S.I. No. 224/1974 - Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1974.

S.I. No. 224 of 1974.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1974.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 32 and 75 of the Social Welfare Act, 1952 (No. 11 of 1952) and sections 8 and 9 of the Social Welfare (No. 2) Act, 1974 (No. 14 of 1974) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1974.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1973, shall be construed as one and may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1974.

2. In these Regulations—

"the Act"means the Social Welfare Act, 1952 ;

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

"the Act of 1970" means the Social Welfare Act, 1970 (No. 12 of 1970);

"the Act of 1973" means the Social Welfare Act, 1973 (No. 10 of 1973);

"the Act of 1974" means the Social Welfare (No. 2) Act, 1974 ;

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

"the Regulations of 1960" means the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1960 ( S.I. No. 278 of 1960 );

"the Regulations of 1965" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1965 ( S.I. No. 61 of 1965 );

"the Regulations of 1967" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1967 ( S.I. No. 91 of 1967 );

"the Regulations of 1969" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1969 ( S.I. No. 262 of 1969 );

"the Regulations of 1970" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1970 ( S.I. No. 221 of 1970 );

"the Regulations of 1971" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1971 ( S.I. No. 87 of 1971 );

"the Regulations of 1973" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1973 ( S.I. No. 237 of 1973 );

"widow's (contributory) pension" means a widow's (contributory) pension under the Act;

"widow's (non-contributory) pension" means a widow's (non-contributory) pension under the Widow's and Orphans' Pensions Acts, 1935 to 1974;

"unemployability supplement" means unemployability supplement as defined in section 1 of the Act of 1966;

"deserted wife's allowance" means a deserted wife's allowance under section 22 of the Act of 1970;

"deserted wife's benefit" means deserted wife's benefit under the Act, as inserted by section 17 of the Act of 1973;

"unmarried mother's allowance" means a social assistance allowance under section 8 of the Act of 1973;

"single women's allowance" means an allowance under section 8 of the Act of 1974;

"prisoner's wife's allowance" means an allowance under section 9 of the Act of 1974;

"child's (non-contributory) allowance" means a child's (non-contributory) allowance under the Widow's and Orphans' Pensions Acts, 1935 to 1974;

"an increase of pension under the Old Age Pensions Acts for an adult dependant" means an increase of such pension in respect of a wife or husband under subsection (2) (inserted by the Act of 1964) of section 77 of the Act;

"increase in respect of a qualified child or children" means, in relation to prisoner's, wife's allowance, so much of such allowance as would be payable to a woman in respect of a qualified child or children if the woman were a widow and the allowance a widow's (non-contributory) pension.

3. Sub-articles (1), (2), (3) and (4) of article 4 of the Principal Regulations (substituted by the Regulations of 1973) are hereby amended by—

( a ) (i) the insertion in sub-article (1) after paragraph ( f ) of the following:—

"or

(g) prisoner's wife's allowance";

(ii) the insertion in sub-article (1) after the words "or maternity allowance" of the words "or unemployability supplement (excluding any increase under section 11 of the Act of 1966)";

( b ) (i) the substitution in sub-article (2) for the words "specified at (a) to ( f )"of the words "specified at (a) to (g)";

(ii) the insertion in sub-article (2) before the words "shall not be payable "of the words "or an increase under section 11 (2) of the Act of 1966";

( c ) the substitution in sub-article (3) for the words "either of the allowances specified at (d), (e) or ( f )" of the words "any of the allowances specified at (d), (e), ( f ) or (g)";

( d ) the substitution in sub-article (4) for the words "specified at (a) to ( f )" of the words "specified at (a) to (g)";

4. Article 6A of the Principal Regulations (inserted by the Regulations of 1973) is hereby deleted and the following article substituted therefor:—

6A. (1) Where a woman is entitled to or in receipt of deserted wife's benefit, a deserted wife's allowance or prisoner's wife's allowance shall not, save as provided in sub-article (2) of this article, be payable to her.

(2) Where the weekly rate of deserted wife's allowance or prisoner's wife's allowance (including any increase for a qualified child or children) payable to a woman exceeds the rate of deserted wife's benefit (including any increase for a qualified child or children) either of the allowances may be paid.

(3) In any case in which a deserted wife's allowance or prisoner's wife's allowance is paid in accordance with sub-article (2) of this article entitlement to deserted wife's benefit (including any increase thereof that would otherwise be payable) shall continue but the amount of any such benefit shall not be paid to or in respect of the person, but shall be paid out of the Social Insurance Fund to the Exchequer.".

5. Article 10 of the Principal Regulations (inserted by the Regulations of 1960 and as amended by the Regulations of 1965, by the Regulation of 1967 and by the Regulations of 1973) is hereby further amended by the addition of the following paragraph:—

"(j) an increase of prisoner's wife's allowance".

6. Article 11 of the Principal Regulations (amended by the Regulations of 1967, by the Regulations of 1969, by the Regulations of 1970 and by the Regulations of 1973) is hereby further amended by the insertion before the words "an unmarried mother's allowance "of the words "a single woman's allowance, prisoner's wife's allowance,".

