No. 17/1948:

SOCIAL WELFARE ACT, 1948

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and collective citations.

2 Definitions generally.

3 Repeals and revocations.

4 Cesser of payment of supplements under the Order of 1947.

PART II AMENDMENTS OF THE OLD PENSIONS ACTS, 1908 TO 1938

CHAPTER I Preliminary and General

5 Commencement of Chapter II of Part II.

6 Interpretation of Part II.

7 Review and prospective adjustment of pensions.

8 Birth certificates.

CHAPTER II Amendments of the Acts operative as from the 7th day of January 1949

9 Increase of rates of pensions.

10 Amendment of section 8 of the Act of 1924.

11 Payments under section 44 of the Health Act, 1947, not to be taken into account when calculating means.

12 Lowering to 21 years of qualifying age for blind pensions and other provisions in relation to blind pensions.

13 Saving for certain existing pensioners.

PART III AMENDMENTS OF THE NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1947

14 Commencement of Part III.

15 Interpretation of Part III.

16 Rates of contributions.

17 Amendment of section 15 of the National Health Insurance and Widows' and Orphans' Pensions Act, 1936.

18 Rates of sickness and disablement benefits.

19 Amendment of section 109 of the Principal Act.

20 Provision of funds for Medical Certificate Fund.

21 Payment of certain sums out of National Health Insurance Fund to the Exchequer.

22 Power of the Society to make rules.

PART IV AMENDMENTS OF THE UNEMPLOYMENT ACTS, 1920 To 1946

23 Interpretation of Part IV.

24 Amendment of meaning in the Acts of a continuous period of unemployment and amendment of Article 7 of the Scheme.

25 Amendment of First Schedule to the Principal Act and amendment of section 8 of the said Act.

26 Amendment of paragraph 1 of the Second Schedule to the Principal Act.

27 Payment out of the Unemployment Fund to the Exchequer.

28 Alteration of rates of contribution.

29 Amendment of section 1 of the Unemployment Insurance Act, 1922, and paragraph 4 of the Second Schedule to the Scheme.

PART V AMENDMENTS OF THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1940

30 Interpretation of Part V.

31 Amendment of meaning in the Acts of a continuous period of unemployment.

32 Alteration of rates of unemployment assistance.

33 Amendment of section 10 of the Principal Act.

34 Amendment of section 15 of the Principal Act.

35 Amendment of section 16 of the Principal Act.

PART VI AMENDMENTS OF THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1947

CHAPTER I Preliminary and General

36 Commencement of Chapters II, III and IV of Part VI.

37 Interpretation of Part VI Acts.

38 Payment of child's (contributory) allowance in certain cases.

CHAPTER II Amendments of the Acts operative as from the 1st day of October, 1948

39 Amendment of section 13 of the Principal Act.

40 Interpretation of Part II of the Principal Act.

41 Composition and rates of widows' (contributory) pensions.

42 Rates of orphans' (contributory) pensions.

43 Saving for certain existing pensioners.

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

CHAPTER III Amendment of the Acts operative as from the 4th day of October, 1948

45 Amendment of Second Schedule to the Principal Act.

46 Amendment of section 40 of the Principal Act.

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

47 Interpretation of Part III of the Principal Act.

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

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

50 Amendment of section 22 of the Principal Act.

51 Amendment of section 23 of the Principal Act.

52 Orphans' (non-contributory) pensions.

53 Rates of orphans' (non-contributory) pensions.

54 Amendment of section 26 of the Principal Act.

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

56 Amendment of section 75 of the Principal Act.

57 Amendment of the First Schedule to the Principal Act.

58 Saving for certain existing pensioners.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

AN ACT TO AMEND AND EXTEND THE FOLLOWING ENACTMENTS, NAMELY, THE OLD AGE PENSIONS ACTS, 1908 TO 1938, THE NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1947, THE UNEMPLOYMENT INSURANCE ACTS, 1920 TO 1946, THE INSURANCE INDUSTRY UNEMPLOYMENT INSURANCE SCHEME, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1940, AND THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1947, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[18th August, 1948.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Social Welfare Act, 1948 .

(2) The Old Age Pensions Acts, 1908 to 1938, and Part II of this Act may be cited together as the Old Age Pensions Acts, 1908 to 1948.

