S.I. No. 190/1967 - Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1967.


S.I. No. 190 of 1967.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) (No. 2) 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) (No. 2) Regulations, 1967.

(2) These Regulations shall be included in the expression "the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1967".

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

3. Sub-article (5) of article 4 of the Principal Regulations as amended by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1966 ( S.I. No. 247 of 1966 ) is hereby deleted and the following sub-article is substituted therefor—

"(5) 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 (1) and, as appropriate, sub-articles (2) or (3) of this article shall not apply, but if, in respect of that week, the total amount payable to her by way of such pension and disability benefit or unemployment benefit (including any increase under section 27 (1) of the Act) would exceed the amount which would be payable if the pension were not reduced and sub-article (1) and, as appropriate, sub-articles (2) or (3) applied, the benefit shall be reduced by the amount of the excess."

4. Sub-article (8) of article 4 of the Principal Regulations, inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1966, is hereby revoked.

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

JOSEPH BRENNAN,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare (Miscellaneous Provisions) Act, 1967 , makes provision, inter alia, for increases in the rates of widows' (non-contributory) pension with effect as from the 4th August, 1967, and in the rates of unemployment and disability benefit with effect as from 1st January, 1968. These Regulations fix the manner for determining the rate of unemployment benefit or disability benefit payable to a widow who is in receipt of a contributory pension at a reduced rate or a non-contributory pension which is reduced in respect of means and, by virtue of them, appropriate increases in the combined rate payable by way of pension and disability or unemployment benefit to such widows may be made.