IE
SOCIAL WELFARE ACT, 1952
Table of Provisions (7)
Statutory Text (7 Articles)
FIRST SCHEDULE. Employments and Excepted Employments.
Employments and Excepted Employments.
Part I. Employments.
Part I.
Employments.
Section 4.
1. Employment in the State under any contract of service or apprenticeship, written or oral, whether expressed or implied, and whether the employed person is paid by the employer or some other person, and whether under one or more employers, and whether paid by time or by the piece or partly by time and partly by the piece, or otherwise, or without any money payment.
2. Employment under such a contract as aforesaid—
(i) as master or a member of the crew of—
(I) any ship registered in the State, or
(II) any other ship or vessel of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State, or
(ii) as captain or a member of the crew of—
(I) any aircraft registered in the State, or
(II) any other aircraft of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State.
3. (a) Employment in the civil service of the Government.
(b) Employment such that the service therein of the employed person is, or is capable of being, deemed under section 24 of the Superannuation Act, 1936 (No. 39 of 1936), to be service in the civil service of the Government.
4. Employment as a member of the Defence Forces.
5. Employment under any local or other public authority.
6. Employment as a member of the crew of a fishing vessel where the employed person is wholly remunerated by a share in the profits or the gross earnings of the working of the vessel.
7. Employment as an outworker, that is to say, a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials for the purposes of the trade or business of the last-mentioned person.
Part II. Excepted Employments.
Part II.
Excepted Employments.
1. Employment at a rate of remuneration exceeding in value six hundred pounds a year, or in cases where such employment involves part-time service only, at a rate of remuneration which is equivalent to a rate of remuneration exceeding six hundred pounds a year for whole-time service.
2. Employment in the service of the husband or wife of the employed person.
3. Employment of a casual nature otherwise than for the purposes of the employer's trade or business, and otherwise than for the purposes of any game or recreation where the persons employed are engaged or paid through a club.
4. Employment by a prescribed relative of the employed person, being either employment in the common home of the employer and the employed person or employment specified by regulations as corresponding to employment in the common home of the employer and the employed person.
5. Employment specified in regulations as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood.
6. Employment specified in regulations as being of inconsiderable extent.
SECOND SCHEDULE. Rates of Employment Contributions.
Rates of Employment Contributions.
Section 6.
1. Except in the cases referred to in paragraphs 2 and 3 of this Schedule, there shall be ordinary rate employment contributions as follows
(a) payable by the employed contributor
(a) payable by the employed contributor
2s. 4d. in the case of a male employed contributor and 1s. 4d. in the case of a female employed contributor.
2s. 4d. in the case of a male employed contributor and 1s. 4d. in the case of a female employed contributor.
(b) payable by the employer
(b) payable by the employer
2s. 4d. in the case of a male employed contributor and 2s. 0d. in the case of a female employed contributor.
2s. 4d. in the case of a male employed contributor and 2s. 0d. in the case of a female employed contributor.
2. In case the employment is of a male employed contributor and is mainly in agriculture, there shall be special rate employment contributions as follows
(a) payable by the employed contributor
(a) payable by the employed contributor
1s. 3d.
1s. 3d.
(b) payable by the employer
(b) payable by the employer
1s. 3d.
1s. 3d.
3. In case the employment is of a female employed contributor and is mainly in agriculture or domestic service, there shall be special rate employment contributions as follows
(a) payable by the employed contributor
(a) payable by the employed contributor
9d.
9d.
(b) payable by the employer
(b) payable by the employer
1s. 3d.
1s. 3d.
THIRD SCHEDULE. Rate or Amount of Benefit.
Rate or Amount of Benefit.
Part I. Rates of periodical benefits and of increases thereof.
Part I.
Rates of periodical benefits and of increases thereof.
Sections 14, 26, 27.
Description of benefit.
Description of benefit.
Weekly rate.
Weekly rate.
Increase for adult dependant (where payable).
Increase for adult dependant (where payable).
Increase for qualified child or for each of two qualified children (where payable).
Increase for qualified child or for each of two qualified children (where payable).
(1)
(1)
(2)
(2)
(3)
(3)
(4)
(4)
shillings.
shillings.
shillings.
shillings.
shillings.
shillings.