(3) The National Health Insurance Acts, 1911 to 1947, and Part III of this Act may be cited together as the National Health Insurance Acts, 1911 to 1948.

(4) The Unemployment Insurance Acts, 1920 to 1946, and Part IV of this Act may be cited together as the Unemployment Insurance Acts, 1920 to 1948.

(5) The Unemployment Assistance Acts, 1933 to 1940, and Part V of this Act may be cited together as the Unemployment Assistance Acts, 1933 to 1948.

(6) The Widows' and Orphans' Pensions Acts, 1935 to 1947, and Part VI of this Act may be cited together as the Widows' and Orphans' Pensions Acts, 1935 to 1948.

2.—In this Act—

the expression "the Minister" means the Minister for Social Welfare;

the expression "the Order of 1947" means the Social Welfare Schemes (Cash Supplements) Order, 1947 (S. R. & O., No. 76 of 1947), as amended by the Social Welfare Schemes (Cash Supplements) Order, 1947 (First Amendment) Order, 1947 (S. R. & O., No. 307 of 1947), and the Social Welfare Schemes (Cash Supplements) Order, 1947 (Second Amendment) Order, 1947 (S. R. & O., No. 366 of 1947).

3.—(1) The enactments mentioned in column (2) of any Part of the First Schedule to this Act are hereby repealed to the extent specified in column (3) of that Part and as on and from the respective dates specified in column (4) of that Part.

(2) The Orders mentioned in column (2) of the Second schedule to this Act are hereby revoked.

4.—No payment shall be made under any provision of the year of 1947 mentioned in column (2) of the Third Schedule to this Act at any reference number in respect of any week or day later than the week or day (as the case may be) specified in column (3) of the said Schedule at that reference number.

PART II AMENDMENTS OF THE OLD PENSIONS ACTS, 1908 TO 1938

CHAPTER I Preliminary and General

5.—Chapter II of this Part shall come into operation on the 7th day of January, 1949.

6.—(1) In this Part—

the expression "the Act of 1924" means the Old Age Pensions Act, 1924 (No. 19 of 1924);

the expression "the Act of 1932" means the Old Age, Pensions Act, 1932 (No. 18 of 1932);

the expression "the Acts" means the Old Age Pensions Acts, 1908 to 1938;

the word "pension" means a pension payable under the Acts.

(2) This Part shall be construed as one with the Acts.

7.—(1) In this section

the expression "existing pension" means a pension which—

( a ) is payable at the date of the passing of this Act, or

( b ) commences to accrue before the 7th day of January, 1949;

the expression "the appropriate new weekly rate" means, in relation to an existing pension, the weekly rate which, having regard to Chapter II of this Part, will, if such pension continues to be payable after the 6th day of January, 1949, be applicable to such pension.

(2) Every pension officer shall proceed to review every existing pension in his area and shall, subject to subsection (3) of this section, adjust, with effect as from the 7th day of January, 1949, such pension to the appropriate new weekly rate, and such pension, if it continues to be payable after the 6th day of January, 1949, shall, subject to the provisions of the Acts and Chapter II of this Part, be payable, as on and from the 7th day of January, 1949, at the weekly rate to which it is so adjusted.

(3) For the purposes of the review and adjustment of an existing pension under this section, the reference to the yearly means of the pensioner, contained in the Table to section 9 of this Act, shall be construed as a reference to the yearly means of the pensioner as they stood determined at the date of the review and adjustment.

8.—Where, for the purposes of the Acts, the age of any person is required to be proved by the production of a certificate of birth, any person shall, on presenting a written requisition in such form and containing such particulars as the Minister for Health may direct and on payment of a fee of sixpence, be entitled to obtain a certified copy of the entry of the birth in the register of births under the hand of the registrar, superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by the registrar, superintendent registrar or other person having the custody of the register.

CHAPTER II Amendments of the Acts operative as from the 7th day of January 1949

9.—A pension shall, subject to section 13 of this Act, be at the rate set forth in the Table to this section in lieu of the rate fixed by section 2 of, and the First Schedule to, the Act of 1924, as amended by section 2 of the Old Age Pensions Act, 1928 (No. 1 of 1928).

TABLE TO SECTION 9.

Rate Of Pension.

10.—In subsection (1) of section 8 of the Act of 1924, the words "fifty-two pounds five shillings" shall be substituted for the words "thirty-nine pounds five shillings".

