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17 1948

SOCIAL WELFARE ACT, 1948

Chapter IV.

Amendment of the Acts operative as from the 7th day of January, 1949.

Interpretation of Part III of the Principal Act.

47. —There shall be inserted in Part III of the Principal Act the following new section:—

“15. (1) In this Part—

the expression ‘urban area’ means any area being

(a) a county or other borough, or

(b) an urban district, or

(c) a town;

the expression ‘rural area’ means any area which is not an urban area.

(2) Where a house situate in a rural area is owned by the corporation of a county or other borough or the council of an urban district or the commissioners of a town, residence in such house shall, for the purposes of this Part, be deemed to be residence in an urban area.”

Composition and rates of widows' (non-contributory) pensions.

48. —The following section shall be inserted in the Principal Act in lieu of section 20:—

“20. (1) In this section, the expression ‘qualified child’ means, in relation to a man, a child of that man who is alive and is for the time being under the appointed age.

(2) A widow's (non-contributory) pension payable to the widow of a man (being a widow of the class mentioned in column (2) of the Table to this section at any reference number) shall, subject to the provisions of this Act, be as follows—

(a) if and so long as there is or are any qualified child or children of such man, such pension shall consist of—

(i) an allowance (in this Act referred to as a widow's (non-contributory) allowance in respect of the widow at the rate set out in column (3) of the said Table at that reference number,

(ii) an allowance (in this Act referred to as a child's (non-contributory) allowance) in respect of each qualified child at the rate set out in column (4) or (5) (whichever is applicable) of the said Table at that reference number.

(b) if there is no qualified child of such man, such pension shall consist of an allowance in respect of the widow at the rate set out in column (3) of the said Table at that reference number.

Table to Section 20.

Weekly Rates of Widows' (non-contributory) Pensions.

Ref. No.

Class

Widow's (non-contributory) allowance

Child's (non-contributory) allowance

First or only qualified child or 2nd qualified child

Each other qualified child

(1)

(2)

(3)

(4)

(5)

s.

d.

s.

d.

s.

d.

1

Widow resident in an urban area

14

0

6

0

4

0

2

Widow resident in a rural area

10

0

6

0

4

0

Classes of widows to whom widows' (non-contributory) pensions may be granted.

49. —The following section shall be inserted in the Principal Act in lieu of section 21—

“21.—A widow of a man shall not be granted a widow's (non-contributory) pension unless—

(a) she has attained the age of forty-eight years and has not attained the age of seventy years, or

(b) she is under the age of seventy years and there is at least one child of such man who is for the time being alive and under the appointed age.”

Amendment of section 22 of the Principal Act.

50. —In section 22 of the Principal Act, the following subsection shall be inserted in lieu of subsection (2)—

“(2) Where—

(a) a widow's (non-contributory) pension which includes any child's (non-contributory) allowance has ceased to include such allowance, and

(b) the widow to whom such pension was granted has not at the date of such cesser attained the age of fortyseven years and six months,

such pension shall cease to be payable on the expiration of six months after the date of such cesser, without prejudice however to the regrant of a widow's (non-contributory) pension to her when she attains the age of forty-eight years.”

Amendment of section 23 of the Principal Act.

51. —In subsection (2) of section 23 of the Principal Act—

(a) the words “two shillings” shall be substituted for the words “one shilling”, and

(b) the words “two shillings” shall be substituted for the word “shilling”.

Orphans' (non-contributory) pensions.

52. —The following section shall be inserted in the Principal Act in lieu of section 24—

“24.—Subject to the provisions of this Act, a pension (in this Act referred to as an orphan's (non-contributory) pension) shall be payable in respect of an orphan child who is for the time being under the appointed age.”

Rates of orphans' (non-contributory) pensions.

53. —The following section shall be inserted in the Principal Act in lieu of section 25—

“25.—An orphan's (non-contributory) pension in respect of a child of the class mentioned in column (2) of the Table to this section at any reference number shall be at the rate set out in column (3) of the said Table at that reference number.

Table to Section 25.

Weekly Rates of Orphans' (non-contributory) Pensions.

Ref. No.

Class

Weekly rate of pension

(1)

(2)

(3)

s.

d.

1

A child resident in an urban area who is not detained in a reformatory or industrial school or resident in an institution or boarded out by a public assistance authority

8

0

2

A child resident in a rural area who is not detained in a reformatory or industrial school or resident in an institution or boarded out by a public assistance authority

6

0

3

A child who is detained in a reformatory or industrial school situate in an urban area or resident in an institution situate in an urban area or boarded out by a public assistance authority in an urban area

6

6

4

A child who is detained in a reformatory or industrial school situate in a rural area or resident in an institution situate in a rural area or boarded out by a public assistance authority in a rural area

4

6

Amendment of section 25 of the Principal Act.