1. Disability Benefit and Unemployment Benefit
1. Disability Benefit and Unemployment Benefit
(a) in the case of persons over the age of eighteen—
(a) in the case of persons over the age of eighteen—
(i) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband or married woman entitled to an increase for a qualified child or each of two qualified children or for a husband
(i) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband or married woman entitled to an increase for a qualified child or each of two qualified children or for a husband
24
24
12
12
7
7
(ii) for any other married woman
(ii) for any other married woman
18
18
—
—
—
—
(b) in the case of persons under the age of eighteen—
(b) in the case of persons under the age of eighteen—
where the person is entitled to an increase for a qualified child or each of two qualified children or for an adult dependant
where the person is entitled to an increase for a qualified child or each of two qualified children or for an adult dependant
24
24
12
12
7
7
where the person is not so entitled
where the person is not so entitled
18
18
—
—
—
—
2. Maternity Allowance
2. Maternity Allowance
24
24
—
—
—
—
3. Widow's (contributory) Pension
3. Widow's (contributory) Pension
24
24
—
—
7
7
4. Orphan's (contributory) Allowance
4. Orphan's (contributory) Allowance
10
10
—
—
—
—
Part II. Amount of grants.
Part II.
Amount of grants.
Description of grant
Description of grant
Amount
Amount
(1)
(1)
(2)
(2)
Pounds
Pounds
1. Marriage Grant
1. Marriage Grant
10
10
2. Maternity Grant
2. Maternity Grant
2
2
FOURTH SCHEDULE. Contribution Conditions.
Contribution Conditions.
Section 14.
1. Disability benefit or unemployment benefit.
The contribution conditions for disability benefit or unemployment benefit are:—
(a) that not less than twenty-six employment contributions have been paid in respect of the claimant in respect of the period between the claimant's entry into insurance and the day for which the benefit is claimed, and
(b) that not less than fifty employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed,
but, as respects unemployment benefit, employment contributions under paragraph 3 of the Second Schedule to this Act paid in respect of the claimant shall be disregarded in determining for the purposes of each of the foregoing conditions the number of employment contributions which have been paid in respect of the claimant.
2. Marriage benefit.
The contribution conditions for marriage benefit are—
(a) that not less than one hundred and fifty-six employment contributions have been paid in respect of the claimant in respect of the period beginning with her entry into insurance and ending immediately before the date of her marriage, and
(b) that not less than fifty employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before the date of her marriage.
3. Maternity benefit.
(a) Maternity grant.
The contribution conditions for a maternity grant are—
(i) that not less than twenty-six employment contributions have been paid in respect of the relevant person in respect of the period beginning with that person's entry into insurance and ending immediately before the date of confinement, and
(ii) that not less than twenty-six employment contributions have been paid in respect of or credited to that person in respect of the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in respect of a subsequent complete contribution year before the relevant time.
In this subparagraph, “relevant person” means the person by whom the conditions are to be satisfied and “relevant time” means the date of the confinement, or, where the relevant person is the husband and he was dead or over pensionable age on that date, the date of his attaining pensionable age or dying under that age.
(b) Maternity allowance.
The contribution conditions for maternity allowance are—
(i) that not less than twenty-six employment contributions have been paid in respect of the claimant before the relevant time, and
(ii) that not less than twenty-six employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before the relevant time.
In this subparagraph, “relevant time” means the date of commencement of the sixth week before the end of the expected week of confinement.
4. Widow's (contributory) pension.
The contribution conditions for a widow's (contributory) pension are—
(a) that not less than one hundred and fifty-six employment contributions have been paid in respect of the husband in respect of the period beginning with his entry into insurance and ending immediately before the relevant time, and
(b) that, if at the relevant time four years or longer has elapsed since the husband's entry into insurance, the average per contribution year of the contributions paid in respect of or credited to him for the three contribution years, or (if warranted by his insurance record) the five contribution years, ending with the end of the last complete contribution year before the relevant time is not less than thirty-nine,
but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the widow's insurance record (the husband's insurance record being disregarded).
In this paragraph, “relevant time” means the date of the husband's attaining pensionable age or dying under that age or, if the conditions are being satisfied on the widow's insurance record, the date of the husband's death.
5. Orphan's (contributory) allowance.
The contribution condition for an orphan's (contributory) allowance is that not less than twenty-six employment contributions have been paid in respect of one of the following persons:—
(a) a parent of the orphan,
(b) a step-parent of the orphan.
FIFTH SCHEDULE. Enactments Repealed.
Enactments Repealed.
Section 66.
