S.I. No. 92/1983:

SOCIAL WELFARE (PAY-RELATED BENEFIT) (AMENDMENT) REGULATIONS, 1983.

SOCIAL WELFARE (PAY-RELATED BENEFIT) (AMENDMENT) REGULATIONS, 1983.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by section 73 of that Act (as substituted by the Social Welfare (Amendment) Act, 1981 ) (No. 3 of 1981)), hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Social Welfare (Pay-Related Benefit) (Amendment) Regulations, 1983 and shall come into operation on the 4th day of April, 1983.

(2) These Regulations shall be construed as one with the Social Welfare (Pay-Related Benefit) Regulations, 1979 (S.I. 141 of 1979).

(3) The citation the Social Welfare (Pay-Related Benefit) Regulations, 1979 and 1983 shall include these Regulations.

2. The Social Welfare (Pay-Related Benefit) Regulations, 1979 are hereby amended by the substitution for article 8 of the following article:

"8. (1) In this article "the Act" means the Social Welfare (Consolidation) Act, 1981 and "weekly rate of flat-rate benefit" means

( a ) the weekly rate of disability benefit payable under the Act, including any increase of that rate under section 21 of the Act, or

( b ) the weekly rate of maternity allowance payable under the Act, or

( c ) the weekly rate of injury benefit payable under the Act including any increase of injury benefit under section 44 of the Act, to a person who would otherwise be entitled to disability benefit or maternity allowance under the Act.

(2) Where the weekly rate of flat-rate benefit payable to a person in respect of any period is equal to or greater than eighty per cent of the amount of that person's reckonable weekly earnings for the relevant income tax year pay-related benefit shall not be payable to that person in respect of that period.

(3) Where the sum of the weekly rate of flat-rate benefit payable to a person in respect of any period and the weekly rate of pay-related benefit which would, but for the provisions of this sub-article, be payable to that person for that period exceeds eighty per cent of that person's reckonable weekly earnings for the relevant income tax year, the weekly rate of pay-related benefit payable shall be the amount by which eighty per cent of the said reckonable weekly earnings exceeds the weekly rate of flat-rate benefit payable in respect of that period."

3. The Social Welfare (Pay-Related Benefit) Regulations, 1979 are hereby amended by the substitution in article 7 of "£220" for "£190" (as inserted by the Social Welfare (Pay Related Benefit) (Amendment) Regulations, 1982 (S.I. 95 of 1982)) and in sub-paragraph (c) of sub-article (2) of article 9 of "£220" for "£190" (as inserted by the Social Welfare (Pay-Related Benefit) (Amendment) Regulations, 1982 (S.I. 95 of 1982)) in each case where the said sum appears.

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

28th day of March 1983.

BARRY DESMOND,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 28th day

of March 1983.

ALAN DUKES,

Minister for Finance.

EXPLANATORY NOTE.

These amendments to the Social Welfare (Pay-Related Benefit) Regulations provide that with effect from 4th April 1983 pay-related benefit will be payable subject to the constraint that

( a ) the sum of the weekly rate of flat-rate benefit (disability benefit, maternity allowance, or injury benefit) payable and the weekly rate of pay-related benefit may not exceed eighty per cent of a person's reckonable weekly earnings. The amount of the weekly rate of pay-related benefit payable is therefore limited as appropriate to the amount by which eighty per cent of a person's reckonable weekly earnings exceeds the weekly rate of flat rate benefit, or

( b ) if the weekly rate of flat-rate benefit (disability benefit, maternity allowance or injury benefit) payable exceeds eighty per cent of a person's reckonable weekly earnings, pay-related benefit will not be payable.

In addition the Regulations increase the upper limit of reckonable weekly earnings on which pay-related benefit may be calculated from £190 to £220.

They also provide that the maximum weekly amount which may be paid to an unemployed person by way of flat-rate unemployment benefit, pay-related benefit and any income tax refund arising from the unemployment shall be limited to 85% of his average net weekly earnings or £220, whichever is the lesser.