S.I. No. 219/1970:

SOCIAL WELFARE (GENERAL BENEFIT) (AMENDMENT) REGULATIONS, 1970.

SOCIAL WELFARE (GENERAL BENEFIT) (AMENDMENT) REGULATIONS, 1970.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 31 and 48 of the Social Welfare Act, 1952 (No. 11 of 1952) including the said sections as extended and applied by sections 21 and 22 of the Social Welfare Act, 1970 , (No. 12 of 1970), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (General Benefit) (Amendment) Regulations, 1970.

(2) These Regulations and the Social Welfare (General Benefit) Regulations, 1953 to 1967, may be cited collectively as the Social Welfare (General Benefit) Regulations, 1953 to 1970.

2. In these Regulations:--

"the Principal Regulations" means the Social Welfare (General Benefit) Regulations, 1953 ( S.I. No. 16 of 1953 );

"the Regulations of 1960" means the Social Welfare (General Benefit) (Amendment) Regulations, 1960 ( S.I. No. 221 of 1960 ).

3. Sub-article (3) of article 5 of the Principal Regulations (as amended by the Regulations of 1960) is hereby deleted and the following substituted therefor--

"(3) Subject to the provisions of sub-articles (1) and (2) of this article, subsection (1) of the said section 31 shall not operate so as to disqualify a person undergoing a period of penal servitude, imprisonment or detention in legal custody--

( a ) for receiving a death grant, a marriage grant, a maternity grant or an orphan's (contributory) allowance;

( b ) for receiving disability benefit, invalidity pension, retirement pension, widow's (contributory) pension, deserted wife's allowance, old age (contributory) pension (including, in each case, any increase thereof) or benefit under subsection (3) (inserted by section 11 of the Social Welfare (Miscellaneous Provisions) Act, 1963 (No. 26 of 1963)) of Section 26 of the Act, if--

(i) the detention is in respect of his being charged with a criminal offence, and

(ii) the charge is subsequently withdrawn, or

(iii) he is acquitted of the offence, and

(iv) in the case of disability benefit, immediately before the detention he was entitled to the said benefit or would but for subsection (2) of section 15 of the Act (which relates to waiting days) have been so entitled;

( c ) for receiving invalidity pension, retirement pension, widow's (contributory) pension, deserted wife's allowance, old age (contributory) pension (including, in each case, any increase thereof) or benefit under subsection (3) of section 26 of the Act, if, in a case of imprisonment, the imprisonment is undergone as the alternative to payment of a fine.".

4. Paragraph (a) of sub-article (5) of article 5 of the Principal Regulations (as amended by the Regulations of 1960) is hereby deleted and the following substituted therefor:--

"(a) Notwithstanding that a person, by reason of undergoing a period of penal servitude, imprisonment or detention in legal custody is disqualified by virtue of subsection (1) of the said section 31 for receiving any of the following benefits which includes an increase under section 26 or section 27 of the Act--disability benefit, invalidity pension, retirement pension, widow's (contributory) pension, deserted wife's allowance or old age (contributory) pension--the increase shall be paid to any person appointed for the purpose by the Minister to receive and deal with any sums payable on account of such increase for the benefit of the person or persons in respect of whom the increase is payable, and the receipt of any person so appointed shall be a good discharge to the Minister and to the Social Insurance Fund for any sum so paid.".

5. Sub-articles (2) and (3) of article 6 of the Principal Regulations (as amended by the Regulations of 1960) are hereby deleted and the following substituted therefor:--

"(2) A marriage grant, a maternity grant, a death grant, an invalidity pension, a retirement pension, an orphan's (contributory) allowance, a widow's (contributory) pension, an old age (contributory) pension (including benefit under subsection (3) (inserted by section 11 of the Social Welfare (Miscellaneous Provisions) Act, 1963 ) of section 26 of the Act), to which the foregoing sub-article applies, and any other benefit to which paragraph (b) of that sub-article applies, may nevertheless be paid during such period to any person appointed for the purpose by the Minister to receive and deal with any sums payable on behalf of the beneficiary on account of that benefit, and the receipt of any person so appointed shall be a good discharge to the Minister and to the Social Insurance Fund for any sum so paid.

(3) Where by virtue of sub-article (1) of this article payment of an invalidity pension, a retirement pension, a widow's (contributory) pension, an orphan's (contributory) allowance or an old age (contributory) pension (including benefit under subsection (3) of section 26 of the Act) is suspended for any period, the period of suspension shall not be taken into account in calculating any period under article 12 of the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ) (which relates to the extinguishment of the right to any sum payable by way of pension which is not obtained within the prescribed time).".

GIVEN under the Official Seal of the Minister for Social Welfare this

29th day of September, 1970.

JOSEPH BRENNAN,

Minister for Social Welfare.

EXPLANATORY NOTE

The Social Welfare (General Benefit) Regulations, 1953 ( S.I. No. 16 of 1953 ) specify the circumstances in which the disqualifications imposed by the Social Welfare Act, 1952 , for receiving benefit for periods during which persons are imprisoned or detained in legal custody may be relaxed. These amending Regulations extend these relaxations to death grant, invalidity pension and retirement pension and provide in a similar manner for deserted wife's allowance.