Session and Chapter or Number and Year
Session and Chapter or Number and Year
Short title
Short title
Extent of Repeal
Extent of Repeal
(1)
(1)
(2)
(2)
(3)
(3)
1 & 2 Geo. V, c. 55.
1 & 2 Geo. V, c. 55.
National Insurance Act, 1911.
National Insurance Act, 1911.
The whole Act.
The whole Act.
3 & 4 Geo. V, c. 37.
3 & 4 Geo. V, c. 37.
National Insurance Act, 1913.
National Insurance Act, 1913.
The whole Act.
The whole Act.
5 & 6 Geo. V, c. 29.
5 & 6 Geo. V, c. 29.
National Insurance (Part I Amendment) Act, 1915.
National Insurance (Part I Amendment) Act, 1915.
The whole Act.
The whole Act.
7 & 8 Geo. V, c. 15.
7 & 8 Geo. V, c. 15.
National Insurance (Part I Amendment) Act, 1917.
National Insurance (Part I Amendment) Act, 1917.
The whole Act.
The whole Act.
7 & 8 Geo. V, c. 62.
7 & 8 Geo. V, c. 62.
National Health Insurance Act, 1918.
National Health Insurance Act, 1918.
The whole Act.
The whole Act.
9 & 10 Geo. V, c. 36.
9 & 10 Geo. V, c. 36.
National Health Insurance Act, 1919.
National Health Insurance Act, 1919.
The whole Act.
The whole Act.
10 & 11 Geo. V, c. 10.
10 & 11 Geo. V, c. 10.
National Health Insurance Act, 1920.
National Health Insurance Act, 1920.
The whole Act.
The whole Act.
10 & 11 Geo. V, c. 30.
10 & 11 Geo. V, c. 30.
Unemployment Insurance Act, 1920.
Unemployment Insurance Act, 1920.
The whole Act.
The whole Act.
11 & 12 Geo. V, c. 1.
11 & 12 Geo. V, c. 1.
Unemployment Insurance Act, 1921.
Unemployment Insurance Act, 1921.
The whole Act.
The whole Act.
11 & 12 Geo. V, c. 15.
11 & 12 Geo. V, c. 15.
Unemployment Insurance (No. 2) Act, 1921.
Unemployment Insurance (No. 2) Act, 1921.
The whole Act.
The whole Act.
12 & 13 Geo. V, c. 7.
12 & 13 Geo. V, c. 7.
Unemployment Insurance Act, 1922.
Unemployment Insurance Act, 1922.
The whole Act.
The whole Act.
No. 17 of 1923.
No. 17 of 1923.
Unemployment Insurance Act, 1923.
Unemployment Insurance Act, 1923.
The whole Act.
The whole Act.
No. 20 of 1923.
No. 20 of 1923.
National Health Insurance Act, 1923.
National Health Insurance Act, 1923.
The whole Act.
The whole Act.
No. 26 of 1924.
No. 26 of 1924.
Unemployment Insurance Act, 1924.
Unemployment Insurance Act, 1924.
The whole Act.
The whole Act.
No. 30 of 1924.
No. 30 of 1924.
National Health Insurance Act, 1924.
National Health Insurance Act, 1924.
The whole Act.
The whole Act.
No. 59 of 1924.
No. 59 of 1924.
Unemployment Insurance (No. 2) Act, 1924.
Unemployment Insurance (No. 2) Act, 1924.
The whole Act.
The whole Act.
No. 21 of 1926.
No. 21 of 1926.
Unemployment Insurance Act, 1926.
Unemployment Insurance Act, 1926.
The whole Act.
The whole Act.
No. 42 of 1929.
No. 42 of 1929.
National Health Insurance Act, 1929.
National Health Insurance Act, 1929.
The whole Act.
The whole Act.
No. 33 of 1930.
No. 33 of 1930.
Unemployment Insurance Act, 1930.
Unemployment Insurance Act, 1930.
The whole Act.
The whole Act.
No. 13 of 1933.
No. 13 of 1933.
National Health Insurance Act, 1933.
National Health Insurance Act, 1933.
The whole Act.
The whole Act.
No. 44 of 1933.
No. 44 of 1933.
Unemployment Insurance Act, 1933.
Unemployment Insurance Act, 1933.
The whole Act.
The whole Act.
No. 29 of 1935.
No. 29 of 1935.
Widows' and Orphans' Pensions Act, 1935.
