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1 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

CHAPTER 5

Allowances for Certain Women

Deserted wife's allowance.

[1970, s. 22; 1972, s. 19; 1979, s. 7]

195. —(1) A deserted wife's allowance shall, subject to regulations, be paid to a woman—

(a) who has been deserted by her husband,

(b) who, if she is less than 40 years of age, has at least one qualified child residing with her, and

(c) 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 Chapter 4 if she were a widow.

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4 .

(4) The Minister may make regulations in relation to deserted wife's allowance and the 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 Parts I , II and VIII , and

(c) in applying the provisions of section 300 , 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.

Prisoner's wife's allowance.

[1974 (No. 2), s. 9; 1979, s. 7]

196. —(1) A prisoner's wife's allowance shall, subject to regulations, be paid to a woman—

(a) whose husband, being a prisoner, has been committed in custody to a prison or place of detention for a period of not less than 6 calendar months,

(b) who, if she is less than 40 years of age, has at least one qualified child residing with her, and

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

(2) The rate of a prisoner's 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 Chapter 4 if she were a widow.

[1979, s. 8]

(3) A prisoner's wife's allowance shall continue to be paid for a period of 4 weeks after the release of the prisoner from a prison or place of detention.

(4) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4 .

(5) The Minister may make regulations in relation to prisoner's wife's allowance and the 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 Parts I II and VIII .

Social assistance allowance.

[1973, s. 8; 1979, s. 7]

197. —(1) A social assistance allowance shall, subject to regulations, be paid to a woman—

(a) who is unmarried,

(b) who has at least one qualified child residing with her, and

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

(2) The rate of a social assistance allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 4 if she were a widow.

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if she is the mother of the child and if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4 .

(4) The Minister may make regulations in relation to a social assistance allowance and the 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 being an unmarried mother,

(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I , II and VIII , and

(c) in applying the provisions of section 300 provide, notwithstanding anything contained in that section, that in any case in which a social assistance 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 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.

Single woman's allowance.

[1974 (No. 2), s. 8]

198. —(1) A single woman's allowance shall, subject to regulations, be paid to a woman—

(a) who is single,

(b) who has attained the age of 58 years but has not attained pensionable age, and

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

[1980, s. 13]

(2) A single woman's allowance shall be payable—

(a) where her weekly means do not exceed £1, at the weekly rate set out in column (2) of Part I of the Fourth Schedule , and

(b) where her weekly means exceed £1, at that rate reduced by the amount set out in column (2) of Part II of the Fourth Schedule for each amount (if any) of £1 by which those weekly means exceed £1, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the allowance would be payable is less than 50p, the allowance shall not be payable.

(3) The Minister may make regulations in relation to a single woman's allowance and the 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 Parts I , II and VIII .