S.I. No. 224/1970:

SOCIAL WELFARE (RETIREMENT PENSION AND INVALIDITY PENSION) (TRANSITIONAL) REGULATIONS, 1970.

SOCIAL WELFARE (RETIREMENT PENSION AND INVALIDITY PENSION) (TRANSITIONAL) REGULATIONS, 1970.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952) and section 66B of the said Act (inserted therein by section 16 of the Social Welfare Act, 1970 (No. 12 of 1970) ), hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Retirement Pension and Invalidity Pension) (Transitional) Regulations, 1970.

2. In these Regulations--

" the National Health Insurance Acts " means the National Health Insurance Acts, 1911 to 1952;

" Paragraph 8 " and " Paragraph 9 " mean respectively paragraph 8 and paragraph 9 (inserted by section 18 of the Social Welfare Act, 1970 ) of the Fourth Schedule to the Social Welfare Act, 1952 .

3. For the purpose of satisfying the contribution condition for invalidity pension contained in sub-paragraph (a) of Paragraph 8, contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall be taken into account.

4. For the purpose of satisfying the contribution conditions for retirement pension contained in Paragraph 9, a person who

( a ) had not attained the age of fifty-five years before the 5th day of January, 1953, and

( b ) had not entered into insurance before attaining that age

shall be deemed to satisfy the contribution condition in sub-paragraph (a) of Paragraph 9 if contributions as an employed contributor under the National Health Insurance Acts have been paid by or in respect of him but, in any such case, the provisions of sub-paragraph (c) (i) of Paragraph 9 shall apply in calculating the average number of contributions paid or credited.

5. For the purpose of satisfying the contribution condition for retirement pension contained in sub-paragraph (b) of paragraph 9, contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall be taken into account, but in any such case the provisions of sub-paragraph (c) (i) of Paragraph 9 shall apply in calculating the average number of contributions paid or credited.

6. In taking contributions paid by or in respect of an employed contributor under the National Health Insurance Acts into account under article 3 or article 5 of these Regulations, every two contributions under those Acts shall be reckoned as three contributions paid with any odd contribution being reckoned as two contributions paid.

7. These Regulations shall not operate so as to disentitle to pension, or to reduce the rate of pension payable to, a person who satisfies the contribution conditions for pension contained in Paragraph 8 or Paragraph 9 by virtue solely of his insurance under the Social Welfare Acts, 1952 to 1970.

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

29th day of September, 1970.

JOSEPH BRENNAN,

Minister for Social Welfare.

The Minister for Finance hereby sanctions the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 29th

day of September, 1970.

SEÁN Ó LOINSIGH,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide that contributions paid by or in respect of an employed contributor under the National Health Insurance Acts, 1911 to 1952; shall be taken into account in certain circumstances for the purposes of satisfying the contribution conditions for invalidity pension and retirement pension contained in sub-paragraph (a) of Paragraph 8 and sub-paragraphs (a) and (b) of Paragraph 9, respectively, of the Fourth Schedule to the Social Welfare Act, 1952 as inserted therein by the Social Welfare Act, 1970 . The effect of the Regulations is that--

( a ) every two such contributions paid under the National Health Insurance Acts will count as three contributions paid for the purposes of the first condition in the case of invalidity pension and the second condition in the case of retirement pension which require that 156 employment contributions be paid since entry into insurance and

( b ) where contributions have been paid under the National Health Insurance Acts in respect of a claimant for retirement pension who was 55 years or younger on the 5th of January, 1953, he will where necessary be deemed to have satisfied the first contribution condition for that pension which requires that a claimant had entered into insurance under the Social Welfare Acts before age 55.

Where a claimant for retirement pension has to invoke the provisions of these Regulations, the period over which the average number of contributions paid or credited is to be reckoned for the purpose of satisfying the third contribution condition for that pension, will commence on the 5th of January, 1953, in the case of a man and on the 6th of July, 1953, in the case of a woman.