S.I. No. 368/1986:

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1986.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1986.

The Minister for Social Welfare in exercise of the powers conferred on her by sections 3 , 130 and 219 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 (Overlapping Benefits) (Amendment) Regulations, 1986.

2. These Regulations shall come into operation--

(1) Insofar as they relate to articles 4, 5, 6 and 7

(a) on the 17th day of November, 1986 for the purpose of payment of disability benefit, maternity allowance and injury benefit;

(b) on the 19th day of November, 1986 for the purpose of payment of unemployment assistance;

(c) on the 20th day of November, 1986 for the purpose of payment of retirement pension, invalidity pension and unemployment benefit;

(d) on the 21st day of November, 1986 for the purpose of payment of any other benefit, pension, assistance or allowance under Parts II or III of the Social Welfare (Consolidation) Act, 1981 .

(2) Insofar as they relate to article 8, on the 17th day of November, 1986.

3. In these Regulations:

"Benefit", "Pension", "Assistance" or "Allowance" means any such payments under Part II or Part III of the Social Welfare (Consolidation) Act, 1981 .

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

"The Regulations of 1966" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1966 ( S.I. No. 247 of 1966 ).

"The Regulations of 1983" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1983 ( S.I. No. 253 of 1983 ).

4. Sub-articles (2) and (3) of article 8A of the Principal Regulations, as inserted by the Regulations of 1966, are hereby revoked.

5. Article 8A of the Principal Regulations is hereby amended by the substitution for sub-article (4) of the following sub-article:--

"(4) Where the pensioner and the pensioners spouse are each entitled to a pension under Chapter 3 of Part III of the Act of 1981 and were it not for the provisions of this article they would each be entitled to an increase of pension in respect of a qualified child or qualified children, only one such pension shall be increased in respect of such child or children".

6. Where in respect of any period, a person is in receipt of any benefit, pension, assistance or allowance which includes an increase in respect of an adult dependant and in that period the adult dependant becomes entitled to any benefit, pension, assistance or allowance, any such increase shall be regarded as payment on account of the benefit, pension, assistance or allowance payable to the adult dependant in respect of the said period.

7. Where in respect of any period, a person is in receipt of any benefit, pension, assistance or allowance which includes an increase in payment in respect of a child dependant and in that period, that persons spouse subsequently becomes entitled to benefit, pension, assistance or allowance which also includes an increase in payment in respect of the child dependant, half of any sums paid to that person in that period in respect of the child dependant shall be regarded as payment on account of the pension, benefit, assistance or allowance payable to the spouse in respect of the said period.

8. The Principal Regulations, are hereby amended by the insertion following article 12A of the following article:--

"12B. For the purposes of articles 12 and 12A any benefit, pension, allowance or supplement out of which the excess of supplementary welfare allowance may be paid to the health board shall include any benefit, pension, allowance or supplement payable to or on account of the spouse of the person."

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

17th day of November, 1986.

GEMMA HUSSEY,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations provide that:--

1. Payments made to a person in respect of an increase for an adult dependant shall be regarded as payments on account against any benefit to which the adult dependant subsequently becomes entitled.

2. Half of the payments made in respect of increases for children to a person whose spouse is an adult dependant shall be regarded as payments on account against any benefit to which the spouse subsequently becomes entitled in respect of the same period.

3. Moneys paid to a person by way of supplementary welfare allowance which include an increase in payment in respect of a spouse may be recouped from any benefit to which the spouse subsequently becomes entitled.