S.I. No. 91/1967 - Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1967.

S.I. No. 91 of 1967.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1967.

I, JOSEPH BRENNAN, 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, 1967.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1966, may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1967.

2. These Regulations shall come into operation on the 1st day of May, 1967.

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

4. Article 3 of the Principal Regulations is hereby amended by the addition thereto, after the definition of " the Act " of the following :—

" the Act of 1966 " means the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966);

5. (1) Sub-article (1) of article 4 of the Principal Regulations is hereby amended by the insertion after the words " in receipt of " of the words " death benefit by way of widow's pension under the Act of 1966,".

(2) Article 4 of the Principal Regulations is hereby amended by the addition after sub-article (1) of the following sub-article : —

" (1A) Where a widow is in receipt of death benefit by way of widow's pension under the Act of 1966, a widow's (contributory) pension under the Act or a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts in respect of any week, the rate of unemployability supplement otherwise payable to her in respect of that week shall, subject to the provisions of sub-articles (5A) and (6) of this article, be reduced by half.".

6. Article 4 of the Principal Regulations is hereby amended by the insertion after sub-article (5) of the following sub-article :—

"(5A) Where in respect of any week a widow is in receipt of a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts at a reduced rate by reason of her means or a widow's (contributory) pension at a rate less than that specified in the Third Schedule to the Act, the provisions of sub-article (1A) of this article shall not apply, but if, in respect of that week, the total amount payable to her by way of such pension, an unemployability supplement and any increase under section 11 of the Act of 1966 would exceed the amount which would be payable if the pension were not reduced and sub-article (1A) applied, the supplement shall be reduced by the amount of the excess.".

7. Sub-article (6) of article 4 of the Principal Regulations is hereby amended by the insertion after the words " in receipt of ", where they first occur, of the words " death benefit by way of widow's pension under the Act of 1966," and after the words " disability benefit " of the words " unemployability supplement ".

8. Sub-article (7) of article 4 of the Principal Regulations, inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1963 ( S.I. No. 217 of 1963 ), is hereby amended by the insertion after paragraph (b) of the following paragraphs :—

"(c) the rate of unemployability supplement otherwise payable to him in respect of that week shall be reduced by half, and he shall not be entitled to any increase of disablement pension under section 11 of the Act of 1966, in respect of a child qualified for the purposes of that Act who is under the age of sixteen,

(d) unemployability supplement shall not be payable to him in respect of such week if he is also in receipt of a pension paid to him as a blind person under the Old Age Pensions Acts in respect of that week.".

9. Article 4 of the Principal Regulations is hereby amended by the addition of the following sub-articles :—

"(9) Sub-articles (1), (1A) and (6) of this article shall apply to a person who is in receipt of death benefit by way of widower's or parent's pension at the weekly rate of ninety-five shillings asthey apply to a widow in receipt of death benefit by way of widow's pension.

(10) For the purposes of this article, where disablement pension including an increase by way of unemployability supplement is liable to be reduced by the operation of section 25 of the Act of 1966, the provisions of this article relating to such supplement shall apply to the rate of the supplement which would be payable were it not for the operation of the said section 25, and that section shall apply to the amount of the pension including the supplement as adjusted in accordance with the provisions of this article.".

10. Sub-article (1) of article 8 of the Principal Regulations, as inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1965 ( S.I. No. 61 of 1965 ), is hereby amended as follows :—

(i) Paragraph (a) shall be deleted and the following substituted therefor : —

"(a) Subject to paragraphs (b), (c) and (d) of this sub-article, an increase under subsection (1) of section 27 of the Act or an increase under section 11 or section 19 of the Act of 1966 shall not be payable in respect of any qualified child or any child qualified for the purposes of the Act of 1966 for any period in respect of which an orphan's (contributory) allowance under the Act, an orphan's (non-contributory) pension under the Widows' and Orphans' Pensions Acts or death benefit by way of orphan's pension under the Act of 1966 is payable in respect of that child.".

(ii) The following paragraph shall be added to the sub-article : —

"(d) Where, but for the provisions of paragraph (a) of this sub-article an increase under section 11 or section 19 of of the Act of 1966 would be payable in respect of a child at a rate exceeding the rate of orphan's (noncontributory) pension payable in respect of that child, then, notwithstanding the provisions of the said paragraph (a) the difference between the said rates shall be payable as an increase under section 11 or section 19, as the case may be, of the Act of 1966.".

11. Sub-article (1) of article 9 of the Principal Regulations is hereby amended by the insertion after the word " where " of the words "death benefit by way of orphan's pension under the Act of 1966,".

