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11 1952

SOCIAL WELFARE ACT, 1952

Chapter II.

Amendments of Old Age Pensions Acts, 1908 to 1951.

Interpretation (Chapter II, Part VI).

76. —(1) In this Chapter—

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

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

the Act of 1951” means the Social Welfare Act, 1951 (No. 16 of 1951);

the Acts” means the Old Age Pensions Acts, 1908 to 1951;

pension” means a pension under the Acts.

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

Rates of pensions.

77. —(1) As from the 4th day of July, 1952, the rates of 20 shillings, 15 shillings, 10 shillings and 5 shillings set forth in the Table to subsection (1) of section 4 of the Act of 1951 shall each be increased by one shilling and sixpence.

(2) As from the 2nd day of January, 1953, a pension shall, subject to section 13 of the Act of 1948 as amended by this section, be at the rate set forth in the Table to this subsection in lieu of the rate fixed by section 4 of the Act of 1951 as amended by subsection (1) of this section.

TABLE.

Rate of Pension.

Means of Claimant or Pensioner

Rate of pension per week

s.

d.

Where the yearly means of the claimant or pensioner as duly calculated—

do not exceed £52 10s. 0d.

21

6

exceed

£52

10s.

0d.

but

do

not

exceed

£65

10s.

0d.

16

6

£65

10s.

0d.

£78

10s.

0d.

11

6

£78

10s.

0d.

£104

15s.

0d.

6

6

£104

15s.

0d.

No pension

(3) As from the 2nd day of January, 1953, means of a claimant or pensioner shall, in lieu of being calculated in accordance with the provisions theretofore applicable, be calculated in accordance with the rules contained in the Seventh Schedule to this Act.

(4) As from the 2nd day of January, 1953—

(a) “one hundred and four pounds fifteen shillings” shall be substituted for “sixty-five pounds five shillings” in subsection (1) of section 8 of the Act of 1924, as amended by section 4 of the Act of 1951;

(b) the reference in paragraph (a) of subsection (2) of section 13 of the Act of 1948 to Chapter II of Part II of that Act shall be construed as including a reference to subsection (2) of this section.

Review and prospective adjustment of pensions.

78. —(1) In this section—

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 2nd day of January, 1953;

the appropriate new weekly rate” means, in relation to an existing pension, a weekly rate which, having regard to subsection (2) of section 77 of this Act, will, if such pension continues to be payable after the 1st day of January, 1953, be applicable to such pension.

(2) Every pension officer shall, as soon as may be after the passing of this Act, proceed to review every existing pension in his area and shall, subject to subsection (3) of this section, adjust, with effect as from the 2nd day of January, 1953, such pension to the appropriate new weekly rate, and such pension, if it continues to be payable after the 1st day of January, 1953, shall, subject to the provisions of the Acts and this Chapter of this Part of this Act, be payable as on and from the 2nd day of January, 1953, at the weekly rate to which it is so adjusted.

(3) (a) 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 subsection (2) of section 77 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.

(b) Where an existing pension is, by virtue of section 13 of the Act of 1948, payable at a rate which equals or exceeds the appropriate new weekly rate, the pension shall not be adjusted under this section.

Maximum pension for certain widows.

79. —(1) Where—

(a) a woman is entitled under Part III of this Act to a widow's (contributory) pension immediately before the date on which she attains the age of seventy years, or

(b) a woman, who is over the age of seventy years at the date of the death of her husband, would, if she had been under that age at that date, have become entitled under Part III of this Act to a widow's (contributory) pension,

such woman shall be entitled to a pension at the maximum rate for the time being in force notwithstanding that any of the relevant statutory conditions as to means and residence is not satisfied in her case.

(2) Where, by virtue of this section, a pension would, but for the provisions of section 5 of the Old Age Pensions Act, 1911, as amended by section 4 of the Old Age Pensions Act, 1932 (No. 18 of 1932), be payable to a woman, such pension shall, notwithstanding the said provisions, be payable to such woman if she is resident in any of the countries approved of by the Minister for the purposes of this section.

Amendment of statutory condition as to residence.

80. —(1) The Act of 1932 is hereby amended—

(i) by the substitution in subsection (1) of section 2 of the words “fifteen years” for the words “thirty years” and of the words “five years of that period were subsequent to his attaining the age of fifty years, or in the case of any other person five years of that period were a continuous period ending immediately before the date of the application for an old age pension” for the words “six years, or in the case of any other person not less than sixteen years of that period were subsequent to his attaining the age of fifty years,”

(ii) by the substitution in paragraph (c) of section 6 of the words “five years” and “fifteen years” for the words “six years” and “sixteen years” respectively.

(2) Where a woman was, immediately before she attained the age of seventy years, entitled to a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts, 1935 to 1952, it shall not be necessary for the statutory condition imposed by subsection (1) of section 2 of the Act of 1932, as amended by this section, to be satisfied in her case.

(3) Subsections (1) and (2) of this section shall come into operation on the 2nd day of January, 1953.

Attainment of age.

81. —(1) For the purposes of the Old Age Pensions Acts, 1908 to 1952, a person shall be deemed not to have attained the age of seventy years until the commencement of the seventieth anniversary of the day of his birth, and similarly with respect to any other age.

(2) Section 1 of the Old Age Pensions Act, 1911, is hereby repealed.

(3) Subsections (1) and (2) of this section shall come into operation on the 2nd day of January, 1953.

Saver.

82. —No person, who was immediately before the 2nd day of January, 1953, entitled to a pension, shall, on or after the 2nd day of January, 1953, receive less by way of such pension than such person would have received if subsections (2) and (3) of section 77 of this Act had not been enacted.

Reciprocal arrangements.

83. —The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements, made with the proper authority under any other Government, in respect of matters relating to pensions, and may by any such order make such adaptations of and modifications in the Old Age Pensions Acts, 1908 to 1952, as he considers necessary.

Application of certain provisions of this Act.

84. —Regulations may apply any of the provisions of or made under sections 29 and 43 to 48 of this Act to pensions, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of the Acts.