S.I. No. 206/1991:

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1991.

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1991.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 19 , 29 , 30 , 42 , 43 , 46 and 84 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981 ) and by sections 79, 93 and 101 of that Act (as amended by section 30 of the Social Welfare Act, 1988 (No. 7 of 1988), hereby makes the following Regulations:--

PART I

General

1. These Regulations may be cited as the Social Welfare (Amendment of Miscellaneouos Social Insurance Provisions) Regulations, 1991.

2. In these Regulations--

"the Regulations of 1988" means the Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988 ( S.I. No. 263 of 1988 );

"the Regulations of 1990" means the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1990 ( S.I. No. 188 of 1990 ).

PART II

Increased Rates of Benefits and Pensions under the Occupational Injuries Scheme

3. This Part shall come into operation on the 29th day of July, 1991.

4. The Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) are hereby amended--

( a ) by the substitution for the Second Schedule thereto (inserted by article 6 of the Regulations of 1990) of the Schedule set out in Schedule A to this Part, subject in respect of the Scale set out in the said Second Schedule (as amended by these Regulations), to the following provisions:--

(i) the rates of pension specified in column (3) of the Scale shall have effect on and from the 29th day of July, 1991 whether the period taken into account by the assessment began on, before or after that date, and,

(ii) the amounts of gratuity specified in column (2) of the Scale shall be payable only where the period taken into account by the assessment of the degree of disablement began on, or after the 29th day of July, 1991,

( b ) by the substitution for the Fourth Schedule thereto (inserted by article 6 of the Regulations of 1990) of the Schedule set out in Schedule B to this Part.

SCHEDULE A

"SECOND SCHEDULE

Articles 6 and 7

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

SCHEDULE B

"FOURTH SCHEDULE

Article 4

PART I

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

".

PART III

Alteration in Reduced Weekly Rates of Old Age (Contributory) Pension, Retirement Pension, Widow's (Contributory) Pension and Deserted Wife's Benefit

5. (1) The Social Welfare (Old Age (Contributory) Pension) Regulations, 1960 ( S.I. No. 274 of 1960 ) are hereby amended by the substitution for the Schedule thereto (inserted by Article 8 of the Regulations of 1990) of the following Schedule:--

SCHEDULE

"SCHEDULE

Article 3

Reduced Rates of Old Age (Contributory) Pension where Contribution Conditions are Partially Satisfied

".

(2) This article shall come into operation on the 26th day of July, 1991.

6. (1) The Social Welfare (Widows' and Orphans' (Contributory) Pensions) Regulations, 1966 ( S.I. No. 235 of 1966 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 9 of the Regulations of 1990) of the following Schedule:--

SCHEDULE

"SCHEDULE

Article 4

Reduced Rates of Widow's (Contributory) Pension where Contribution Conditions are Partially Satisfied

".

(2) This article shall come into operation on the 26th day of July, 1991.

7. (1) The Social Welfare (Retirement Pension) Regulations, 1970 ( S.I. No. 225 of 1970 ) are hereby amended by the substitution for the Schedule thereto (inserted by Article 10 of the Regulations of 1990) of the following Schedule--

SCHEDULE

"SCHEDULE

Article 4

Reduced Rates of Retirement Pension where Contribution Conditions are Partially Satisfied

".

(2) This article shall come into operation on the 25th day of July, 1991.

8. (1) The Social Welfare (Deserted Wife's Benefit) Regulations, 1973 ( S.I. No. 202 of 1973 ) are hereby amended by the substitution for the Schedule thereto (inserted by article II of the Regulations of 1990) of the following Schedule--:

SCHEDULE

"SCHEDULE

Article 4

Reduced Rates of Deserted Wife's Benefit where Contribution Conditions are Partially Satisfied

".

(2) This Article shall come into operation on the 25th day of July, 1991.

PART IV

Alteration in Reduced Weekly Rates of Old Age (Contributory) Pension, Widow's (Contributory) Pension and Deserted Wife's Benefit for Certain Persons

9. (1) The Regulations of 1988 are hereby amended by the substitution for Schedule A thereto (inserted by article 13 of the Regulations of 1990) of the following Schedule:--

SCHEDULE

"SCHEDULE A

Article 4

".

(2) This article shall come into operation on the 26th day of July, 1991.

10. (1) The Regulations of 1988 are hereby amended by the substitution for Schedule B thereto (inserted by article 15 of the Regulation of 1990) of the following Schedule:--

SCHEDULE

"SCHEDULE B

Articles 5 and 6

".

(2) This article shall come into operation on the 26th day of July, 1991 as respects widow's (contributory) pension and on the 25th day of July, 1991 as respects deserted wife's benefit.

