S.I. No. 281/1991:

SOCIAL WELFARE (OVERLAPPING BENEFITS) REGULATIONS, 1991.

SOCIAL WELFARE (OVERLAPPING BENEFITS) REGULATIONS, 1991.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 219 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), by section 130 of that Act (inserted by section 43 of the Social Welfare Act, 1991 (No. 7 of 1991)) and by section 19 of the Social Welfare (No. 2) Act, 1985 (No. 14 of 1985), hereby makes the following Regulations:--

PART I General

1. These Regulations may be cited as the Social Welfare (Overlapping Benefits) Regulations, 1991.

2. In these Regulations, unless the context otherwise requires,--

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

"assistance" means any assistance specified in section 134 (1) of the Act;

"benefit" means any benefit specified in section 17 (1) of the Act;

"section 130 of the Act" means section 130 of the Act (inserted by section 43 of the Social Welfare Act, 1991 ).

3. These Regulations shall come into operation on the 1st day of November, 1991

4. The Social Welfare (Overlapping Benefits) Regulations, 1990 ( S.I. No. 342 of 1990 ) are hereby revoked.

PART II Overlapping Benefits Provisions

CHAPTER 1 Overlapping Payments

5. (1) Notwithstanding subsection (1) or (2) of section 130 of the Act, where disablement benefit and any benefit or assistance (including any increase thereof) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.

(2) For the purposes of sub-article (1) of this article disablement benefit shall not include any increase--

(a) on account of unemployability by virtue of section 45 of the Act, or

(b) in respect of an adult dependant or a qualified child by virtue of section 44 (3) of the Act, or

(c) in respect of constant attendance by virtue of section 46 of the Act.

6. (1) Notwithstanding subsection (1) or (2) of section 130 of the Act, where orphan's (contributory) allowance, orphan's (non-contributory) pension or death benefit by way of orphan's pension and any payment specified in sub-article (3) of this article would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.

(2) Where, in respect of any period, a person who is in receipt of orphan's (contributory) allowance, orphan's (non-contributory) pension or death benefit by way of orphan's pension is also in receipt of blind pension or any payment specified in paragraphs (f) to (j) of sub-article (3) of this article, then disability benefit, maternity allowance, unemployment benefit, injury benefit or unemployability supplement shall not be payable to that person in respect of the same period.

(3) The following payments are hereby specified for the purposes of this article:--

(a) disability benefit,

( b ) maternity allowance,

( c ) unemployment benefit,

( d ) injury benefit,

( e ) unemployability supplement,

( f ) death benefit by way of widow's pension, widower's pension or parent's pension,

( g ) widow's (contributory) pension,

( h ) deserted wife's benefit,

( i ) widow's (non-contributory) pension,

( j ) lone parent's allowance.

7. (1) Notwithstanding subsection (1) or (2) of section 130 of the Act, where in respect of any period a person is in receipt of a payment specified in sub-article (6) of this article and is also entitled to disability benefit, maternity allowance, unemployment benefit, injury benefit or unemployability supplement in respect of any day in the same period, such disability benefit, maternity allowance, unemployment benefit, injury benefit or unemployability supplement shall, subject to sub-article (2) of this article, be reduced by half:

Provided that no increase shall be paid in such benefit or allowance in respect of a qualified child or in the case of unemployability supplement no increase by virtue of section 44 (3) of the Act shall be payable, and in no case shall disability benefit or unemployability supplement be paid to a person who is in receipt of a payment specified in sub-article (6) of this article for any day in excess of 390 days in any period of interruption of employment.

(2) Where, in respect of any period, a person is in receipt of--

( a ) widow's (contributory) pension or deserted wife's benefit at a rate less than that specified in Part I of the Second Schedule to the Act, or

( b ) any pension or allowance specified in paragraphs (e) to (h) of sub-article (6) of this article at a reduced rate by reason of means,

and he is also entitled to disability benefit, maternity allowance, unemployment benefit, injury benefit or unemployability supplement, both such payments may be paid to that person in respect of that period:

Provided that the amount payable to that person by way of such disability benefit, maternity allowance, unemployment benefit or injury benefit (including any increase in respect of a qualified child) or by way of unemployability supplement (including an increase payable in respect of a qualified child by virtue of section 44 (3) of the Act) shall not exceed the aggregate of--

(i) the difference between the amount of such reduced pension, benefit or allowance specified in paragraph (a) or (b) and the maximum scheduled rate of such pension, benefit or allowance, appropriate to the family size, and

(ii) one half of the rate of disability benefit, maternity allowance, unemployment benefit, injury benefit (exclusive of any increase in respect of a qualified child) or unemployability supplement (exclusive of any increase payable in respect of a qualified child by virtue of section 44 (3) of the Act), as the case may be,

and in no case shall the amount of disability benefit, maternity allowance, unemployment benefit, injury benefit or unemployability supplement so payable exceed the rate of such benefit, allowance or supplement appropriate to the family size, as set out in Part I of the Second Schedule to the Act.

