S.I. No. 90/1984:

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1984.

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1984.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3, 7, 19, 30, 42, 43 and 46, and section 73 (as substituted by section 9 of the Social Welfare Act, 1983 (No. 6 of 1983) ), and section 75 (as substituted by section 11 of the Social Welfare (Amendment) Act, 1981 (No. 3 of 1981)), and sections 79 , 84 , 93 and 101 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) hereby makes the following Regulations:

1. These Regulations may be cited as the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1984.

PART I PAY-RELATED BENEFIT "WAGE STOP"

2. Article 8 of the Social Welfare (Pay-Related Benefit) Regulations, 1979 ( S.I. No. 141 of 1979 ) is hereby amended by the substitution in sub-articles (2) and (3) thereof of the words "seventy five per cent." for the words "eighty per cent." (as inserted therein by the Social Welfare (Pay-Related Benefit) (Amendment) Regulations, 1983 ( S.I. No. 92 of 1983 ) ).

3. This Part shall be construed as one with the Social Welfare (Pay-Related Benefit) Regulations 1979 and 1983.

4. This Part shall come into operation on the 2nd day of April, 1984.

PART II >MATERNITY ALLOWANCE--ADDITIONAL BENEFIT

5. In this Part:--

"the Act" means the Social Welfare (Consolidation) Act, 1981 ;

"the Regulations of 1981" means the Social Welfare (Maternity Allowance) (Additional Benefit) Regulations, 1981 ( S.I. No. 138 of 1981 ).

6. Subsection (1) of Section 75 of the Act is hereby amended by the substitution in paragraphs (a) and (b) thereof of "70%" for "80%".

7. (1) The following sub-article is hereby substituted for sub-article (2) of article 2 of the Regulations of 1981:--

"(2) Where entitlement to such additional benefit exists in respect of a period part of which is before and part of which includes or is after the first Monday in April in a benefit year, the income tax year prescribed for the purpose of section 75 (1) (a) of the Act shall, as respects entitlement for the part of the period which includes or is after the first Monday in April, be the second last income tax year before the beginning of that benefit year where the weekly aggregate of the maternity allowance, pay-related benefit (if any) and additional pay-related benefit is greater than would be the case if the provisions of paragraph (b) of sub-article (1) of this article had been applied."

(2) The following sub-article is hereby substituted for sub-article (3) of article 2 of the Regulations of 1981 (as substituted by article 3 of the Social Welfare (Maternity Allowance) (Additional Benefit) (Amendment) Regulations, 1983 ( S.I. No. 95 of 1983 )):--

"(3) For the purpose of Section 75 (1) (b) of the Act, £92.69 is hereby prescribed as the amount of the average reckonable weekly earnings of women in the income tax year commencing on the 6th day of April, 1982."

8. This Part shall come into operation on the 2nd day of April, 1984.

9. Article 7 of this Part shall be construed as one with the Social Welfare (Maternity Allowance) (Additional Benefit) Regulations, 1981 to 1983.

PART III OCCUPATIONAL INJURIES CONTRIBUTIONS

10. The Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ) as amended by the Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1981 ( S.I. No. 123 of 1981 ) and by the Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1982 ( S.I. No. 82 of 1982 ) are hereby further amended by--

(1) the substitution in article 7 (3) (a) of "0.13 per cent." for "0.1 per cent." and

(2) the substitution in article 7 (3) (b) of "0.13 per cent." for "0.1 per cent.".

11. This Part shall come into operation on the 6th day of April, 1984 and shall be construed as one with the Social Welfare (Modifications of Insurance) Regulations 1979 to 1982.

PART IV ALTERATION IN REDUCED RATES OF DISABILITY AND UNEMPLOYMENT BENEFIT

12. The following Schedule shall be substituted for the First Schedule to the Social Welfare (Disability, Unemployment and Marriage Benefit) Regulations, 1953 ( S.I. No. 7 of 1953 ).

SCHEDULE

"First Schedule

Article 4

Reduced Rates of Disability Benefit and Unemployment Benefit

13. This Part shall come into operation on the 5th day of July, 1984 and shall be construed as one with the Social Welfare (Disability Benefit and Unemployment Benefit) Regulations 1953 to 1983.

PART V INCREASED RATES OF BENEFITS AND PENSIONS UNDER THE OCCUPATIONAL INJURIES SCHEME

14. In this Part:--

"the Principal Regulations" means the Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 );

"the Regulations of 1983" means the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1983 ( S.I. No. 157 of 1983 ).

15. (1) The Principal Regulations are hereby amended by the substitution for the Second Schedule, as substituted by the Regulations of 1983, of the Second Schedule set out in Schedule A to this Part.

(2) The weekly rates of pension specified in column (3) of the scale set out in the said Second Schedule, as amended by this Part, shall have effect on and from the 5th day of July, 1984 whether the period taken into account by the assessment began on, before or after that date.

(3) Notwithstanding sub-article (1) of this article, the amount of a disablement gratuity payable by virtue of that sub-article shall be payable only where the period taken into account by the assessment of the degree of disablement begins on or after the 5th day of July, 1984.

16. The Principal Regulations are hereby amended by the substitution for the Fourth Schedule, as substituted by the Regulations of 1983, of the Fourth Schedule set out in Schedule B to this Part.

