Social Welfare Act, 1952
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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. |