(3) In sub-article (2) of this article "scheduled rate" means the rate of widow's (contributory) pension or deserted wife's benefit appropriate to the family size, as set out in Part I of the Second Schedule to the Act, or the rate of widow's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance or lone parent's allowance appropriate to the family size, as set out in Part I of the Fourth Schedule to the Act, as the case may be.

(4) Where, in respect of any period, a person who is in receipt of a payment specified in sub-article (6) of this article is also in receipt of a blind pension, then disability benefit, maternity allowance, unemployment benefit, injury benefit or unemployability supplement shall not be payable to that person in respect of the same period.

(5) Where, on the 5th day of April, 1990, a person who was in receipt of a payment specified in sub-article (6) of this article was also in receipt of disability benefit or unemployability supplement by virtue of sub-article (1B) of Article 4 of the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ) (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1987 ( S.I. No. 344 of 1987 )), that person shall, notwithstanding sub-article (1) of this article, continue to be entitled to such benefit or supplement until the end of the period of incapacity for work.

(6) The following payments are hereby specified for the purposes of this article:--

( a ) death benefit by way of widow's pension, widower's pension or parent's pension,

( b ) widow's (contributory) pension,

( c ) deserted wife's benefit,

( d ) survivor's benefit under section 87 of the Act,

( e ) widow's (non-contributory) pension,

( f ) deserted wife's allowance,

( g ) prisoner's wife's allowance,

( h ) lone parent's allowance.

8. (1) Notwithstanding subsection (1) or (2) of section 130 of the Act, where, in respect of the same period, blind pension under Chapter 3 of Part III of the Act and any payment payments, specified in sub-article (2) of this article would be payable to or in respect of a person who has not attained pensionable age, both such payments may be paid to or in respect of that person in respect of that period.

(2) The following payments are hereby specified for the purposes of this article:--

( a ) any benefit other than old age (contributory) pension, retirement pension, survivor's benefit under section 87 of the Act or invalidity pension,

( b ) any assistance other than unemployment assistance, pre-retirement allowance, old age pension or carer's allowance.

CHAPTER 2 Payment on Account

9. Where--

( a ) in respect of any period, a payment specified in subsection (1) or (2) of section 130 of the Act (in this article referred to as the "specified payment") has been paid to or in respect of a person who, though entitled to any other payment specified in the said subsection (1) or (2) (in this article referred to as the "other payment" is not at that time in receipt of such other payment, and

( b ) such specified payment would not have been paid if that person had been in receipt of such other payment, and

( c ) any sum (in this article referred to as the "arrears") accruing in respect of any part of the said period on account of the other payment subsequently becomes payable to that person,

the Minister or the health board, as the case may be, may reduce the arrears by an amount not exceeding the amount paid by way of the specified payment to such person.

10. (1) Where in respect of any period a person is in receipt of any benefit or assistance, which includes an increase in respect of an adult dependant, and in that period that adult dependant becomes entitled in his own right to any benefit or assistance, any such increase shall be regarded as payment on account of the said benefit or assistance payable to that adult dependant in respect of the said period.

(2) Where in respect of any period a person is in receipt of any benefit or assistance, which includes an increase in respect of a qualified child, and in that period that qualified child becomes entitled in his own right to any benefit or assistance, any such increase shall be regarded as payment on account of the said benefit or assistance payable to that qualified child in respect of the said period.

(3) Where in respect of any period a person is in receipt of any benefit or assistance, which includes an increase in respect of a qualified child, and in that period that person's spouse becomes entitled in his own right to any benefit or assistance which also includes an increase in respect of that qualified child, half of any sums paid to that person in that period in respect of that qualified child shall be regarded as payment on account of the said benefit or assistance.

11. (1) Where--

( a ) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person who, though entitled to a payment specified in sub-article (2) of this article, is not at that time in receipt of such specified payment, and

( b ) such supplementary welfare allowance is in excess of the amount which would have been granted to that person if he had been in receipt of such specified payment, and

( c ) any such specified payment accruing in respect of any part of the said period (in this article referred to as the "arrears") subsequently becomes payable to that person, and

( d ) the health board has, before the arrears are paid to that person, certified to the Minister the amount so paid in excess in respect of the said period by such health board,

the Minister may pay to the health board out of the arrears an amount not exceeding the amount of such excess.

(2) The following payments are hereby specified for the purposes of this article--

( a ) death benefit by way of widow's pension, widower's pension, parent's pension or orphan's pension or an increase thereof in respect of a qualified child,

( b ) widow's (contributory) pension or an increase thereof in respect of a qualified child,

( c ) orphan's (contributory) allowance,

( d ) deserted wife's benefit or an increase thereof in respect of a qualified child,

( e ) old age (contributory) pension or an increase thereof in respect of an adult dependant or a qualified child,

( f ) retirement pension or an increase thereof in respect of an adult dependant or a qualified child,

( g ) survivor's benefit under section 87 of the Act or an increase thereof in respect of a qualified child,

( h ) invalidity pension or an increase thereof in respect of an adult dependant or a qualified child,

( i ) old age (non-contributory) pension or blind pension or an increase thereof in respect of a spouse or a qualified child,

( j ) single woman's allowance,

( k ) carer's allowance or an increase thereof in respect of a qualified child.

