S.I. No. 279/1984:

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1984.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1984.

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 section 130 (4) of that Act (as inserted by section 15 of the Social Welfare Act, 1984 (No. 5 of 1984)) hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1984.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1983, shall be construed as one and may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1984.

2. In these Regulations--

"the Principal Regulations" means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 );

"period of incapacity for work" has the meaning assigned to it under section 18 (4) (d) of the Social Welfare (Consolidation) Act, 1981 .

3. The Principal Regulations are hereby amended by the addition after article 38 (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1979 ( S.I. No. 118 of 1979 )) of the following articles:

"39. (1) Where, but for this article, a family income supplement would be payable to a person in respect of a period and unemployment benefit or unemployment assistance would also be payable to that person in respect of the same period, or part of the same period, the family income supplement shall not be payable in respect of that period or that part as the case may be.

(2) Where, but for this article, a family income supplement would be payable to a person under the age of 66 years in respect of a period and retirement pension would also be payable to that person in respect of the same period or part of the same period, the family income supplement shall not be payable in respect of that period or that part as the case may be.

40. Where, but for this article, a family income supplement would be payable to a person in a period of incapacity for work in respect of which disability benefit is payable to that person, the family income supplement shall not be payable for that part of the period of incapacity for work which exceeds six weeks."

GIVEN under the Official Seal of the Minister for Social Welfare, this 1st day of

November, 1984.

BARRY DESMOND,

Minister for Social Welfare.

The Minister for Finance sanctions the foregoing Regulations.

GIVEN under the Official Seal of the Minister Finance, this 1st day of

November, 1984.

ALAN DUKES,

Minister for Finance.

EXPLANATORY NOTE.

The Regulations extend the Social Welfare (Overlapping Benefits) Regulations 1953 to 1983 to embrace the new scheme of family income supplement. They provide that a person entitled to unemployment benefit or assistance or retirement pension shall not at the same time be paid a family income supplement and that family income supplement shall not be paid concurrently with disability benefit for a period of more than six weeks.