S.I. No. 234/1966 - Social Welfare (Widows' and Orphans' (Contributory) Pensions) (Transitional) (Amendment) Regulations, 1966.


S.I. No. 234 of 1966.

SOCIAL WELFARE (WIDOWS' AND ORPHANS' (CONTRIBUTORY) PENSIONS) (TRANSITIONAL) (AMENDMENT) REGULATIONS, 1966.

I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 , 66 and 69 of the Social Welfare Act, 1952 (No. 11 of 1952) hereby make the following Regulations :—

1. These Regulations may be cited as the Social Welfare (Widows' and Orphans' (Contributory) Pensions) (Transitional) (Amendment) Regulations, 1966.

2. The Social Welfare (Widows' and Orphans' (Contributory) Pensions) (Transitional) Regulations, 1953 ( S.I. No. 12 of 1953 ) and these Regulations may be cited collectively as the Social Welfare (Widows' and Orphans' (Contributory) Pensions) (Transitional) Regulations, 1953 and 1966.

3. These Regulations shall come into operation on the 31st day of October, 1966.

4. In these Regulations " the Principal Regulations " means the Social Welfare (Widows' and Orphans' (Contributory) Pensions) (Transitional) Regulations, 1953.

5. Article 3 (1) of the Principal Regulations is hereby amended by the insertion in the definition of " existing pensions contributor " after the word " who " of the words " at any time " and by the deletion of the words " on the day immediately preceding the appointed day ".

6. Article 5 of the Principal Regulations is hereby amended by the deletion of the words after " existing pensions contributor " and the substitution therefor of the following:—

"(i) entry into insurance under the Widows' and Orphans' Pensions Acts shall be treated as entry into insurance under the Act, and

(ii) every two contributions paid by or in respect of such contributor under the Widows' and Orphans' Pensions Actsshall be treated as three employment contributions paid under the Act and any odd contribution under the Widows' and Orphans' Pensions Acts shall be treated as two employment contributions paid under the Act."

7. Article 6 of the Principal Regulations is hereby amended by :—

(a) the deletion of the word " last " wherever it occurs in the article, and

(b) the addition of the following paragraph :—

"(e) entry into insurance under the Widows' and Orphans' Pensions Acts may be treated as entry into insurance under the Act."

8. Article 9 of the Principal Regulations is hereby revoked.

9. In relation to an existing pensions contributor who died or attained age 70 years on or after the 6th day of January, 1936, but before the 5th day of January, 1953, the provisions of paragraph (c) of section 9 of the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935) shall be deemed for the purposes of these Regulations not to have applied to him.

10. Where, by virtue of the operation of articles 3, 5 and 6 of the Principal Regulations, as amended by these Regulations, in the case of an existing pensions contributor the average per contribution year of contributions paid in respect of or credited to him calculated in accordance with the provisions of paragraph 4 (b) (ii) of the Fourth Schedule to the Act is less than forty-eight the said average so arrived at shall be used to determine whether or not a pension at a reduced rate is payable in accordance with regulations made under section 28a of the Act (inserted by the Social Welfare (Amendment) Act, 1960 (No. 25 of 1960)) as amended by section 6 of the Social Welfare (Miscellaneous Provisions) Act, 1966 (No. 24 of 1966).

GIVEN under my Official Seal this 21st day of October, 1966.

CAOIMHGHÍN Ó BEOLÁIN,

Minister for Social Welfare.

I, SEÁN Ó LOINSIGH, Minister for Finance, hereby sanction the foregoing Regulations.

GIVEN under my Official Seal this 21st day of October, 1966.

SEÁN Ó LOINSIGH,

Minister for Finance.

EXPLANATORY NOTE

These Regulations amend the Social Welfare (Widows' and Orphans' (Contributory) Pensions) (Transitional) Regulations, 1953, which made provision for protecting the rights of persons insured under the Widows' and Orphans' Pensions Acts, by providing that an existing pensions contributor at the 5th January, 1953, shall include any person who was at any time insured under the Widows' and Orphans' Pensions Acts and that all contributions paid or credited under those Acts may be taken into account for the purpose of establishing title to widows' (contributory) pensions under the Social Welfare Acts (including pension at reduced rates).

Article 9 of the existing Regulations made temporary provision in relation to widows' (contributory) pension where the husband had been in Great Britain or Northern Ireland for periods subsequent to 1939. The recent Reciprocal Agreement makes permanent arrangements to protect the position of widows in such cases and, accordingly, the Article is being revoked.