S.I. No. 247/1966:

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1966.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1966.

I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 , 32 and 75 of the Social Welfare Act, 1952 (No. 11 of 1952), hereby make the following Regulations :--

1. (1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1966.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1965, may be cited collectively as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1966.

2. These Regulations shall come into operation on the 1st day of November, 1966.

3. In these Regulations " the Principal Regulations " means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ).

4. Article 4 (1) of the Principal Regulations is hereby amended by the substitution for " 5 and 6 " of " 5, 6 and 8 ".

5. Article 4 (5) of the Principal Regulations, as amended by the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1965 ( S.I. No. 178 of 1965 ) is hereby further amended by the substitution for the words " seventy-two shillings and three-pence ", " eighty-five shillings and threepence " and " ninety-eight shillings and threepence " of the words " seventy-seven shillings and threepence ", " ninety shillings and threepence " and " one hundred and three shillings and threepence ", respectively.

6. Article 4 of the Principal Regulations is amended by the addition of the following sub-article :--

" (8) Where in accordance with Regulations made under section 28A (inserted by the Social Welfare (Amendment) Act, 1960 (No. 25 of 1960) ) of the Act as amended by section 6 (1) of the Social Welfare (Miscellaneous Provisions) Act, 1966 (No. 24 of 1966) a widow is in receipt of a widow's (contributory) pension at a rate less than that specified in the Third Schedule to the Act in respect of any week the rate of disability benefit or unemployment benefit otherwise payable to her in respect of any day in that week shall be at such a rate (not being less than that specified in sub-article (1) of this article) as the Minister may in any particular case consider appropriate and the provisions of sub-article (1) of this article shall not apply in such a case.

Provided that in any such case :

(i) where the widow is entitled to an increase or increases for a qualified child or qualified children apart from such increase or increases she shall not receive more than eighty-one shillings and threepence by way of pension and disability benefit or unemployment benefit in respect of any week;

(ii) where the widow is not so entitled she shall not receive more than seventy-eight shillings and ninepence by way of pension and disability benefit or unemployment benefit in respect of any week. "

7. Article 6 of the Principal Regulations is hereby deleted and the following article is substituted therefor--

" 6. (1) Where a widow is entitled to or in receipt of a widow's (contributory) pension under the Act a widow's (non-contributory) pension under the Widow's and Orphans' Pensions Acts shall not, save as provided in sub-article (2) of this article, be payable to her.

(2) Where the weekly rate of widow's (non-contributory) pension payable in respect of any widow exceeds the rate of widow's (contributory) pension (including any increase of pension that may be payable under section 27 of the Act, as amended) the non-contributory pension may be paid.

(3) In any case in which a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts is paid in accordance with sub-article (2) of this Article entitlement to widow's (contributory) pension (including any increase thereof that would otherwise be payable) shall continue but the amount of any such pension--

(i) shall not be paid to or in respect of the person, and

(ii) shall be paid out of the Social Insurance Fund to the Exchequer.

(4) A widow to whom a widow's (non-contributory) pension is payable in accordance with the said sub-article (2) of this article may, at any time, elect to receive payment of widow's (contributory) pension under the Act."

8. The following article is hereby inserted after article 8 of the Principal Regulations :--

" 8A. (1) Where in respect of any week a person is in receipt of or entitled to a pension under the Old Age Pensions Acts at a rate applicable to a person who has a qualified child or qualified children any increase of benefit otherwise payable in respect of such child or children under section 27 (1) of the Act for any day in such week shall be reduced by the amount by which the rate of pension payable exceeds the rate which would be appropriate if there were no qualified child.

(2) Where the mother of a qualified child or qualified children exercises her right under section 13 of the Social Welfare (Miscellaneous Provisions) Act, 1966 , to be paid pension under the Old Age Pensions Acts she shall be treated for the purpose of determining her rate of that pension as a person with a qualified child or qualified children only if and so long as an increase of old age (contributory) pension is not being paid in respect of that child or those children.

(3) Where a woman is entitled to a pension under the Old Age Pensions Acts at a rate applicable to a person with a qualified child or qualified children, an increase in respect of the same child or children shall not be payable under the Unemployment Assistance Acts.

(4) Where a woman and the head of the household in which she resides are entitled to pensions under the Old Age Pensions Acts and would but for this sub-article each be entitled to an increase of pension in respect of a qualified child or qualified children, only the pension of the head of the household shall be increased in respect of such child or children."

GIVEN under my Official Seal this 31st day of October, 1966.

CAOIMHGHÍN Ó BEOLÁIN,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare (Miscellaneous Provisions) Act, 1966 , makes provision for increases in the rates of widows' (non-contributory) pensions with effect as from the 1st November, 1966, and for the making of regulations under which a widow who up to this could not qualify for a contributory widow's pension may now qualify for such a pension at a reduced rate. These regulations provide for consequential increases in the limits prescribed in the Social Welfare (Overlapping Benefit) Regulations, 1953 ( S.I. No. 4 of 1953 ) as amended, to the combined rate payable by way of pension and disability benefit or unemployment benefit to a widow who is in receipt of a widow's (non-contributory) pension which is reduced in respect of means. Provision is also made in the regulations for increasing the half-rate of disability or unemployment benefit to which a widow in receipt of a contributory widow's pension is normally entitled by an amount equal to that by which her contributory widow's pension is reduced.

Under the provisions of the Social Welfare (Overlapping Benefit) Regulations, 1953 ( S.I. No. 14 of 1953 ) a widow who was entitled to a widow's (contributory) pension was debarred from the receipt of a widow's (non-contributory) pension. These regulations provide that where the rate of the widow's non-contributory pension payable exceeds the rate of contributory pension a widow may opt to receive the non-contributory pension.

Section 27 of the Social Welfare Act, 1952 , provides for the payment of an increase of benefit for a qualified child or qualified children of persons entitled to disability or unemployment benefit or old age (contributory) pension and similarly under the Unemployment Assistance Acts and the Old Age Pensions Acts an increased rate of assistance or pension is payable to persons who have a qualified child or qualified children. These Regulations broadly provide that only one increase whether of disability or unemployment benefit or old age (contributory) pension or unemployment assistance or old age pension may be paid in respect of the same child or children.