S.I. No. 278/1960 - Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1960.

S.I. No. 278 of 1960.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) (No. 2) REGULATIONS, 1960.

I, SEÁN MacENTEE, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 , 32 and 75 of the Social Welfare Act, 1952 (No. 11 of 1952), hereby make the following Regulations:—

1.—(1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1960.

(2) These Regulations, the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1959, and the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1960 ( S.I. No. 163 of 1960 ) shall be construed as one and may be cited collectively as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1960.

2. These Regulations shall come into operation on the 2nd day of January, 1961.

3. In these Regulations the expression "the Principal Regulations" means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ), and the reference therein to "the Act" shall be construed as a reference to the Social Welfare Act, 1952 (No. 11 of 1952) as amended by subsequent enactments.

4. Sub-article (2) of article 4 of the Principal Regulations is hereby amended by the deletion of the words "each of two" and "each of".

5. Sub-article (3) of article 4 of the Principal Regulations, as amended by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1956 ( S.I. No. 225 of 1956 ), is hereby amended by the deletion of all words after "qualified child" and the substitution therefor of the words "or qualified children any increase of benefit payable to such widow under subsection (1) of section 27 of the Act for any day in such week shall be payable at a weekly rate equal to the amount by which the weekly rate of the increase payable but for this sub-article exceeds the weekly rate of such allowance in respect of such child or children as the case may be".

6. Sub-article (4) of article 4 of the Principal Regulations as amended by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1960, is hereby further amended by the substitution in paragraphs (b) and (d) for the word "each" of the word "the" and by the insertion after the word "allowance" of the words "in respect of each of two children" and by the substitution in paragraph (d) for the words "four shillings" of the words "a rate equal to one half of the weekly rate of pension".

7. Article 5 of the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1960, is hereby amended by the addition of the words "and this sum shall be taken for the purpose of article 4 of the Principal Regulations to be the weekly rate of the child's (non-contributory) allowance in respect of each such child in excess of two".

8. Sub-article (5) of article 4 of the Principal Regulations as amended by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1960, is hereby further amended by the substitution for the words "forty-two shillings", "fifty-one shillings", "fifty-nine shillings" and "three shillings and six pence" of the words "forty-three shillings and three pence", "fifty-three shillings and three pence", "sixty-three shillings and three pence" and "five shillings".

9. Article 10 of the Principal Regulations is hereby deleted and the following substituted therefor:—

" 10. Where but for this article more than one of the following would be payable in respect of a qualified child only one shall be paid—

(a) an orphan's (contributory) allowance under the Act;

(b) an orphan's (non-contributory) pension under the Widows' and Orphans' Pensions Acts;

(c) an increase under subsection (2) of section 27 of the Act;

(d) a child's (non-contributory) allowance under the Widows' and Orphans' Pensions Acts."

10. Sub-article (1) of article 12 of the Principal Regulations is hereby amended by the insertion in paragraph (a) after the words "entitled to" and in paragraphs (b) and (c) after the words "on account of" of the words "old age (contributory) pension (including benefit under subsection (3) of section 26 of the Act),".

11. The Principal Regulations are hereby amended by the addition after article 13 of the following article:—

" 13A. Where a person is in receipt of benefit under subsection (3) of section 26 of the Act in respect of any week the rate of disability benefit or unemployment benefit (excluding any increase payable under subsection (1) of section 26 or subsection (1) of section 27 of the Act) otherwise payable to him in respect of any day in that week shall be reduced by half."

12. Article 14 of the Principal Regulations is hereby amended—

(a) by the deletion in paragraph (a) of sub-article 2 of the words "for each of two".

(b) by the substitution in sub-article (4) (as amended by article 5 of the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1956) for the words "one hundred and twenty-five" of the words "one hundred and thirty-five".

(c) by the insertion in sub-article (6) after the words "not apply to" of the words "old age (contributory) pension (including benefit under subsection (3) of section 26 of the Act)".

13. Sub-article (3) of article 15 of the Principal Regulations inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1954 ( S.I. No. 155 of 1954 ), is hereby amended by the deletion of paragraphs (b), (c) and (d) and the substitution therefor of:—

"(b) there is normally residing with such person a qualified child or qualified children, an increase of disability benefit under subsection (1) of section 27 of the Act shall not be payable in respect of such child or children unless no addition to the pension or allowance is payable in respect of such child or children or the addition in respect of such child or children is less than the increase in which case the difference shall be payable."

14. The Principal Regulations are hereby amended by the addition thereto of the following articles:—

"19. Where, but for this article, old age (contributory) pension and widow's (contributory) pension would be payable to a person in respect of any period—

(a) the old age (contributory) pension shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of the widow's (contributory) pension (including any increase payable by virtue of sub-section (2) of section 27 of the Act), and

(b) the widow's (contributory) pension (including any increase payable by virtue of subsection (2) of section 27 of the Act) shall not be payable in respect of that period unless the rate thereof is greater than the rate of the old age (contributory) pension.

20. An increase of benefit in respect of a wife under paragraph (a) of subsection (1) or of subsection (2) of section 26 of the Act and an increase of benefit in respect of her husband under paragraph (b) of subsection (1) or of subsection (2) of section 26 of the Act shall not be payable for the same period."

GIVEN under my Official Seal this 31st day of December, One Thousand Nine Hundred and Sixty.

SEÁN MacENTEE,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare (Amendment) Act, 1960 , makes provision for increases in the rates of disability benefit, unemployment benefit and widow's (contributory) pension and extends payment of increases of benefit to qualified children in excess of two. The Act further provides for payment of old age (contributory) pension.

These regulations provide for consequential increases in the limits prescribed in the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ), as amended, to the combined rate payable by way of pension and disability or unemployment benefit to a widow who is in receipt of a widow's (non-contributory) pension which is reduced in respect of means. The Regulations also provide that where old age (contributory) pension and widow's (contributory) pension would be payable only the greater pension is payable. The limit of accrued disability benefit payable to a person on his discharge from hospital or to his estate on death is increased from £125 to £135.