Widows' and Orphans' Pensions Act, 1935.
Sections 5, 9, 11, 38, 40 to 42 and 66 to 75.
Sections 5, 9, 11, 38, 40 to 42 and 66 to 75.
No. 12 of 1936.
No. 12 of 1936.
National Health Insurance and Widows' and Orphans' Pensions Act, 1936.
National Health Insurance and Widows' and Orphans' Pensions Act, 1936.
Part II.
Part II.
No. 3 of 1941.
No. 3 of 1941.
Unemployment Insurance Act, 1941.
Unemployment Insurance Act, 1941.
The whole Act.
The whole Act.
No. 5 of 1942.
No. 5 of 1942.
National Health Insurance Act, 1942.
National Health Insurance Act, 1942.
The whole Act.
The whole Act.
No. 20 of 1943.
No. 20 of 1943.
Unemployment Insurance Act, 1943.
Unemployment Insurance Act, 1943.
The whole Act.
The whole Act.
No. 23 of 1945.
No. 23 of 1945.
Unemployment Insurance Act, 1945.
Unemployment Insurance Act, 1945.
The whole Act.
The whole Act.
No. 37 of 1946.
No. 37 of 1946.
Unemployment Insurance Act, 1946.
Unemployment Insurance Act, 1946.
The whole Act.
The whole Act.
No. 9 of 1947.
No. 9 of 1947.
National Health Insurance Act, 1947.
National Health Insurance Act, 1947.
The whole Act.
The whole Act.
No. 17 of 1948.
No. 17 of 1948.
Social Welfare Act, 1948.
Social Welfare Act, 1948.
Part III and Part IV.
Part III and Part IV.
SIXTH SCHEDULE. Amendments of Certain Enactments.
Amendments of Certain Enactments.
Section 68.
Part I. Amendments of Unemployment Assistance Act, 1933 (No. 46 of 1933).
Part I.
Amendments of Unemployment Assistance Act, 1933 (No. 46 of 1933).
1. The following paragraph shall be substituted for paragraph (f) of subsection (3) of section 10 and for paragraph (f) of subsection (1) of section 15:—
“(f) in the case of a widow or spinster who has no dependant, that not less than fifty-two contributions have been paid in respect of her during the appropriate period.
Each of the following and no other shall be a contribution for the purposes of this paragraph:—
(i) a contribution under the Unemployment Insurance Acts, 1920 to 1952,
(ii) an employment contribution at the ordinary rate under the Social Welfare Act, 1952.
In this paragraph, the expression ‘the appropriate period’ means—
(I) in case the date of the relevant application falls in the first, second, third or fourth contribution year under the Social Welfare Act, 1952—the period of four years ending immediately before that contribution year, and
(II) in any other case—the period of four contribution years under that Act ending immediately before the contribution year under that Act in which the date of the application falls.”
2. The following subparagraph shall be added after subparagraph (vi) of paragraph (b) of subsection (1) of section 13:—
“(vii) any moneys received by way of disability benefit, unemployment benefit, marriage benefit or maternity benefit under the Social Welfare Act, 1952.”
3. The following subsections shall be substituted for subsections (1) and (2) of section 21:—
“(1) The Umpire for the purposes of this Act shall be a person appointed in that behalf by the Minister.
(2) The remuneration of the Umpire shall be determined by the Minister for Finance.
(2A) Regulations made by the Minister under this Act may provide for the appointment by the Minister of a person to act in the place of the Umpire in the case of the unavoidable absence or incapacity of the Umpire.
(2B) A court of referees for the purposes of this Act shall consist of one or more members chosen to represent employers, with an equal number of members chosen to represent persons insured under the Social Welfare Act, 1952, and a chairman appointed by the Minister.
(2C) Regulations made by the Minister under this Act may provide that any application or question which is reported or referred to a court of referees may, with the consent of the applicant or the person or association in whose case the question arises, but not otherwise, be proceeded with in the absence of any member or members of the court other than the chairman, and in any such case the court shall, notwithstanding anything in this Act, be deemed to be properly constituted, and the chairman shall, if the number of the members is an even number, have a second or casting vote.
(2D) Panels of persons chosen to represent employers and persons insured under the Social Welfare Act, 1952, respectively shall be constituted by the Minister for such districts and such trades or groups of trades as the Minister may think fit, and the members of a court of referees to be chosen to represent employers and persons insured under the Social Welfare Act, 1952, shall be selected from those panels in the prescribed manner.