7. Article 12 (2) of the Principal Regulations (inserted by the Regulations of 1971 and amended by the Regulations of 1973) is hereby further amended by the insertion after paragraph (i) of the following paragraphs:—

"( j ) single woman's allowance

( k ) prisoner's wife's allowance or an increase thereof in respect of a qualified child or children ".

8. Article 23 of the Principal Regulations (inserted by the Regulations of 1967) is hereby amended by the insertion before the words "Unemployment Assistance Acts" of the words "Old Age Pensions Acts or".

9. Article 24 of the Principal Regulations (inserted by the Regulations of 1967 and amended by the Regulations of 1973) is hereby further amended by the insertion in sub-article (2) before the words "or unmarried mother's allowance" of the words, "prisoner's wife's allowance ".

10. Article 26 of the Principal Regulations (inserted by the Regulations of 1967 and amended by the Regulations of 1969, by the Regulations of 1970 and by the Regulations of 1973) is hereby further amended by the insertion after paragraph (i) of the following paragraphs:—

"( j ) single woman's allowance

( k ) prisoner's wife's allowance "

and by the substitution for the words "specified at (a) to (i)" of the words "specified at (a) to (k) ".

11. Article 28 of the Principal Regulations (substituted by the Regulations of 1971 and amended by the Regulations of 1973) is hereby further amended by:—

"( i ) the insertion in sub-article (1) following paragraph (r) of the following paragraphs:—

"( s ) single woman's allowance,

( t ) prisoner's wife's allowance",

(ii) the substitution in sub-article (1) for the words "specified at (a) to (r)" of the words "specified at (a) to (t),

(iii) the insertion in paragraph (m) of sub-article (1) after the words "Old Age Pensions Acts "of the words "or an increase thereof for an adult dependant ".

(iv) the insertion in sub-article (2) following paragraph (n) of the following paragraphs:—

"(o) single woman's allowance,

(p) prisoner's wife's allowance,

(q) increase of prisoner's wife's allowance in respect of a qualified child or children,

(r) increase of pension under the Old Age Pensions Acts for an adult dependant";

(v) the substitution in sub-article (2) for the words "specified at (a) to (n) "of the words "specified at (a) to (r) ".

12. Article 30 of the Principal Regulations (substituted by the Regulations of 1973) is hereby amended by the insertion before the words "deserted wife's allowance" of the words "single woman's allowance, prisoner's wife's allowance ".

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

"34. Where, but for this article, single woman's allowance would be payable to a woman in respect of any period and any of the following would also be payable to that person in respect of the same period—

(a) unmarried mother's allowance,

(b) disability benefit,

(c) unemployment benefit,

(d) unemployability supplement,

either single woman's allowance or the relevant allowance, benefit or supplement specified at (a) to (d) above shall be payable in respect of that period but not both.

35. Where a woman would, but for this article, be entitled in respect of any period to prisoner's wife's allowance and deserted wife's allowance, only one such allowance shall be payable.

36. Where an increase under section 26 of the Act is payable in respect of a woman having the care of one or more qualified children and that woman is, for the same period, also entitled to a single woman's allowance, only the single woman's allowance shall be payable.

37. Where, but for this article, an increase of disability benefit, old age contributory pension, invalidity or retirement pension under section 26 of the Act would be payable in respect of a person in respect of any period and prisoner's wife's allowance would also be payable to or in respect of that person for the same period, either the increase or the allowance shall be payable but not both.".

GIVEN under the Official Seal of the Minister for Social Welfare this 9th day

of July, 1974.

BRENDAN CORISH,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare (No. 2) Act, 1974 , provides, inter alia, for payment of allowances to certain single women and prisoners' wives and of an increase of old age (non-contributory) pension in respect of an adult dependant. The Social Welfare (Overlapping Benefits) Regulations, 1953 to 1973, which specify the payment to be made in cases where there is title to more than one payment, are amended and extended by these Regulations to embrace the three new schemes. Disability benefit, unemployment benefit, maternity allowance and unemployability supplement will be reduced where prisoner's wife's allowance is also payable. Prisoner's wife's allowance will not be payable concurrently with unemployment assistance, deserted wife's allowance or deserted wife's benefit or with an adult dependant's increase of disability benefit, old age (contributory) pension, invalidity pension or retirement pension. Single woman's allowance will not be payable concurrently with unmarried mother's allowance, disability benefit, unemployment benefit, unemployment assistance, unemployability supplement or an increase of pension or benefit in respect of an adult dependant. Provision is also made to preclude payment of an increase of old age (non-contributory) pension in respect of an adult dependant concurrently with a similar increase of other pensions or benefits. Retirement pension, invalidity pension, as well as certain pensions under the Occupational Injuries Act, will not be payable concurrently with payment under any of the three new schemes. Provision is made for deduction from arrears of single woman's allowance and prisoner's wife's allowance of home assistance or unemployment assistance paid while a decision on a claim to the former is awaited.