12. Article 10 of the Principal Regulations as inserted by the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1960 ( S.I. No. 278 of 1960 ) and as amended by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1965, is hereby further amended by the addition of the following paragraph—

" (f) death benefit by way of an orphan's pension under the Act of 1966.".

13. Article 11 of the Principal Regulations is hereby amended by the insertion after the words " widow's (contributory) pension ", where they occur, of the words " or death benefit by way of widow's pension, widower's pension or parent's pension at the weekly rate of ninety-five shillings ".

14. Sub-article (1) of article 12 of the Principal Regulations, as amended by the Social Welfare (Overlapping Benefits) Regulations, 1960 is hereby further amended by the insertion after the words " unemployment benefit ", where they occur, of the words " death benefit by way of widow's pension, widower's pension or parent's pension ", and the insertion after the words " Social Insurance Fund " of " or the Occupational Injuries Fund, as appropriate,".

15. Sub-article (2) of article 12 of the Principal Regulations is hereby amended by the insertion after the words " qualified child " of the words " or on account of death benefit by way of orphan's pension or an increase under section 19 of the Act of 1966 in respect of a child qualified for the purposes of that Act " and after the words " widow's (contributory) pension " of the words " or death benefit by way of widow's or widower's pension ".

16. Sub-article (6) of article 14 of the Principal Regulations, as amended by the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1960, is hereby further amended by the insertion after the words " apply to " of the words " occupational injuries benefit," and by the addition at the end of the sub-article of the words " or any disability benefit which is payable in respect of any day on or after the 1st May, 1967.".

17. Sub-article (1) of article 17 of the Principal Regulations is hereby amended by the insertion after paragraph (a) of the following paragraph :—

"(aa) paragraph (a) of this sub-article shall not apply on or after 1st May, 1967, where more than six months has elapsed since the accident, in respect of which the person became entitled to the compensation, happened or the disease, in respect of which he became so entitled, caused disablement but in such case the weekly rate of disability benefit (including anyincrease thereof) shall be reduced by the amount of the excess of the sum of the disability benefit (including any increase thereof) and the weekly payment (or where a lump sum has been paid, the weekly value of this lump sum) over the amount (calculated in the manner set out in subsections (5) and (6) of section 25 of the Act of 1966) of his weekly earnings :

Provided that in no case shall such person receive less by way of disability benefit that he would have received if this paragraph were not applied to him.".

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

" 21. Where a person would but for this article be entitled to payment of injury benefit and disability benefit or maternity allowance in respect of the same day, injury benefit only shall be payable, unless the rate of disability benefit or maternity allowance is greater than the rate of injury benefit payable in the case in which event disability benefit or maternity allowance only shall be payable.

22. (1) Where a person would but for this article be entitled in respect of any period to payment of—

(a) disability benefit or maternity allowance and unemployability supplement, the benefit or allowance only shall be payable, unless the sum of the supplement and any increases of disablement pension under section 10 and section 11 of the Act of 1966 is greater than the rate of disability benefit (including any increases) or maternity allowance in which event only the supplement with any increase in disablement pension shall be payable,

(b) unemployment benefit and unemployability supplement, the supplement only shall be payable,

(c) old age (contributory) pension and unemployability supplement, the pension only shall be payable, unless the sum of the supplement and any increases of disablement pension under section 10 or section 11 of the Act of 1966 is greater than the rate of the old age (contributory) pension (including any increases) in which event only the supplement with any increases of disablement pension shall be payable,

(d) a pension (other than a pension payable to a blind person as such) under the Old Age Pensions Acts and unemployability supplement, the supplement only shall be payable, unless the supplement is less than the rateof pension, in which event the pension only shall be payable.

(2) Where, by virtue of sub-article (1) of this article, a benefit or pension is not payable to a person because such person is entitled to payment of unemployability supplement and the disablement pension including unemployability supplement to which such person is entitled is reduced by the operation of section 25 of the Act of 1966, the benefit or pension may, notwithstanding sub-article (1), be paid, but in that event unemployability supplement shall not be payable.

23. Where a person would but for this article be entitled in respect of any period to an increase under section 26 of the Act or to an increase in respect of an adult dependant under the Unemployment Assistance Acts and to an increase under the Act of 1966 in respect of the same person, only one such increase shall be payable.

24. (1) Where a person would but for this article be entitled to an increase in respect of a qualified child or qualified children under section 27 of the Act or an increase for a qualified child or qualified children under the Old Age Pensions Acts or an increase in respect of a child dependant or child dependants under the Unemployment Assistance Acts and an increase under the Act of 1966 in respect of the same child or children, only one such increase shall be payable.