11.—In calculating, for the purposes of the Acts, as amended by this Chapter, the means of any person no account shall be taken of any payments made, under section 44 of the Health Act, 1947 (No. 28 of 1947), by a health authority to or in respect of that person or his dependants.

12.—(1) Section 6 (which provides for the payment of pensions to blind persons aged thirty years or upwards) of the Act of 1932 is hereby amended in the following respects:—

( a ) the words "person who has attained the age of twenty-one years" shall be substituted for the words "person who has attained the age of thirty years" wherever the latter words occur,

( b ) in paragraph (c) the words "ten years" shall be substituted for the words "eighteen years".

(2) ( a ) In calculating the income, mentioned in paragraph (b) of subsection (1) of section 2 of the Old Age Pensions Act, 1911, of a blind person, no account will be taken of the earnings of that person except, and in so far as, the annual amount of such earnings is calculated to exceed an amount made up as follows:—

(i) if that person is a man, £52, plus £39 if he has a wife, plus £26 for each child,

(ii) if that person is a woman, £52, plus £26 for each child, plus £39 if she has a husband living with her who is prevented by physical or mental infirmity from supporting himself;

( b ) In this subsection—

the word "earnings" includes wages, profit from any form of self-employment in a trade or business (including farming), unemployment benefit and unemployment assistance; the word "child" means, in relation to a blind person, any child of that blind person or his wife or her husband who is under the age of sixteen years.

(3) In calculating, for the purposes of the Acts, as amended by this Chapter, the means of a blind person who is being paid an allowance or grant in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act, 1920, no account shall be taken of such grant or allowance.

(4) Where a person, who was in receipt of a pension under section 6 of the Act of 1932 on the 6th day of January, 1949, raises a question for an increase of pension and notice of the question is received by the pension officer concerned not later than the 1st day of July, 1949, the notice shall, for the purpose of section 6 of the Old Age Pensions Act, 1919, be deemed to have been received by the pension officer on the 7th day of January, 1949.

13.—(1) No person, who was, immediately before the 7th day of January, 1949, in receipt of a pension and a supplement thereto under the Order of 1947, shall, if he continues to be entitled to such pension after the 6th day of January, 1949, receive less by way of pension than he would have received if this Act had not been passed and the Order of 1947 had continued in force.

(2) ( a ) In this subsection, the expression "the standard weekly rate" means, in relation to a pension, the rate at which such pension would for the time being be payable under the Acts, as amended by this Chapter, if subsection (1) of this section had not been enacted.

( b ) Where, by virtue of subsection (1) of this section, a person is, on or after the 7th day of January, 1949, in receipt of a pension at a weekly rate higher than the standard weekly rate, the pension officer concerned shall from time to time review such pension and on any such review make such adjustments (if any) in the weekly rate thereof as would be appropriate if this Act had not been passed and the Order of 1947 had continued in force, but shall not so adjust such pension that it becomes payable at a weekly rate lower than the standard weekly rate.

(c) Where any pension is adjusted under this subsection, such pension shall thereupon, but subject to any further adjustment, become payable at the weekly rate to which it is so adjusted.

PART III AMENDMENTS OF THE NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1947

14.—This Part shall come into operation on the 4th day of October, 1948.

15.—(1) In this Part—

the expression "the Act of 1920" means the National Health Insurance Act, 1920;

the expression "the Principal Act" means the National Insurance Act, 1911;

the expression "the Society" means Cumann an Árachais Náisiúnta ar Shláinte.

(2) This Part shall be construed as one with the National Health Insurance Acts, 1911 to 1947.

16.—(1) The contributions payable under the Principal act in respect of employed contributors shall be at the rates set out in the Table to this section, instead of the rates specified in Part II of the First Schedule to the Act of 1920, and references in any enactment to Part II of the Second Schedule to the Principal act shall be construed as references to the Table to this section.

(2) The reference in subsection (10) of section 81 of the Principal Act to the difference between the amount of contributions actually paid by or in respect of a contributor at the rate specified in Part II of the Second Schedule to the Principal Act and the amount which would have been paid if those contributions had been at the rate specified in Part I of that Schedule shall be construed as a reference to the sum of two pence.

TABLE TO SECTION 16.

Rates of contributions in respect of employed contributors.

