S.I. No. 135/1962 - Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) Regulations, 1962.

S.I. No. 135 of 1962.

SOCIAL WELFARE (DISABILITY, UNEMPLOYMENT AND MARRIAGE BENEFIT) (AMENDMENT) REGULATIONS, 1962.

I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 , 15 and 17 (1) 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 (Disability, Unemployment and Marriage Benefit) (Amendment) Regulations, 1962.

(2) In these Regulations "the Principal Regulations" mean the Social Welfare (Disability, Unemployment and Marriage Benefit) Regulations, 1953 ( S. I. No. 7 of 1953 ).

(3) These Regulations and the Social Welfare (Disability, Unemployment and Marriage Benefit) Regulations, 1953 to 1960 may be cited collectively as the Social Welfare (Disability, Unemployment and Marriage Benefit) Regulations, 1953 to 1962.

2. These Regulations shall come into operation on the 1st day of August, 1962.

3. Article 7 of the Principal Regulations is hereby amended by the substitution in subparagraph (ii) of paragraph (b) for the words "five shillings" of the words "six shillings and eight pence".

4. The Principal Regulations are hereby amended by the insertion after Article 7 of the following Article :—

"7A. For the purposes of unemployment benefit, and notwithstanding the provisions of subparagraph (ii) of paragraph (b) of the preceding Article, any day on which an insured person is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training) shall be treated as a day of unemployment and such person shall be deemed to be available for employment on such day".

5. The following Rule shall be substituted for Rule 5 of the Rules of Behaviour specified in the Third Schedule to the Principal Regulations :

'5. He shall do no work unless it be—

(a) light work for which no remuneration is, or would ordinarily be, payable, or

(b) work undertaken primarily as a definite part of his treatment while he is a patient in or of a hospital, sanatorium, or other similar institution and his earnings in respect of that work do not, on the average, exceed forty shillings a week, or

(c) work of the kind referred to in paragraph 7 of Part 1 of the First Schedule to the Act under a scheme that is, in the opinion of the Minister, charitable in character and purpose and his earnings in respect of that work do not, on the average, exceed forty shillings a week."

GIVEN under my Official Seal this 30th day of July One Thousand Nine Hundred and Sixty-two.

CAOMHGHÍN Ó BEOLÁIN,

Minister for Social Welfare.

EXPLANATORY NOTE

These Regulations increase from 5/- to 6/8d. the daily amount of remuneration or profit which may be derived from a subsidiary occupation without affecting title to unemployment benefit for such day. They also enable persons undergoing a course of rehabilitation training provided by approved organizations to be deemed for unemployment benefit purposes to be unemployed and available for employment.

Rule 5 of the Rules of Behaviour, which claimants to disability benefit under the Social Welfare Acts must observe, provides that such claimants shall do no work except of certain specified types. As a result of the modification of Rule 5 set out in these Regulations a person may now earn forty shillings a week as against the previous limit of thirty shillings from work undertaken primarily as a definite part of his treatment while he is a patient in or of a hospital, sanatorium, or other similar institution without infringing the Rules of Behaviour. Similarly work may now be undertaken at home provided it is done under a scheme that is, in the opinion of the Minister for Social Welfare, charitable in character and purpose and the earnings in respect of it do not, on the average, exceed forty shillings a week.