(2E) Subject as aforesaid, the constitution of courts of referees shall be determined by regulations under this Act.
(2F) The Minister may pay such remuneration to the chairman and other members of a court of referees, and such travelling and other allowances (including, subject as hereinafter provided, compensation for loss of remunerative time) to any such chairman or members or to any persons required to attend before any such court, and such other expenses in connection with any referees, as the Minister with the sanction of the Minister for Finance determines
Provided that compensation for loss of time shall not be paid to any person in respect of any time during which he is in receipt of remuneration under this section.”
Part II. Amendment of Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935).
Part II.
Amendment of Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935).
The following word and subparagraph shall be added after subparagraph (iv) of paragraph (d) of subsection (1) of section 9:—
“or
(v) any disability benefit, unemployment benefit, maternity allowance or widow's (contributory) pension under the Social Welfare Act, 1952”.
Part III. Amendments of Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942).
Part III.
Amendments of Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942).
1. The following subsection shall be substituted for subsection (4) of section 10:—
“(4) (a) Provision may be made by rules of Court for regulating appeals and references to the High Court under this section and those rules shall provide for limiting the time within which an appeal may be brought and for the determination in a summary manner of any such appeals or references, and for requiring notice of any such appeals to be given to the Minister.
(b) During the period between the repeal by the Social Welfare Act, 1952, of subsection (3) of section 10 of the Unemployment Insurance Act, 1920, and the making of rules pursuant to paragraph (a) of this subsection, the rules of Court which immediately before the said repeal applied by virtue of the said subsection for regulating appeals and references to the High Court shall apply to appeals and references to the High Court under this section.”
2. In subsection (2) of section 30 the words “the current insurance card issued to him under the Social Welfare Act, 1952” shall be substituted for the words “the current unemployment book issued to him under the Unemployment Insurance Act, 1920”.
3. The following subsection shall be substituted for subsection (4) of section 30:—
“(4) Where the current insurance card issued under the Social Welfare Act, 1952, of an insured person is not in the possession of his employer on a particular day, and a local officer certifies that such card was not delivered to a local office in connection with a claim to unemployment benefit under the Social Welfare Act, 1952, or an application for unemployment assistance under the Unemployment Assistance Act, 1933 (No. 46 of 1933), in respect of that day, such card shall, for the purposes of the second statutory condition, be deemed to have been in the possession of such employer on that day.”
4. In subsections (1) and (2) of section 38 the words “Unemployment Assistance Act, 1933” shall be substituted for the words “Unemployment Insurance Act, 1920”.
5. In paragraph (b) of subsection (2) of section 39 the words “a deciding officer for the purposes of the Social Welfare Act, 1952” shall be substituted for “an insurance officer for the purposes of the Unemployment Insurance Act, 1920”.
6. In subsection (4) of section 43 the words “the current insurance card issued under the Social Welfare Act, 1952” shall be substituted for the words “the current unemployment book issued under the Unemployment Insurance Act, 1920”.
7. In section 44 and in subsection (2) of section 48 the words “Social Welfare Act, 1952” shall be substituted for the words “Unemployment Insurance Act, 1920”.
8. In paragraph 1 of the First Schedule the words “in any pensionable office, situation or employment in a permanent capacity” shall be substituted for the words “or public board excluded for the time being from the provisions of the Unemployment Insurance Act, 1920, by the operation of a special order made under paragraph (c) of Part I of the First Schedule to the said Act”.
9. Paragraph 2 of the First Schedule shall be deleted.
SEVENTH SCHEDULE. Rules as to Calculation of Means.
Rules as to Calculation of Means.