Contributions by Employers and Employed Contributors.

17.—In subsection (1) of section 15 of the National Health Insurance and Widows' and Orphans' Pensions Act, 1936 (No. 12 of 1936), the words "seven pence" shall be substituted for the words four pence and one half-penny.

18.—(1) The ordinary rate of sickness benefit shall be in the case of a man the sum of twenty-two shillings and sixpence a week and in the case of a woman the sum of eighteen shillings a week throughout the whole period of twenty-six weeks.

(2) The rate of disablement benefit shall be in the case of a man fifteen shillings a week and in the case of a woman thirteen shillings and sixpence a week.

(3) In subsection (1) of section 12 of the National Health Insurance Act, 1918 (as amended by subsection (3) of section 2 of the Act of 1920), the words "sixteen shillings and sixpence" and the words "thirteen shillings and sixpence" shall be substituted for the words "nine shillings" and words "seven shillings and sixpence" respectively.

19.—In section 109 of the Principal act, as amended by the Act of 1920, the words "ten shillings" shall be substituted for the words "seven shillings and sixpence".

20.—(1) There shall be debited to the benefit fund of the Society, in respect of each member (not being a serving soldier) of the Society, for the year 1948 and for every succeeding year, such sum as the Minister may, with the consent of the Minister for Finance, determine.

(2) The sums directed by subsection (1) of this section to be debited to the benefit fund of the Society shall be credited to the Medical Certification Fund.

(3) For the purpose of calculating the total sums to be debited to the benefit fund of the Society under this section, the total number of members (not being serving soldiers) of the Society shall be calculated in such manner as the Minister shall direct.

21.—So much of the moneys payable under paragraph (5) of Article 3 of the Social Welfare (Substitutive Allowances) Order, 1948 ( S.I. No. 8 of 1948 ), by the Minister to public assistance authorities as is referable to seven-ninths of the payments made by those authorities under paragraph (1) of the said Article 3 shall be paid out of the National Health Insurance Fund to the Exchequer.

22.—The Committee of Management of the Society, with the approval of the Minister, may make rules for the administration of the affairs of the Society, and may revoke or amend any of the existing rules.

PART IV AMENDMENTS OF THE UNEMPLOYMENT ACTS, 1920 To 1946

23.—(1) In this Part—

the expression "the Acts" means the Unemployment Insurance Acts, 1920 to 1946;

the expression "the Principal Act" means the Unemployment Insurance Act, 1920;

the expression "the Scheme" means The Insurance Industry Unemployment Insurance Scheme established under the Acts.

(2) This Part shall be construed as one with the Acts.

24.—(1) For the purposes of the Acts—

( a ) any three days (including three days of which one or two is or are before the date of the passing of this Act) of unemployment, whether consecutive or not, within a period of six consecutive days shall be treated as a continuous period of unemployment, and

( b ) any such continuous period of unemployment and either another such continuous period of unemployment or a continuous period of unemployment before the date of the passing of this Act, being separated by a period of not more than twenty weeks, shall be treated as one continuous period of unemployment, and

( c ) the expression "continuously unemployed" shall be construed accordingly.

(2) In Article 7 of the Scheme, paragraph (1) (being the paragraph inserted by the Unemployment Insurance (Insurance Industry Special Scheme) Amendment Order, 1942 (S. R. & O., No. 550 of 1942)) shall be deleted and the following paragraph substituted:—

"(1) The conditions for the receipt of out-of-work benefit by a person insured under the Scheme shall be the conditions mentioned in relation to unemployment benefit in section 7 of the Act, as amended by section 10 of the Unemployment Insurance (No. 2) Act, 1921, and by subsection (1) of section 24 of the Social Welfare Act, 1948 , and the said section 7 as so amended shall apply for the purposes of the Scheme."

25.—(1) Paragraph (h) of Part II of the First Schedule to the Principal act is hereby amended by the substitution of the words "five hundred pounds" for the words "two hundred and fifty pounds" where the latter words occur.

(2) Subsection (1) of this section shall come into operation on such day as the Minister shall by order fix for that purpose.

