S.I. No. 270/1961 - Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1961.

S.I. No. 270 of 1961.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) (No. 2) REGULATIONS, 1961.

I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise of the powers conferred on me by section 3 and subsection (4) of section 32 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, 1961.

(2) The Social Welfare (Overlapping Benefits) Regulations 1953

to 1960, the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1961 ( S.I. No. 160 of 1961 ) and these Regulations may be cited collectively as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1961.

2. In these Regulations " the Principal Regulations " means the Social Welfare (Overlapping Benefits) Regulations, 1953 (No. 14 of 1953).

3. Sub-article (1) of article 15 of the Principal Regulations as amended by article 3 of the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1954 ( S.I. No. 155 of 1954 ) shall be deleted and the following shall be substituted therefor:—

" (1) Subject to the provisions of article 16 of these Regulations where a person is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State, or of any other State, being a pension in the highest degree or in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medical treatment in any institution or receiving training in a technical institution, the following provisions shall apply:—

(a) he shall not be entitled to disability benefit except as provided in paragraphs (b) or (c) of this sub-article;

(b) where twenty-six employment contributions have been paid in respect of him since the date of his discharge from the said armed forces he shall be entitled to disability benefit but, until one hundred and fifty-six employment contributions have been paid in respect of him since the date of his said discharge, the provisions of subsections (1) and (3) of section 16 of the Act shall apply to him as if he were a person in respect of whom less than one hundred and fifty-six employment contributions had been paid in respect of the period between his entry into insurance and any day of incapacity for work;

(c) where—

(i) his pension under the Army Pensions Acts, 1923 to 1961, does not include an addition in respect of his wife or an addition in respect of a child, and

(ii) less than twenty-six employment contributions have been paid in respect of him since the date of his said discharge, or

(iii) twenty-six employment contributions have been paid in respect of him since the date of his discharge and he is a person to whom the provisions of subsections (1) and (3) of section 16 of the Act apply by virtue of paragraph (b) of this sub-article

he shall, as respects his wife for any period during which she is living with him or wholly or mainly maintained by him and as respects any such child who is a qualified child for any period during which the child normally resides with him, be entitled to disability benefit at a rate equal to the amount of any addition or additions not so included in his pension which would be payable if he were entitled to such an addition under the said Acts."

4. Article 16 of the Principal Regulation shall be deleted and the following shall be substituted therefor:—

"16. Where a person in receipt of such pension or allowance as is specified in sub-article (1) of article 15 of these Regulations was, immediately before the appointed day, in receipt of sickness benefit or disablement benefit under the National Health Insurance Acts the following provisions shall apply:—

(a) where such person fails to satisfy the requirements of paragraph (b) of the said sub-article (1) as regards the number of contributions paid since his discharge from the armed forces, he shall, if he is not entitled to disability benefit in accordance with paragraph (c) of the said sub-article (1), be entitled to disability benefit at the weekly rate of sixteen shillings and sixpence, and

(b) where such person is entitled in accordance with paragraph (c) of the said sub-article (1) to disability benefit amounting to less than sixteen shillings and sixpence a week, the weekly rate of disability benefit in respect of such person shall be sixteen shillings and sixpence."

GIVEN under my Official Seal this 28th day of November, One Thousand

Nine Hundred and Sixty-One.

CAOIMHGHÍN Ó BEOLÁIN,

Minister for Social Welfare.

EXPLANATORY NOTE

These Regulations amend sub-article (1) of Article 15 and Article 16 of the Social Welfare (Overlapping Benefits) Regulations, 1953 (as amended) by providing that a person who is in receipt of a full disability pension or allowance under the Army Pensions Acts which does not include any addition for a wife or child, may be paid disability benefit equal to such addition if he is incapable of work but has not requalified for disability benefit by payment of contributions after discharge. The existing provisions of sub-article (1) of Article 15 and Article 16 are otherwise continued unchanged.