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7 1996

SOCIAL WELFARE ACT, 1996

PART VII

Pensions

Homemakers.

24. —(1) The Principal Act is hereby amended by—

(a) the insertion in section 83(2) before the definition of “yearly average” of the following definition:

“‘homemaker’ means a person who—

(a) is resident in the State and is under pensionable age,

(b) is not engaged in remunerative employment, other than employment specified in paragraph 5 of Part II of the First Schedule,

(c) either—

(i) resides with and cares for a child under 12 years of age on a full-time basis, or

(ii) resides with and provides full-time care and attention to a person who is so incapacitated as to require full-time care and attention within the meaning of section 163(3), and

(d) other than in the case of such class or classes of person as may be prescribed, makes application to be regarded as a homemaker in the prescribed manner and within the prescribed time;”,

(b) the insertion after “attaining pensionable age” in the definition of “yearly average” contained in section 83(2) of the following proviso:

“Provided that in the case of a claimant who was a homemaker for the duration of any complete contribution year, commencing on or after the 6th day of April, 1994, in which the claimant does not have any credited contributions or voluntary contributions, such contribution year shall be disregarded for the purposes of determining the yearly average of that claimant subject to the total number of contribution years so disregarded not exceeding 20;”,

and

(c) the insertion in section 27(b) after subparagraph (ii) of the following subparagraph:

“(iii) periods in any contribution year in which they become or cease to be a homemaker within the meaning of section 83(2).”.

(2) The Social Welfare (Old Age (Contributory) Pension) Regulations, 1994 (S.I. No. 235 of 1994), are hereby revoked.

(3) This section shall be deemed to have come into operation on the 6th day of April, 1995.

Pre-retirement allowance.

25. —(1) Section 127 of the Principal Act is hereby amended by the substitution for subsection (1)(c) (inserted by section 22 (7) of this Act) of the following subsection:

“(c) (i) who has been in receipt of unemployment benefit or unemployment assistance in respect of not less than 390 days of unemployment in any continuous period of unemployment in the immediately preceding period as construed in accordance with section 120(3), or

(ii) being a separated spouse, has not engaged in remunerative employment or self-employment at any time in such preceding period as may be prescribed.”.

(2) Section 129 of the Principal Act is hereby amended by the insertion after paragraph (a) of the following paragraph:

“(aa) specify the circumstances in which a person is to be regarded as a separated spouse for the purposes of section 127(1)(c)(ii),”.

Old age (contributory) and retirement pensions — conditions for receipt.

26. —(1) Section 84 of the Principal Act is hereby amended by the substitution for subsection (14) of the following subsection:

“(14) Regulations may provide, subject to subsection (15), for entitling to old age (contributory) pension a relevant person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who, in respect of any period, has been employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 5(2)(a), 6(2)(a) or 7(2)(a) of the Social Welfare (Modifications of Insurance) Regulations, 1991 to 1995, were paid.”.

(2) Section 89 of the Principal Act is hereby amended by the substitution for subsection (6) of the following subsection:

“(6) Regulations may provide, subject to subsection (7), for entitling to retirement pension a relevant person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who, in respect of any period, has been employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 5(2)(a), 6(2)(a) or 7(2)(a) of the Social Welfare (Modifications of Insurance) Regulations, 1991 to 1995, were paid.”

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

Widow's and widower's (contributory) pension.

27. —(1) Section 101 (inserted by section 11 of the Act of 1994) of the Principal Act is hereby amended by the insertion after subsection (4) of the following subsection:

“(5) A person who, having ceased to be entitled to a pension by virtue of that person's remarriage, shall, on again becoming a widow or widower, be entitled to a pension at the rate which would have been payable had the person not remarried where the person—

(a) fails to satisfy the conditions set out in section 101(1), or

(b) on satisfying the conditions set out in section 101(1), is entitled to a pension at a rate below that which would have been payable had the person not remarried.”.

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

(3) Every reference in the Principal Act or in any other enactment to a survivor's pension shall be construed as a reference to a widow's (contributory) pension or a widower's (contributory) pension, as the case may require.

(4) Section 13(5) of the Act of 1994 is hereby repealed.

Widow's and widower's (contributory) pension — entitlement of person whose marriage has been dissolved.

28. —(1) Section 100 (inserted by section 11 of the Act of 1994) of the Principal Act is hereby amended by—

(a) the substitution for the definition of “spouse” of the following definition:

“‘spouse’, in relation to a widow or widower who has been married more than once, refers only to the widow's or widower's last spouse and for this purpose that last spouse shall be construed as including a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State;”,

and

(b) the insertion after the definition of “spouse” of the following definitions:

“‘widow’ means a widow or a woman who would otherwise be a widow but for the fact that her marriage has been dissolved, being a dissolution that is recognised as valid in the State;

widower’ means a widower or a man who would otherwise be a widower but for the fact that his marriage has been dissolved, being a dissolution that is recognised as valid in the State;”.

(2) Section 101 (1) (inserted by section 11 of the Act of 1994) of the Principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph:

“(b) if the widow's or widower's spouse was entitled to an old age (contributory) pension or a retirement pension which included an increase in respect of him by virtue of section 87(1) or section 91(1) in respect of a period ending on the spouse's death, or”.

(3) Section 3 of the No. 2 Act of 1995 is hereby repealed.

Commencement (Part VII).

29. —This Part (other than section 24 ) shall come 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 and different provisions.