S.I. No. 217/1963 - Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1963.


S.I. No. 217 of 1963.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1963.

I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 and 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) Regulations, 1963.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1962, may be cited collectively as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1963.

2. These Regulations shall come into operation on the 1st day of November, 1963.

3. In these Regulations "the Principal Regulation" means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ).

4. Sub-article (5) of article 4 of the Principal Regulations as amended by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1962 ( S.I. No. 138 of 1962 ) is hereby further amended by the substitution for the words "forty-nine shillings and ninepence", "sixty-two shillings and ninepence" and "seventy-five shillings and ninepence" of the words "fifty-two shillings and threepence", "sixty-five;shillings and threepence" and "seventy-eight shillings and threepence", respectively.

5. Sub-article (5) of article 4 of the Principal Regulations is hereby further amended by the substitution with effect from the 6th day of January, 1964, for the words "fifty-two shillings and threepence", "Sixty-five shillings and threepence" and "seventy-eight shillings and threepence" (inserted by article 4 of these Regulations) of the words "fifty-four shillings and ninepence", "sixty-seven shillings and ninepence" and "eighty shillings and ninepence", respectively.

6. Article 4 of the Principal Regulations is amended by the addition of the following sub-article:—

" (7) Where, in respect of any week, a person is in receipt of benefit under subsection (3) of section 26 of the Act (as amended by section 11 of the Social Welfare (Miscellaneous Provisions) Act, 1963 (No. 26 of 1963))—

(a) the rate of disability benefit (excluding any increase payable under 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, and he shall not be entitled to any increase under subsection (1) of section 27 of the Act,

(b) no disability benefit shall be payable to him in respect of any day in such week if he is also in receipt of a pension as a blind person under the Old Age Pensions Acts in respect of that week ".

7. Sub-article 4 of article 14 of the Principal Regulations as amended by article 3 of the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1962 ( S.I. No. 236 of 1962 ) is hereby further amended by the substitution, with effect from the 6th day of January, 1964, for the words "one hundred and fifty" of the words "one hundred and seventy-five".

GIVEN under my Official Seal this 31st day of October, One

Thousand Nine Hundred and Sixty-three.

CAOIMHGHÍN Ó BEOLÁIN,

Minister for Social Welfare.

EXPLANATORY NOTE.

The The Social Welfare (Miscellaneous Provisions) Act, 1963 , makes provision, inter alia, for increases in the rates of widows' (non-contributory) pension with effect as from the 1st November, 1963, and in the rates of unemployment and disability benefit with effect as from the 6th January, 1964. 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 benefit or unemployment benefit to a widow who is in receipt of a widows' (non-contributory) pension which is reduced in respect of means. These Regulations also provide that the limit of accrued disability benefit payable to a person on his discharge from hospital or to his estate on death is increased from £150 to £175.

These Regulations further provide that a man who is in receipt of benefit, equal to the rate of widow's (contributory) pension, as the survivor of an old age (contributory) pensioner shall, for the purpose of overlapping benefits, be treated in the same way as a widow in receipt of widow's (contributory) pension.