Sections 77. 105 and 106
1. In calculating the means of a person, account shall be taken of the following:—
(I) the yearly value of any property belonging to the person (not being property personally used or enjoyed by the person) which is invested or is otherwise put to profitable use by the person or which though capable of investment or profitable use is not so invested or put to profitable use by the person, the yearly value of the property being calculated as follows
(a) the first £25 of the capital value of the property shall be excluded, and
(b) the yearly value of the next £375 of the capital value of the property shall be taken to be one-twentieth part of the capital value, and
(c) the yearly value of so much of the capital value of the property as exceeds the sum of £400, shall be taken to be one-tenth part of the capital value,
but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;
(II) all income in cash (including, in the case of pensions under the Widows' and Orphans' Pensions Acts, 1935 to 1952, the net cash value of any non-cash earnings derived from personal exertions) which the person may reasonably expect to receive during the year succeeding the date of calculation, but excluding—
(a) any income received by way of general assistance under the Public Assistance Act, 1939 (No. 27 of 1939),
(b) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person),
(c) any sums received by way of pension, allowance, assistance or benefit under the Old Age Pensions Acts, 1908 to 1952, the Unemployment Assistance Acts, 1933 to 1952, the Widows' and Orphans' Pensions Acts, 1935 to 1952, the Children's Allowances Acts, 1944 and 1946, or Part III of this Act,
(d) any income arising from 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,
(e) any income arising from voluntary or gratuitous payments so far as it does not exceed £52 5s. 0d. per year,
(f) any income arising by way of payments under section 44 of the Health Act, 1947 (No. 28 of 1947), by a health authority to or in respect of the person or the person's dependants,
(g) an amount of an allowance, special allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1949, or pension under the Military Service Pensions Acts, 1924 to 1949, or of a combination of such allowances and such pensions except so far as such amount exceeds £80 per year,
(h) in the case of a blind person, his earnings (including wages and profit from any form of self-employment) as a blind 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 the person is a man—£52, plus £39 if he has a wife living with or wholly or mainly maintained by him or, being a single man or widower, is maintaining wholly or mainly a female person over the age of sixteen years having the care of one or more than one qualified child who normally resides or reside with him, plus £26 for each qualified child normally residing with him,
(ii) if the person is a woman—£52, plus £26 for each qualified child normally residing with her, plus £39 if she is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity,
(i) any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act, 1920,
and such income shall, in the absence of other means for ascertaining it, be taken to be that actually received during the year immediately preceding the date of calculation;
(III) the yearly value of any advantage accruing to the person from the use or enjoyment of property (other than furniture and personal effects) which is personally used or enjoyed by the person.
2. (1) Subject to paragraph (2) of this Rule, if it appears that any person has, whether before or after the passing of this Act, directly or indirectly deprived himself or herself of any income or property in order to qualify himself or herself for the receipt of the pension in question, or for the receipt thereof at a higher rate than that to which he or she would otherwise be entitled, that income or the yearly value of that property shall for the purposes of these Rules be taken to be part of the means of that person.
(2) (a) Subject to subparagraph (b) of this paragraph, paragraph (1) of this Rule shall not apply to any assignment—
(i) which is an assignment to a child or children of the assignor, and
(ii) as respects which the property comprised therein consists of a farm of land (together with or without the stock and chattels thereon) the rateable value of which (including the buildings thereon) does not exceed £30 and of which the assignor is the owner and the occupier or the occupier only.
(b) Subparagraph (a) of this paragraph shall not apply to an assignment by a person who, at any time within the three years ending when the relevant claim for a pension or application for an increase of a pension is made, was, as respects any agricultural lands exceeding £30 in rateable value or aggregate rateable value, the owner and occupier thereof, the occupier only thereof or the owner and occupier of part thereof and the occupier only of the remainder.
(c) In this paragraph “assignment” includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.
3. (1) In the case of pensions under the Old Age Pensions Acts, 1908 to 1952, the following provisions shall have effect when calculating the means of a person who is one of a married couple living together
(a) the means of the person shall be taken to be one-half of the total means of the married couple;
(b) the person shall be deemed to be entitled to one-half of all property to which the person or the other member of the married couple is entitled or to which the person and the other member of the married couple are jointly entitled;
(c) for the purposes of this Rule the means of each of the married couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate) and the total means shall be the sum of the means of each so determined;
(d) where one member of a married couple dies, nothing which was reckoned for the purposes of pension, or would (if such deceased member had been entitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period previous or partly previous to that death.
(2) Where a husband is separated from his wife, any sum paid by him to her under a separation order shall be deducted in calculating his means.
4. The means of a widow shall, in the case of widows' (non-contributory) pensions, be deemed to include—
(a) if there is one qualified child (and not more) normally residing with her—any means of the child (excluding any cash income derived from personal exertions),
(b) if there are two qualified children (and not more) normally residing with her—any means of the children (excluding any cash income derived from personal exertions),
(c) if there are more than two qualified children normally residing with her—the means of two of the children, the means of each child being taken for this purpose to be the average of the means of all the children (excluding any cash income derived from personal exertions).