S.I. No. 99/1971:

SOCIAL WELFARE (DEATH GRANT) (TRANSITIONAL) REGULATIONS, 1971.

SOCIAL WELFARE (DEATH GRANT) (TRANSITIONAL) REGULATIONS, 1971.

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 (Death Grant) (Transitional) Regulations, 1971.

2. In these Regulations--

"the Act of 1952" means the Social Welfare Act, 1952 ;

"the Act of 1970" means the Social Welfare Act, 1970 ; "the Regulations of 1953" means the Social Welfare (Contributions) Regulations, 1953 ( S.I. No. 5 of 1953 ); "the Regulations of 1970" means the Social Welfare (Contributions) (Amendment) Regulations, 1970 ( S.I. No. 222 of 1970 ).

3. Where, for the purpose of satisfying the contribution condition for death grant contained in sub-paragraph (a) of paragraph 7 of the Fouth Schedule to the Act of 1952 (added thereto by section 18 of the Act of 1970), a person who was an insured person at the commencement of section 5 of the Act of 1970 and who during the year subsequent to such commencement

(a) is or becomes a voluntary contributor paying contributions at the rate specified in section 6 (2) (b) of the Act of 1952 (as amended by section 33 of the act of 1970), each such voluntary contribution paid in respect of a week the whole or any part of which is in the said period may be reckoned as one employment contribution;

(b) (i) is credited in respect of a week the whole or any part of which is in that period with a contribution in respect of unemployment, incapacity for work or retirement, such credited contribution may be reckoned as an unemployment contribution provided that not less than twenty-six employment contributions have been paid in respect of him before the week in respect of which such contribution is credited. For this purpose a contribution paid in respect of insurable employment under the National Health Insurance Acts 1911 to 1952 may be reckoned as an employment contribution.

(ii) For the purpose of this paragraph account may not be taken of credited contributions which under the provisions of sub-articles (2) and (3) of article 4 of the Regulations of 1953 (inserted by the Regulations of 1970) are reckonable only for the purpose of satisfying the contribution conditions for widows' (contributory) pension.

GIVEN under the Official Seal of the Minister for Social Welfare this 16th day of March, 1971.

JOSEPH BRENNAN,

Minister for Social Welfare.

The Minister for Finance hereby sanctions these Regulations.

GIVEN under the Official Seal of the Minister for Finance this 16th day of March, 1971.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

A contribution condition for death grant is that not less than twenty-six reckonable employment contributions must have been paid since the scheme commenced on the 1st October, 1970. These Regulations modify the condition in the case of a person who was insured at the 1st October, 1970, but has not had twenty-six employment contributions paid in respect of him since that date provided that not less than twenty-six employment contributions have been paid in respect of him at any time. For the latter purpose a contribution paid in respect of insurable employment under the National Health Insurance Acts 1911 to 1952 may be reckoned as an employment contribution.

The modification provides that contributions credited for periods in the twelve months from the 1st October, 1970, in respect of unemployment, incapacity for work or retirement and voluntary contributions paid at the higher rate in the period may be reckoned as employment contributions for the purpose of satisfying the condition mentioned.