SCHEDULE A

Articles 6 and 7

"Second Schedule

Scale of Disablement Gratuities and of Weekly Rates of Pension in Lieu of Disablement Gratuities

"

SCHEDULE B

"Fourth Schedule

Part I

Article 4

Weekly rates of Injury Benefit payable to persons under the age of sixteen years

Part II

Article 9

Increases of Disablement Pension where the beneficiary requires constant attendance

This Part shall come into operation on the 5th day of July, 1984 and shall be construed as one with the Social Welfare (Occupational Injuries) Regulations 1967 to 1983.

PART VI ALTERATION IN REDUCED WEEKLY RATES OF OLD AGE (CONTRIBUTORY) PENSION, RETIREMENT PENSION, WIDOW'S (CONTRIBUTORY) PENSION AND DESERTED WIFE'S BENEFIT.

18. In this Part:--

"the Principal Regulations" means the Social Welfare (Old Age and Widows' and Orphans' (Contributory) Pensions, Retirement Pension and Deserted Wife's Benefit) (Amendment) Regulations, 1983 ( S.I. No. 182 of 1983 ).

19. The following Schedule shall be substituted for the Schedule to the Social Welfare (Old Age (Contributory) Pension) Regulations, 1960 ( S.I. No. 274 of 1960 ) as substituted by article 3 of the Principal Regulations.

SCHEDULE

"Schedule

Reduced rates of old age (contributory) pensions where contribution conditions are partially satisfied.

"

20. The following Schedule shall be substituted for the Schedule to the Social Welfare (Widows' and Orphans' (Contributory) Pensions) Regulations, 1966 ( S.I. No. 235 of 1966 ) as substituted by Article 4 of the Principal Regulations.

SCHEDULE

"Schedule

Reduced rates of widows' (contributory) pensions where contribution conditions are partially satisfied.

"

21. The following Schedule shall be substituted for the Schedule to the Social Welfare (Retirement Pension) Regulations, 1970 ( S.I. No. 225 of 1970 ) as substituted by Article 5 of the Principal Regulations.

SCHEDULE

"Schedule

Reduced rates of retirement pensions where contribution conditions are partially satisfied.

"

22. The following Schedule shall be substituted for the Schedule to the Social Welfare (Deserted Wife's Benefit) Regulations, 1973 ( S.I. No. 202 of 1973 ) as substituted by article 6 of the Principal Regulations.

SCHEDULE

"Schedule

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied.

23. Articles 19 and 20 of this Part shall come into operation on the 6th day of July, 1984 and articles 21 and 22 on the 5th day of July, 1984.

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

30th day of March, 1984.

BARRY DESMOND,

Minister for Social Welfare.

The Minister for Finance hereby sanctions the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 30th

day of March, 1984.

ALAN DUKES,

Minister for Finance.

EXPLANATORY NOTE.

Part I of these Regulations amends, from 80% to 75%, the percentage of reckonable earnings which determines the upper limit on pay-related benefit payable in conjunction with disability benefit, occupational injuries benefit and under the general maternity allowance scheme. The amendment applies from 2 April 1984.

Where the flat rate of payment is already equal to or in excess of 75% of the claimant's reckonable weekly earnings in the relevant income tax year, pay-related benefit is not payable. Where the flat rate is less than 75% of the claimant's reckonable weekly earnings, pay-related benefit may not exceed the amount needed to bring the total combined weekly payment up to the level of 75% of reckonable weekly earnings. (Where flat-rate entitlement alone exceeds the 75% level, the level of flat-rate benefit is not reduced).

Part II amends the percentage factor for calculating the payment under the maternity scheme for women in employment. This scheme is designed to provide the claimant with the equivalent of her net take-home pay. From 2 April 1984, payment will be at the rate of 70% (rather than 80%) of the claimant's earnings in the relevant income tax year. Where entitlement commences before and ends on or after 2 April 1984, the weekly rate payable prior to this date will continue for the balance of the claim period if this is to the claimant's advantage. A minimum rate of payment is provided in order to ensure that women with no earnings or with low earnings in the relevant income tax year are paid a weekly allowance at a rate corresponding with the average net take-home pay of women in employment. The Regulations specify £92.69 as the average reckonable earnings of women in the 1982/83 income tax year thus ensuring a minimum weekly rate of £64.88 (70% of £92.69).

Part III provides for an increase from 0.1% to 0.13% in the rate of contribution for occupational injuries in respect of civil servants under the PRSI system. The increased rate comes into effect on 6 April 1984.

Part IV provides for increases in the existing scale of reduced rates of disability benefit and unemployment benefit payable where the contribution condition for receipt of the maximum rate of benefit is not satisfied. The new rates are payable from 5 July 1984.

Part V provides for increases, under the scheme for occupational injuries and diseases, in the rates of injury benefit payable to persons under the age of sixteen, in the amounts of disablement gratuities appropriate to degrees of disablement assessed at less than 20%, in the weekly rates of pension which may be substituted for such gratuities and in the rates of constant attendance allowance. The new rates are payable from 5 July 1984.

Part VI provides for increases in the existing scales of reduced rates of old age contributory pensions, widows' contributory pensions, retirement pensions and deserted wife's benefit where the contribution conditions for receipt of the maximum rates are not satisfied. These increases take effect from 6 July 1984 in the case of old age contributory and widows' contributory pensions and from 5 July 1984 in the case of retirement pensions and deserted wife's benefit.