured person, or

(d) a qualified child,

if the relevant contribution conditions are satisfied, but only one death grant shall be paid by virtue of this section on any one death.

(2) For the purposes of this section, item 3 of Part II of the Third Schedule to this Act and paragraph 7 of the Fourth Schedule thereto ‘qualified child’ means a person—

(a) who is under the age of eighteen at the date of death,

(b) who is ordinarily resident in the State on that date, and

(c) in respect of whose death the relevant contribution conditions for death grant are not satisfied by such person's insurance or the insurance of such person's wife or husband.”

6. —The following section is hereby inserted in the Act of 1952 as section 25C:

“Invalidity Pension

25C. (1) Subject to the provisions of this Act, a person shall be entitled to invalidity pension if—

(a) he is permanently incapable of work, and

(b) he satisfies the relevant contribution conditions.

(2) The conditions under which a person shall be regarded for the purposes of this section as being permanently incapable of work shall be specified by regulations.

(3) Regulations may provide for disqualifying a person for receiving invalidity pension if he fails without good cause to observe any prescribed rules of behaviour.”

7. —The following section is hereby inserted in the Act of 1952 as section 25D:

“Retirement Pension

25D. (1) Subject to the provisions of this Act, a person who has attained the age of sixty-five years shall be entitled to retirement pension for any period of retirement if he satisfies the relevant contribution conditions.

(2) The periods which shall be regarded for the purposes of this section as periods of retirement shall be specified by regulations.”

8. —Section 26 of the Act of 1952 is hereby amended by the insertion after subsection (4) (inserted by the Act of 1968) of the following subsections:

“(5) The weekly rate of invalidity pension shall be increased by the amount set out in column (3) of Part I of the Third Schedule to this Act for—

(a) any period during which—

(i) the beneficiary is living with or wholly or mainly maintaining his wife, or

(ii) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity, or

(b) any period during which the beneficiary, being a single man or a widower, is wholly or mainly maintaining a female person over the age of sixteen years having the care of one or more than one qualified child who normally resides or reside with him,

subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension in respect of more than one person specified in paragraph (b) of this subsection.

(6) The weekly rate of retirement pension shall be increased by the amount set out in column (3) of Part I of the Third Schedule to this Act for any period during which—

(a) the beneficiary is living with or wholly or mainly maintaining his wife, or

(b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity.”

9. —Section 27 (1) of the Act of 1952 is hereby amended by the insertion after “old age (contributory) pension” (inserted by the Act of 1964) of “or invalidity pension or retirement pension”.

10. —The following section is hereby inserted in the Act of 1952 after section 28A (inserted by the Act of 1960):

“28B. (1) Subject to the provisions of the next subsection, regulations made with the sanction of the Minister for Finance may provide for entitling to death grant persons who would be entitled thereto but for the fact that the contribution condition set out in subparagraph (b) of paragraph 7 of the Fourth Schedule to this Act is not satisfied.

(2) Regulations for the purposes of the foregoing subsection shall provide that death grant payable by virtue thereof shall be of an amount less than that specified in the Third Schedule to this Act, and the amount specified by the regulations may vary with the extent to which the relevant contribution condition is satisfied.

(3) Subject to the provisions of the next subsection, regulations made with the sanction of the Minister for Finance may provide for entitling to retirement pension persons who would be entitled thereto but for the fact that the relevant contribution conditions are not satisfied as respects the average number of contributions paid or credited per contribution year.

(4) Regulations for the purposes of the foregoing subsection shall provide that retirement pension payable by virtue thereof shall be payable at a rate less than that specified in the Third Schedule to this Act, and the rate specified by the regulations may vary with the extent to which the relevant contribution conditions are satisfied, but any increase of that pension payable under section 26 (6) (in respect of an adult dependant) or section 27 (1) (in respect of a qualified child) of this Act shall be the same as if the relevant contribution conditions had been fully satisfied.”

11. —Section 30 of the Act of 1952 is hereby amended by the insertion of “, invalidity pension” after “unemployment benefit”.

12. —Section 31 of the Act of 1952 is hereby amended by the addition of the following subsection :

“(5) Regulations for the purposes of this section may be so framed as to make payment of death grant, invalidity pension and retirement pension subject to any specified conditions, limitations or restrictions and, in particular, in the case of persons absent from the State, may modify the periods which may be regarded for the purposes of section 25D of this Act as periods of retirement.”

13. —Section 32 of the Act of 1952 is hereby amended by the insertion of “or invalidity pension” after “disability benefit” in both subsection (4) and subsection (5) (a).

14. —Section 37 (1) of the Act of 1952 is hereby amended by the insertion of “, invalidity pension” after “maternity benefit” and of “, retirement pension or death grant” after “old age (contributory) pension” (inserted by the Act of 1960).

15. —Section 47 (2) (b) of the Act of 1952 is hereby amended by the insertion of “invalidity pension, retirement pension,” before “old age (contributory) pension” (inserted by the Act of 1960).