PART V

Days not to be treated as days of unemployment

15. (1) Article 7 of the Social Welfare (Disability, Unemployment and Marriage Benefit) Regulations, 1953 ( S.I. No. 7 of 1953 ) is hereby amended by the substitution for paragraph (b) (inserted by article 3 of the Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) (No. 2) Regulations, 1965 ( S.I. No. 52 of 1965 ) and amendment by article 3 of the Social Welfare (Miscellaneous Provisions) (No. 2) Regulations, 1986 ( S.I. No. 237 of 1986 )) of the following paragraphs--

"(b) a day shall not be treated as a day of unemployment if an insured person--

(i) fails to prove to the satisfaction of the Minister in respect of that day that he is unemployed, capable of work and available for employment, or

(ii) is on that day following any occupation from which he derives any remuneration or profit, unless such occupation could ordinarily have been followed by him in addition to his usual employment and outside the ordinary working hours of that employment and either--

(I) The remuneration or profit therefrom for such day does not exceed £10, or, where the remuneration or profit is in respect of a period longer than a day, such remuneration or profit does not on the daily average exceed that amount, or

(II) not less than one hundred and seventeen employment contributions have been paid in respect of him in respect of either the period of three years immediately preceding that day or in respect of the last three complete contribution years immediately preceding that day;

( c ) where the provisions at clause (II) of sub-paragraph (ii) of paragraph (b) are satisfied as respects any day they shall continue to be regarded as satisfied in respect of any subsequent day which is in the same period of interruption of employment.".

(2) ( a ) Subject to paragraph (b) of this sub-article, this article shall come into operation on the 25th day of July, 1991.

( b ) This article shall not apply in the case of any day of unemployment which forms part of a period of interruption of employment where the first day of unemployment commenced before the 25th day of July, 1991.

PART VI

Abolition of reduced rates of Disability Benefit and Unemployment Benefit

13. This Part shall come into operation on the 29th day of July, 1991 as respects disability benefit and on the 25th day of July, 1991 as respects unemployment benefit.

14. The Regulations specified in column (2) of the Schedule to this Part are hereby revoked to the extent specified in column (3) of that Schedule opposite the mention of those Regulations in column (2).

SCHEDULE

Article 14

Regulations Revoked

GIVEN under the Official Seal of the Minister for Social Welfare this 24th

day of July, 1991.

MICHAEL WOODS,

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

24th day of July, 1991.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

The Social Welfare Act, 1991 provided for increases in the maximum rates of social insurance payments arising from the 1991 Budget, with effect from the end of July, 1991. These Regulations provide for increases in the reduced rates of various social insurance payments from the end of July, 1991 and for an increase from £4 to £10 in the daily amount of earnings which a person may earn from a subsidiary occupation without affecting entitlement to unemployment benefit.

Part II

Part II of the Regulations provides for increases in the rates of benefit payable under the occupational injuries benefits scheme--

-- in respect of disablement gratuities appropriate to degrees of disablement assessed at 19 per cent or under,

-- in respect of disablement pension payable in lieu of such gratuities,

-- in respect of injury benefit payable to persons under the age of sixteen, and

-- in respect of certain constant attendance allowances.

The new rates are payable from 29th July, 1991.

Part III

Part III of the Regulations 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 26th July, 1991 in the case of old age contributory and widows' contributory pensions and from 25th July, 1991 in the case of retirement pensions and deserted wife's benefit.

Part IV

Part IV of the Regulations provides for an increase from 26th July, 1991 in the reduced rates of old age (contributory) pension payable to certain persons who came back into insurance on the abolition of the earnings limit for liability for social insurance contributions in April, 1974, but who did not have a sufficient record of contributions to entitle them to a pension. Increases are also payable from 26th July, 1991 to widows who qualify for widow's (contributory) pension on this basis and similarly to deserted wives from 25th July, 1991.

Part V

Part V of the Regulations provides for an increase from £4 to £10 in the daily amount of earnings which a person may earn from a subsidiary occupation without affecting entitlement to unemployment benefit. This daily earnings limit does not apply to persons who have a certain standard of PRSI contributions in a recent three-year period. These Regulations increase from 26 to 39 the yearly average number contributions required under this condition.

PART VI

Section 17 of the Social Welfare Act, 1991 provides for a reduction from 48 to 39 in the number of paid or credited contributions required in the governing contribution year in order to qualify for the maximum rate of disability or unemployment benefit. Part VI of the Regulations provides for the revocation of obsolete regulatory provisions as a consequence of this measure.