12. (1) Where--

( a ) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person who, though entitled to a payment specified in sub-article (2) of this article, is not at that time in receipt of such specified payment, and

( b ) such supplementary welfare allowance is in excess of the amount which would have been granted to that person if he had been in receipt if such specified payment, and

( c ) the health board has duly certified to the Minister the amount so paid in excess in respect of the said period by such health board,

the Minister may pay to the health board an amount not exceeding the amount of such excess out of any such specified payment which is or may become payable to such person during the relevant continuous period of entitlement to the said specified payment.

(2) The following payments are hereby specified for the purposes of this article--

( a ) disability benefit or an increase thereof in respect of an adult dependant or a qualified child,

( b ) unemployment benefit or an increase thereof in respect of an adult dependant or a qualified child,

( c ) maternity allowance or an increase thereof in respect of a qualified child,

( d ) injury benefit or an increase thereof in respect of an adult dependant or a qualified child,

( e ) pay-related benefit,

( f ) disablement benefit, or where such benefit is a disablement pension, an increase thereof in respect of an adult dependant or a qualified child or by way of unemployability supplement.

13. For the purposes of articles 11 and 12 of these Regulations any payment specified in sub-article (2) of the said article 11 or sub-article (2) of the said article 12 out of which the excess of supplementary welfare allowance may be paid to the health board shall include any such specified payment payable to or in respect of the spouse of the person.

CHAPTER 3 Payment of Increase for Qualified Child during the Summer Months

14. Notwithstanding subsection (1) or (2) of section 130 of the Act, where, in respect of any period to which paragraph (b) of article 5 of the Social Welfare (Full-Time Education) Regulations, 1991 ( S.I. No. 261 of 1991 ) applies, an increase in any payment specified in subsection (1) or (2) of the said section 130 is payable in respect of a qualified child and that qualified child becomes entitled to any payment specified in subsection (1) or (2) of the said section 130 in his own right, the following provisions shall apply--

( a ) the increase in payment payable in respect of the qualified child shall continue to be paid, and

( b ) the payment to which qualifies child becomes entitled to in his right shall be reduced by an amount not exceeding the amount of the increase specified in paragraph (a) of this article.

CHAPTER 4 Old Age Pension (Qualified Children)

15. Notwithstanding subsection (1A) of section 161 of the Act, where each of a married couple is entitled to a pension under Chapter 3 of Part III of the Act and, but for this article, they would each be entitled to an increase in such pension in respect of a qualified child or qualified children, only one such pension shall be increased in respect of such qualified child or children.

PART III Miscellaneous Provisions

16. Where, by virtue of these Regulations, the amount of any benefit or assistance (including any increase threof) is reduced, the amount so payable shall be rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and shall be rounded to the nearest 10p where it is a multiple of 5p.

17. (1) Subject to sub-article (2) of this article, where, immediately before the commencement of these Regulations, more than one of the payments specified in subsection (1) or (2) of section 130 of the Act is payable to or in respect of a person in respect of the same period by virtue of the provisions of sub-article (1) of article 21 of the Social Welfare (Overlapping Benefits) Regulations, 1990, the said section 130 shall not operate so as to disentitle such person to any such payment.

(2) Where, on the commencement of these Regulations, more than one of the payments specified in subsection (1) or (2) of section 130 of the Act continues to be payable to or in respect of a person in respect of the same period by virtue of sub-article (1) of this article, and that person subsequently ceases to be entitled to any such payment for any period, sub-article (1) of this article shall cease to apply to that person from the date that such payment ceases.

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

this 31st day of October, 1991.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

Section 43 of the Social Welfare Act, 1991 replaced the provisions contained in sections 130 and 131 of the Social Welfare (Consolidation) Act, 1981 . These provisions, together with the Regulations made under them, prevented, except in specific limited circumstances, the concurrent payment of more than one social welfare payment to any person. These regulations are made under the powers given in section 43 of the Social Welfare Act, 1991 and replace the previous Regulations under sections 130 and 131. These Regulations set out the specific circumstances in which payment of more than one social welfare or health board payment may be paid concurrently, as follows--

( a ) disablement benefit may be paid concurrently with any other social welfare payment,

( b ) disability benefit, unemployment benefit, maternity allowance, injury benefit or unemployability supplement may be paid concurrently at half-rate to recipients of widow's pensions, deserted wives payments, lone parent's allowance and other analogous payments,

( c ) blind pensioners who are under 66 years of age and persons in respect of whom an orphan's pension is payable may concurrently receive disability benefit, unemployment benefit, maternity allowance, injury benefit, widow's pensions, or lone parent's allowance.

These Regulations also provide that where certain social welfare payments are paid, these can be treated as paid on account of other payments. The Regulations contain special provisions regarding recoupment to health boards, from specified social welfare payments, of interim payments of supplementary welfare allowance made to such claimants.