54. —In subsection (2) of section 26 of the Principal Act—

(a) the words “two shillings” shall be substituted for the words “one shilling”, and

(b) the words “two shillings” shall be substituted for the word “shilling.”

Provisions in respect of home assistance to persons in receipt of non-contributory pensions.

55. —In granting home assistance to a person in receipt of or entitled to a non-contributory pension, a public assistance authority shall not take into account such pension, except so far as it exceeds ten shillings a week.

Amendment of section 75 of Principal Act.

56. —In subsection (1) of section 75 of the Principal Act, as amended by section 27 of the Widows' and Orphans' Pensions Act, 1937 (No. 11 of 1937), the words “the maximum rate for the time being in force” shall be inserted in lieu of the words “the rate of ten shillings.”

Amendment of the First Schedule to the Principal Act.

57. —The particulars set out in the Table to this section shall be inserted in the Principal Act in lieu of the First Schedule.

Table to Section 57.

“FIRST SCHEDULE.

Rules for Determining net weekly means of widows and orphans for the purposes of Part III of this Act.

Annual means.

1. (1) In the calculation of the annual means of a person for the purposes of this Schedule, the following things and no other shall be deemed to constitute the means of such person:—

(a) the yearly value ascertained in the prescribed manner of all property belonging to such person (not being property personally used or enjoyed by such person) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use;

(b) all income in cash which such person may reasonably expect to receive during the year succeeding the date of calculation, but excluding—

(i) any income received by way of relief from a public assistance authority,

(ii) any income received as a bonus under a scheme, administered by the Minister for Education, for the making of special grants to parents or guardians, resident in the Gaeltacht or Breac-Ghaeltacht, of children attending primary schools,

(iii) any income by way of voluntary or gratuitous payment, so far as it does not exceed £26 per annum, received from any source other than payment made to such person as head of the household by persons living with such person,

(iv) any income or money coming under any other paragraph of this sub-rule,

(v) any moneys received by way of pension under this Act,

(vi) any payments under section 44 of the Health Act, 1947 (No. 28 of 1947), by a health authority to or in respect of such person or her dependants;

(c) the net cash value of any income (but excluding the first £26 thereof) derived from personal exertions which such person may reasonably expect to receive during the year succeeding the date of calculation;

(d) the yearly value ascertained in the prescribed manner of any advantage accruing to such person from the use of property (other than furniture and personal effects) which is personally used or enjoyed by such person;

(e) all income and the yearly value ascertained in the prescribed manner of all property of which such person has directly or indirectly deprived herself in order to qualify herself for the receipt of a widow's (non-contributory) pension, or for the receipt of a widow's (non-contributory) pension at a higher rate than that to which she would otherwise be entitled under this Act.

(2) For the purposes of paragraphs (b) and (c) of sub-rule (1) of this rule, the income of a person shall, in the absence of other means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of calculation.

Weekly means.

2. (1) For the purposes of this Schedule, the weekly means of a person shall be such person's annual means, calculated under Rule 1 of this Schedule, divided by fifty-two.

(2) For the purposes of this rule, the annual means of a widow who has any child or children under the appointed age shall be deemed to include the annual means (if any) of such child or children, but shall not include any cash income derived from the personal exertions of such child or children.

(3) References in this Rule and in Rule 3 of this Schedule to the child or children of a widow shall be construed as references to the child or children (as the case may be) of the man who was the husband of such widow.

The appropriate sum.

3. (1) In this Schedule the expression “the appropriate sum” means, in relation to a widow,

(a) if she has no children under the appointed age, 5s.,

(b) if she has only one child under the appointed age, 9s.,

(c) if she has two or more children under the appointed age, 13s.

(2) In this Schedule “the appropriate sum” means, in relation to an orphan child, 3s.

Net weekly means.

4. (1) Where the net weekly means of a person are equal to or less than the appropriate sum, the net weekly means of such person shall, for the purposes of this Act, be nil.

(2) Where the weekly means of a person exceed the appropriate sum, the net weekly means of such person shall, for the purposes of this Act, be the excess.”

Saving for certain existing pensioners.

58. —No person, who was immediately before the 7th day of January, 1949, entitled to a non-contributory pension and of a supplement thereto under the Order of 1947, shall, on or after the 7th day of January, 1949, receive less by way of non-contributory pension than she would have received if this Act had not been passed and the Order of 1947 had continued in force.