(3) ( a ) Any stated insurance year, during the whole or any part of which a person was engaged in any employment, which, before the commencement of subsection (1) of this section, was, by virtue of paragraph (A) of Part II of the First Schedule to the Principal act, an excepted employment and during which no contribution was paid in respect of that person under the Acts or the Scheme shall, as respects any claim to unemployment benefit or out-of-work benefit made on or after the commencement of subsection (1) of this section, be disregarded for the purposes of subsection (4) of section 8 of the Principal act, as amended by section 6 of the Unemployment Insurance Act, 1926 (No. 21 of 1926), or the said subsection (4) as so amended and applied to the Scheme.

( b ) In this subsection, the expression "stated insurance year" means—

(i) in relation to a claimant to unemployment benefit, any insurance year in the period which began on the 7th day of October, 1940, and will end on the 3rd day of October, 1948,

(ii) in relation to a claimant to out-of-work benefit, any insurance year in the period which began on the 1st day of July, 1940, and will end on the 30th day of June, 1949.

26.—In the Second Schedule to the Principal act, there shall be substituted, for paragraph 1, the following paragraph:—

"1. Unemployment benefit shall be payable in respect of each week of any continuous period of unemployment after the first week of unemployment and shall, in the case of recipients of any class set out in column (2) of the Table to this paragraph at any reference number, be at the weekly rate set out in column (3) of the said Table at that reference number.

TABLE TO PARAGRAPH 1.

Weekly Rates of Benefit.

27.—A sum equal to so much (if any) of the moneys paid, under Article 13 of the Order of 1947, into the Unemployment Fund as is referable to payments made, under Article 6 of the Order of 1947, in respect of the period commencing on the 1st day of July, 1948, and ending on the day immediately preceding the date of the passing of this Act shall be paid out of the Unemployment Fund to the Exchequer.

28.—(1) The contributions payable under the Acts in respect of employed persons by those persons and by their employers respectively shall, in lieu of the rates fixed by subsection (1) of section 2 of the Unemployment Insurance Act, 1933 (No. 44 of 1933), be at the respective rates set out in columns (3) and (4) of the Table to this subsection.

TABLE TO SUBSECTION (1).

Weekly rates of contributions payable by employed persons and employers.

(2) Subsection (1) of this section shall come into operation on the 4th day of October, 1948.

29.—(1) Subsection (1) of section 1 of the Unemployment Insurance Act, 1922, shall be construed and have effect—

( a ) as if for the words "five shillings", where they occur, there were substituted the words "seven shillings and sixpence", and

( b ) as if for the words "one shilling" there were substituted the words "two shillings and sixpence".

(2) Paragraph 4 of the Second Schedule to the Scheme shall be construed and have effect—

( a ) as it for the words "five shillings" where they occur, there were substituted the words "seven shillings and sixpence", and

( b ) as if for the words "one shilling" there were substituted the words "two shillings and sixpence".

PART V AMENDMENTS OF THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1940

30.—(1) In this Part—

the expression "the Acts" means the Unemployment Assistance Acts, 1933 to 1940;

the expression "the Principal Act" means the Unemployment Assistance Act, 1933 (No. 46 of 1933).

(2) This Part shall be construed as one with the Acts.

31.—For the purposes of the Acts—

( a ) any three days (including three days of which one or two is or are before the date of the passing of this Act) of unemployment, whether consecutive or not, within a period of six consecutive days shall be treated as a continuous period of unemployment, and

( b ) any such continuous period of unemployment and either another such continuous period of unemployment or a continuous period of unemployment before the date of the passing of this Act, being separated by a period of not, in more than twenty weeks, shall be treated as one continuous period of unemployment, and

( c ) the expression "continuously unemployed" shall be construed accordingly.

32.—(1) There shall be inserted in section 17 of the Principal act, as subsection (1) thereof, the following subsection:—

"(1) ( a ) In this section the expression 'the scheduled rate' means the rate of unemployment assistance stated in the Schedule to this Act which is, in the circumstances for the time being existing, applicable to the person in respect of whom the expression is used.

( b ) Where a house owned by the corporation of a county or other borough or the council of an urban district or the commissioners of a town is situate outside such county or other borough, urban district or town (as the case may be), a person for the time being residing in such house shall, for the purposes of the Schedule to this Act, be deemed to be resident in such county or other borough, urban district or town, and not elsewhere."

(2) There shall be inserted in the Principal act, as the Schedule thereto, the particulars set out in the Fourth Schedule to this Act.