(2) Where a person would but for this article be entitled to a child's (non-contributory) allowance under the Widows' and Orphans' Pensions Acts and an increase under the Act of 1966 in respect of the same child or children, only the allowance or the increase shall be payable.

25. Where but for this article more than one of the following would be payable under the Act of 1966 in respect of the same person for any period only one shall (be paid for that period—

(a) an increase under section 10,

(b) an increase under section 11,

(c) an increase under section 19,

(d) death benefit by way of orphan's pension.

26. Where but for this article, death benefit by way of widow's pension or widower's pension or parent's pension at the weeklyrate of ninety-five shillings would be payable to a person in respect of any period and any one of the following would also be payable to or in respect of that person in respect of the same period—

(a) old age (contributory) pension,

(b) increase of old age (contributory) pension,

(c) pension (other than a pension payable to a blind person as such) under the Old Age Pensions Acts,

(d) widow's (contributory) pension,

(e) widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts,

(f) benefit under sub-section (3) of section 26 of the Act,

no pension, increase of pension or benefit as specified at (a) to (f) above shall be payable to or in respect of that person in respect of that period other than an increase of the specified pension or benefit to which that person is entitled in respect of an adult dependant or a qualified child where death benefit by way of parent's pension is payable.

27. Where injury benefit, unemployability supplement, or death benefit by way of widow's pension, widower's pension or parent's pension at the weekly rate of ninety-five shillings, and unemployment assistance would, but for this article, be payable to a person in respect of any period, the unemployment assistance shall not be paid for that period.".

GIVEN under my Official Seal this 28th day of April, 1967.

JOSEPH BRENNAN,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare (Occupational Injuries) Act, 1966 , added the following to the list of benefits provided under the Social Welfare Acts, 1952 to 1966 : — injury benefit, disablement benefit with increases which include unemployability supplement and death benefitwhich includes pensions for widows, widowers, parents and orphans. A recipient of Workmen's Compensation may also qualify for unemployability supplement. The Social Welfare Act, 1952 , includes provision for regulations to deal with cases in which more than one benefit, or benefit and any pension, assistance or allowance under the Old Age Pensions Acts, Unemployment Assistance Acts or Widows' and Orphans' Pensions Acts would otherwise be paid to a person at the one time. These regulatory powers also cover duplicate payments in respect of dependants.

These Regulations amend and extend the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1966, to embrace the new benefits introduced by the Social Welfare (Occupational Injuries) Act, 1966 . They provide, inter alia, that a person entitled to payment of injury benefit shall not at the same time be paid disability benefit or maternity allowance ; that unemployability supplement shall not be paid concurrently with disability benefit, maternity allowance, unemployment benefit or assistance or old age pension (contributory or non-contributory) other than a non-contributory old age pension payable to a blind person as such ; and that a person entitled to death benefit by way of a widow's pension, a widower's pension or a parent's pension at the 95/- rate shall not be paid a widow's or old age pension (contributory or non-contributory), unemployment assistance or benefit as the surviving dependant of a deceased old age (contributory) pensioner. The Regulations also provide that only one increase of benefit (including benefit under the Social Welfare (Occupational Injuries) Act, 1966 ) or pension, assistance or allowance may be paid at the same time in respect of the same adult or child dependant. In addition, provision is made that death benefit by way of orphan's pension cannot be paid in conjunction with an orphan's pension or allowance under the Social Welfare Acts or Widows' and Orphans' Pensions Acts, or an increase of any benefit, pension, assistance or allowance for the same child.

In conformity with provisions made for widow pensioners in the previous regulations, it is provided that the rate of disability or unemployment benefit payable to a person in receipt of death benefit by way of a widow's pension, widower's pension or a parent's pension at the 95/- rate, shall be reduced by half, and that the rate of unemployability supplement shall be similarly reduced if payable to such pensioner or to a widow in receipt of a contributory or noncontributory widow's pension, with special adjustment where the contributory or non-contributory widow's pension is at a reduced rate.

Where a person receives unemployment assistance or home assistance while awaiting payment of arrears of death benefit by way of pension, the pension may be reduced by the amount of the assistancewhich would not have been paid if the pension had been paid earlier and this amount paid to the Exchequer or the Public Assistance Authority.

Provision is also made for the amendment of the provisions of the Overlapping Benefit Regulations by which payment of disability benefit is suspended in the case of beneficiaries in hospital to enable payment to be made in respect of periods in hospital on or after the 1st May, 1967. As from that date also the provisions debarring the concurrent receipt of disability benefit and workmen's compensation (except to the extent the rate of benefit exceeds the rate of compensation) is revoked.