16. —The following section is hereby inserted in the Act of 1952 after section 66A (inserted by the Act of 1960) :

“66B. (1) Contributions paid under the National Health Insurance Acts, 1911 to 1952, by or in respect of an employed contributor may be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for invalidity pension or retirement pension.

(2) Regulations may provide for modifications of the contribution conditions for death grant in the case of a person who is an insured person at the commencement of section 5 of the Social Welfare Act, 1970, and who during the year subsequent to such commencement is absent from the State for any period or is credited with contributions in respect of any period of unemployment, incapacity for work or retirement or is or becomes a voluntary contributor paying contributions at the rate specified in section 6 (2) (b) of this Act.

(3) Regulations under this section shall be subject to the sanction of the Minister for Finance.”

17. —The Third Schedule to the Act of 1952 is hereby amended by the addition to Part II (inserted by the Act of 1965) of the following item:

“3. Death Grant:

18. —The Fourth Schedule to the Act of 1952 is hereby amended by the addition thereto of the paragraphs set out in the Schedule to this Act.

19. —Section 9 of the Act of 1952 is hereby amended by the insertion of the following subsection after subsection (2) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1962 ):

“(3) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of so much of any contribution paid by an employed contributor or a voluntary contributor who entered into insurance for the purposes of paragraph 9 of the Fourth Schedule to this Act after he had attained the age of fifty-five years as is determined in accordance with the regulation ions to have been paid in respect of retirement pension.”

20. —(1) Section 25 (2) of the Social Welfare (Occupational Injuries) Act, 1966 , is hereby amended by the insertion of the following paragraphs after paragraph (c):

“(d) invalidity pension,

(e) retirement pension,”

(2) Section 36 (4) of the Social Welfare (Occupational Injuries) Act, 1966 , is hereby amended by the insertion of “and (i) to (k)” after “paragraphs (a) to (g)”.

(3) Section 37 (2) (b) of the Social Welfare (Occupational Injuries) Act, 1966 , is hereby amended by the insertion of “or invalidity pension” after “disability benefit” in both subparagraph (i) and subparagraph (ii).

21. —(1) An allowance (in this section referred to as an old age (care) allowance) at the rate of £2 15s. 0d. per week shall be paid out of moneys provided by the Oireachtas to a person who has attained the age of seventy years in respect of any period during which—

(a) such person is so incapacitated as to require full-time care and attention,

(b) there is residing with such person for the purpose of providing that care and attention a female relative of such person (being a relative specified for the purposes of this subsection by regulations),

(c) such conditions as may be specified for the purposes of this subsection by regulations are fulfilled, and

(d) the yearly means of such person calculated in accordance with the Rules for the Calculation of Means in the Seventh Schedule to the Act of 1952, applicable in the case of a claimant to pension under the Old Age Pensions Acts, 1908 to 1970, do not exceed £299 15s.

(2) The Minister may make regulations with respect to old age (care) allowances and such regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under the Act of 1952 and the Acts amending and extending that Act.

(3) Section 3 (other than subsection (4)) of the Act of 1952 shall be construed and have effect as if—

(a) references therein to a power to make regulations included references to a power to make regulations under this or the next section, and

(b) references therein to regulations included references to any regulations under this or the next section.

22. —(1) An allowance (in this section referred to as a deserted wife's allowance) shall, subject to regulations, be paid out of moneys provided by the Oireachtas to a woman—

(a) who has been deserted by her husband,

(b) who has not attained the age of seventy years,

(c) who, if she is less than fifty years of age, has at least one qualified child residing with her, and

(d) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

(2) The rate of a deserted wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under the Widows' and Orphans' Pensions Acts, 1935 to 1970, if her husband were dead.

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that her husband were dead, such child would be a qualified child in relation to her for the purposes of the Widows' and Orphans' Pensions Acts, 1935 to 1970.

(4) Any question relating to the normal residence of a qualified child shall, for the purposes of this section and the regulations thereunder, be decided in accordance with section 5 (2) of the Children's Allowances (Amendment) Act, 1946 , and the rules under that subsection.

(5) The Minister may make regulations with respect to deserted wife's allowance and such regulations may, in particular and without prejudice to the generality of the foregoing,—

(a) specify the circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband,

(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under the Act of 1952 and the Acts amending and extending that Act, and

(c) in applying the provisions of section 46 of the Act of 1952, provide, notwithstanding anything contained in that section, that in any case in which a deserted wife's allowance is by virtue of a revised decision given by a deciding officer or an appeals officer disallowed or reduced, such amount as the Minister may direct of any of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.

23. —(1) If in any respect any difficulty arises in bringing into operation this Part of this Act, the Minister may, subject to the sanction of the Minister for Finance, by order do anything which appears to be necessary or expedient for bringing this Part of this Act into operation, and any such order may modify the provisions of this Part of this Act so far as may appear necessary or expedient for carrying the order into effect.

(2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it annulling the order, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder,

(3) No order may be made under this section after the expiration of one year after the commencement of this Part of this Act.