33.—Where a house owned by the corporation of a county borough or of the borough of Dun Laoghaire is situate outside such county borough or the borough of Dun Laoghaire (as the case may be), a person for the time being resident in such house shall, for the purposes of paragraph (c) of subsection (3) of section 10 of the Principal act, be deemed to be resident in such county borough or the borough of Dun Laoghaire (as the case may be) and not elsewhere.

34.—Where a house owned by the corporation or the council of an urban area is situate outside such urban area, then, for the purposes of paragraph (e) (inserted by subsection (1) of section 7 of the Unemployment Assistance (Amendment) Act, 1940 (No. 4 of 1940)) of subsection (1) of section 15 of the Principal act—

( a ) a person resident in such house shall be deemed to be resident in such urban area and not elsewhere,

( b ) a person who has during any period been ordinarily resident in such house shall be deemed to have been during that period ordinarily resident in such urban area and not elsewhere.

35.—The following subsection shall be substituted for subsection (2) of section 16 of the Principal act:—

"(2) A person who loses his employment through his misconduct, or who voluntarily leaves his employment without just cause shall be disqualified for receiving unemployment assistance for the period of three months or such shorter period (not being less than one week) as may be determined under this Act from the date when he so lost or left his employment."

PART VI AMENDMENTS OF THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1947

CHAPTER I Preliminary and General

36.—(1) Chapter II of this Part shall come into operation on the 1st day of October, 1948.

(2) Chapter III of this Part shall come into operation on the 4th day of October, 1948.

(3) Chapter IV of this Part shall come into operation on the 7th day of January 1949.

37.—(1) In this Part—

the expression "the Acts" means the Widows' and Orphans' Pensions Acts, 1935 to 1947;

the expression "contributory pension" means a pension which is either a widow's (contributory) pension or an orphan's (contributory) pension;

the expression "non-contributory pension" means a pension which is either a widow's (non-contributory) pension or an orphan's (non-contributory) pension

the expression "the Principal Act" means the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935).

(2) This Part shall be construed as one with the Acts.

38.—(1) Notwithstanding anything contained in the Acts, where—

( a ) the widow of a man remarries, and

( b ) a child of such man is during any period—

(i) detained in a reformatory or industrial school, or

(ii) in pursuance of an order of a court, in the custody of some person other than such widow, or

(iii) deserted or abandoned by such widow, or

(iv) resident in an institution or boarded out by a public assistance authority, payment may be made in accordance with the Acts during that period of an orphan's (contributory) pension in respect of such child, but such pension shall be at the same rate as the rate of the child's (contributory) allowance that would be payable if such widow had not remarried and such child were living with her.

(2) Notwithstanding anything contained in the Acts, where—

( a ) the widow of a man remarries, and

( b ) a child of such man is at the time of the marriage—

(i) detained in a reformatory or industrial school, or

(ii) in pursuance of an order of a court, in the custody of some person other than such widow, or

(iii) deserted or abandoned by such widow, or

(iv) resident in an institution or boarded out by a public assistance authority, and

( c ) such widow subsequently resumes custody of the child,

payment of any child's (contributory) allowance that may be appropriate may be made in accordance with the Acts in respect of the child as from the time when custody of the child is resumed.

(3) This section shall be deemed to have come into operation on the 1st day of Janary, 1947.

CHAPTER II Amendments of the Acts operative as from the 1st day of October, 1948

39.—In paragraph (c) of subsection (1) of section 13 of the Principal act the words "or the five contribution years" shall be inserted after the words "the three contribution years" and the words "or five years (as the case may be)" shall be inserted at the end of the paragraph after the words "three years".

40.—(1) There shall be inserted in Part II of the Principal act the following new section:—

"8A.—(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 that house shall, for the purposes of this Part, be deemed to be residence in an urban area.

(3) Where a person, to whom a widow's (contributory) pension or an orphan's (contributory) pension is payable, is for the time being resident in an appointed country, such person shall, for the purposes of this Part, be deemed to be resident in—

( a ) in case such person was at any time resident in the State, the place in the State in which such person last resided,

( b ) in any other case, the place in the State in which the person, in respect of whose insurance the pension is payable, last resided.

(4) ( a ) Where a deceased person was during the relevant period normally engaged in agricultural employment and also during such period was normally an employed contributor within the meaning of the National Health Insurance Acts, such person shall be deemed, for the purposes of this Part, to have been an agricultural worker.

