S.I. No. 221/1974 - Social Welfare (Prescribed Relative) (Amendment) (No. 2) Regulations, 1974.

S.I. No. 221 of 1974.

SOCIAL WELFARE (PRESCRIBED RELATIVE) (AMENDMENT) (NO. 2) REGULATIONS, 1974.

The Minister for Social Welfare in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952), section 26 (4) of the said Act (inserted by section 9 of the Social Welfare (Miscellaneous Provisions) Act, 1968 (No. 31 of 1968) as amended by section 15 of the Social Welfare (Miscellaneous Provisions) Act, 1969 (No. 19 of 1969), by section 8 (1) of the Social Welfare Act, 1972 (No. 15 of 1972) and by section 19 of the Social Welfare (No. 2) Act, 1974 (No. 14 of 1974) and section 77 (5) of the said Act (inserted by section 16 of the Social Welfare (Miscellaneous Provisions) Act, 1969 , as amended by section 11 (1) of the Social Welfare Act, 1972 ) (No. 15 of 1972) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (Prescribed Relative) (Amendment) (No. 2) Regulations, 1974.

(2) These Regulations shall be included in the expression "the Social Welfare (Prescribed Relative) Regulations, 1972 to 1974."

2. Article 6 of the Social Welfare (Prescribed Relative) Regulations, 1972 (No. 248 of 1972) is hereby amended by the substitution for sub-paragraph (iii) of paragraph (c) (as amended by article 2 of the Social Welfare (Prescribed Relative) (Amendment) Regulations, 1973 (No. 206 of 1973) of the following sub-paragraph—

"(iii) old age pension, widow's (non-contributory) pension, social assistance allowance under section 8 of the Social Welfare Act, 1973 , single woman's allowance under section 8 of the Social Welfare (No. 2) Act, 1974 , prisoner's wife's allowance under section 9 of the Social Welfare (No. 2) Act, 1974 , or deserted wife's allowance where such pension or allowance is or would be equal to or greater than the increase in respect of a prescribed relative.".

GIVEN under the Official Seal of the Minister for Social Welfare this 8th

day of July, 1974.

BRENDAN CORISH,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare (No. 2) Act, 1974 , makes provision, inter alia for payment of a social assistance allowance to (i) a single woman who has attained 58 years but has not attained pensionable age and (ii) a prisoner's wife, under pensionable age who, unless she has a qualified child, has attained age 40 and whose husband has been committed in custody to a prison or place of detention for six months or more. Article 6 of the Social Welfare (Prescribed Relative) Regulations, 1972, specifies the conditions to be fulfilled to enable an increase in pension to be paid to an incapacitated pensioner in respect of a prescribed relative who is providing the pensioner with full-time care and attention. The article also lists certain benefits, pensions, allowances and assistance, receipt of which by the relative debars the pensioner from entitlement to a prescribed relative allowance. The effect of this Regulation is to add the new social assistance allowance for single women and prisoners' wives (where the rate of such an allowance would be equal to or greater than the prescribed relative allowance) to that list.