S.I. No. 78/1974 - Social Welfare (Administration of Pay-Related Benefit) Regulations, 1974.

S.I. No. 78 of 1974.

SOCIAL WELFARE (ADMINISTRATION OF PAY-RELATED BENEFIT) REGULATIONS, 1974.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 13 , 29 , 31 , 32 , 47 , 48 and 75 of the Social Welfare Act, 1952 (No. 11 of 1952 ), by section 1 of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966) and by sections 8 and 15 of the Social Welfare (Pay-Related Benefit) Act, 1973 (No. 2 of 1973) hereby makes the following Regulations:—

1 Citation and Commencement.

1. These Regulations may be cited as the Social Welfare (Administration of Pay-Related Benefit) Regulations, 1974, and shall come into operation on the 8th day of April, 1974.

2 Interpretation.

2. References in these Regulations to any enactment or regulations shall include a reference to such enactment or regulations as amended or extended by any subsequent enactment, order, or regulations.

3 Provisions relating to time and manner of payment of benefit.

3. The references to disability benefit, unemployment benefit, maternity benefit and injury benefit in article 7 of the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ) shall be construed as including references to any pay-related benefit payable with disability benefit, unemployment benefit, maternity allowance or injury benefit, as the case may be.

4 Provisions relating to exception from disqualification, suspension of payment and effects of retrospective decisions.

4. (1) The references to disability benefit and unemployment benefit in articles 5, 6 and 7 of the Social Welfare (General Benefit) Regulations, 1953 ( S.I. No. 16 of 1953 ) shall be construed as including references to any pay-related benefit payable with disability benefit or unemployment benefit, as the case may be.

(2) The references to injury benefit in articles 12 and 13 of the Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) shall be construed as including references to any Pay-Related benefit payable with injury benefit.

5 Provisions relating to exception from disqualification for and suspension of benefit in cases of absence from the State.

5. The references in sub-articles (1) (a), (1) (b), (1) (c) and (3) (a) of article 4 of the Social Welfare (Absence from the State) Regulations, 1967 ( S.I. No. 97 of 1967 ) to disability benefit, maternity allowance, unemployment benefit and injury benefit shall be construed as including references to any pay-related benefit payable with disability benefit, maternity allowance, unemployment benefit or injury benefit, as the case may be.

6 Provisions to prevent overlapping of benefit.

6. The references in article 28 of the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ) to unemployment benefit, disability benefit, maternity allowance and injury benefit shall be construed as including references to any pay-related benefit payable with unemployment benefit, disability benefit, maternity allowance or injury benefit, as the case may be.

7 Estimation of amount of reckonable earnings by Deciding Officer or Appeals Officer.

7. (1) In any case where it is not possible to ascertain the reckonable earnings of an employed contributor in an income tax year either from the Collector or from the employer or employers of the employed contributor, the Deciding Officer or Appeals Officer as the case may be shall to the best of his information and judgment calculate or estimate the amount of the reckonable earnings of the employed contributor in the income tax year in question.

(2) In this article "the Collector" means the Collector-General appointed under section 162 of the Income Tax Act, 1967 (No. 6 of 1967).

GIVEN under the Official Seal of the Minister for Social Welfare

this 22nd day of March, 1974.

BRENDAN CORISH,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this

22nd day of March, 1974.

RICHIE RYAN,

Minister for Finance.

EXPLANATORY NOTE.

Pay-related benefit, a new benefit under the Social Welfare Acts, will be payable from 8th April, 1974. These Regulations provide for the application to pay-related benefit of existing Regulations in relation to time and manner of payment of benefit, exceptions from disqualification for and suspension of payment, absence from the State and overlapping of benefit. Provision is also made for the reckonable earnings of an employed contributor in an income tax year to be estimated where the actual amount of reckonable earnings cannot be ascertained.