( b ) If any question arises under paragraph (a) of this subsection whether any person was during the relevant period normally engaged in agricultural employment or normally an employed contributor, within the meaning of the National Health Insurance Acts, the question shall be referred to the Minister whose decision shall be final.

( c ) In this subsection the expression 'the relevant period' means—

(i) in relation to a person who died on or after the date on which he attained the age of seventy years, the period of three years immediately preceding the said date, but in calculating the said period of three years no account shall be taken of any unbroken period ending on the said date during which such person was incapable of work by reason of some specific disease or mental or bodily infirmity, and

(ii) in relation to a person who died before he attained the age of seventy years, the period of three years immediately preceding the date of his death, but in calculating the said period of three years no account shall be taken of any unbroken period ending on the said date during which such person was incapable of work by reason of some specific disease or mental or bodily infirmity."

(2) Section 7 (which defines "urban area" and "rural area" and is repealed as from the 7th day of January, 1949, by this Act) of the Principal act shall cease to apply to the interpretation of Part II of the Principal act.

41.—The following section shall be inserted in the Principal act in lieu of section 10—

"10—(1) In this section the expression 'qualified child' means, in relation to an insured person, a child of that person who is alive and is for the time being under the appointed age.

(2) A widow's (contributory) pension payable to the widow of an insured person (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 person, such pension shall consist of—

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

(ii) an allowance (in this Act referred to as a child's (contributory) allowance) in respect of each qualified child at the rate set out in column (4), (5), (6), (7), (8) or (9) (whichever is applicable) of the said Table at that reference number,

( b ) if there is no qualified child of such person, 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 10

Weekly Rates of Widows' (Contributory) Pensions.

42.—The following section shall be inserted in the Principal act in lieu of section 12:—

"12.—An orphan's (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 12.

Rates of Orphans' Contributory Pensions.

"

43.—No person, who was immediately before the 1st day of October, 1948, entitled to a contributory pension and of a supplement thereto under the Order of 1947, shall, on or after the 1st day of October, 1948, receive less by way of contributory pension than she would have received if this Act had not been passed and the Order of 1947 had continued in force.

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

(2) Section 54 of the Principal Act shall cease to apply in respect of a person in receipt of or entitled to a contributory pension.

CHAPTER III Amendment of the Acts operative as from the 4th day of October, 1948

45.—There shall be inserted in the Principal Act in lieu of the Second Schedule thereto the following:—

"SECOND SCHEDULE

RATES OF CONTRIBUTIONS.

PART I

ORDINARY RATES

PART II

RATES APPLICABLE IN THE CASE OF PERSONS ENGAGED IN AGRICULTURAL EMPLOYMENT

46.—(1) In subsection (1) of section 40 of the Principal act, the words "eleven pence and one half-penny" shall be inserted in lieu of the word "eightpence".

(2) In subsection (3) of section 40 of the Principal Act, the word "sixpence" shall be inserted in lieu of the words "one half thereof".

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

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."

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.

"

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."

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 forty-seven 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."

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".

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."

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 rite set out in column (3) of the said Table at that reference number.

TABLE TO SECTION 25.

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

"

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."

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.

56.—In subsection (1) of section 75 of the Principal act, as amended by section 27 of the 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."

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

"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."

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.

Section 3 (1).

FIRST SCHEDULE

ENACTMENTS REPEALED.

PART I

OLD AGE, PENSIONS ACTS, 1908 TO 1938

PART II

NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1947

PART III

UNEMPLOYMENT INSURANCE ACTS, 1920 TO 1946

PART IV

UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1940

PART V

WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1947

Section 3 (2).

SECOND SCHEDULE

ORDERS REVOKED.

Section 4.

THIRD SCHEDULE

DATES OF CESSER OF SUPPLEMENTS UNDER THE SOCIAL WELFARE SCHEMES (CASH SUPPLEMENTS) ORDER, 1947, AS AMENDED BY SUBSEQUENT ORDERS.

Section 32

FOURTH SCHEDULE

PARTICULARS TO BE INSERTED IN THE UNEMPLOYMENT ASSISTANCE ACT, 1933 .

"SCHEDULE

RATES OF UNEMPLOYMENT ASSISTANCE.

"