S.I. No. 188/1990 - Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1990.

S.I. No. 188 of 1990.

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1990.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 19 , 30 , 42 , 43 , 46 and 84 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by sections 79, 93 and 101 of that Act (as amended by section 30 of the Social Welfare Act, 1988 (No. 7 of 1988)), hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1990.

2. In these Regulations—

"the Regulations of 1988" means the Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988 ( S.I. No. 263 of 1988 ),

"the Regulations of 1989" means the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1989 ( S.I. No. 188 of 1989 ).

PART I ALTERATION IN REDUCED RATES OF DISABILITY BENEFIT AND UNEMPLOYMENT BENEFIT

3. This part shall come into operation on the 23th day of July, 1990 as respects disability benefit and on the 19th day of July, 1990 as respects unemployment benefit.

4. The Social Welfare (Disability, Unemployment and Marriage Benefit) Regulations, 1953 ( S.I. No. 7 of 1953 ) are hereby amended by the substitution for the First Schedule thereto (inserted by article 3 of the Regulations of 1989) of the following Schedule:—

Article 4

"FIRST SCHEDULE

Reduced Rates of Disability Benefit and Unemployment Benefit where Contribution Conditions are Partially Satisfied

Number of qualifying contributions or credited contributions in respect of the relevant contribution year	Reduced rate at which benefit is payable
(1)	(2)
Where the period of interruption of employment commenced before 6 April 1987—
26 to 47	£46.20
Where the period of interruption of employment commence on or after 6 April 1987—
39 to 47	£46.20

PART II INCREASED RATES OF BENEFITS AND PENSIONS UNDER THE OCCUPATIONAL INJURIES SCHEME

5. This part shall come into operation on the 23rd day of July, 1990.

6. The Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) are hereby amended—

( a ) by the substitution for the Second Schedule thereto (inserted by article 6 of the Regulations of 1989) of the Schedule set out in Schedule A to this Part, subject in respect of the Scale set out in the said Second Schedule (as amended by these Regulations), to the following provisions:—

(i) the rates of pension specified in column (3) of the Scale shall have effect on and from the 23rd day of July, 1990 whether the period taken into account by the assessment began on, before or after that date, and,

(ii) the amounts of gratuity specified in column (2) of the Scale shall be payable only where the period taken into account by the assessment of the degree of disablement began on, or after the 23rd day of July, 1990,

( b ) by the substitution for the Fourth Schedule thereto (inserted by article 6 of the Regulations of 1989) of the Schedule set out in Schedule B to this Part.

PART III ALTERATION IN REDUCED WEEKLY RATES OF OLD AGE (CONTRIBUTORY) PENSION, RETIREMENT PENSION, WIDOW'S (CONTRIBUTORY) PENSION AND DESERTED WIFE'S BENEFIT

7. Articles 8 and 9 of these Regulations shall come into operation on the 27th day of July, 1990 and articles 10 and 11 of these Regulations shall come into operation on the 26th day of July, 1990.

8. The Social Welfare (Old Age (Contributory) Pension) Regulations, 1960 ( S.I. No. 274 of 1960 ) are hereby amended by the substitution of the Schedule thereto (inserted by article 9 of the Regulations of 1989) of the following Schedule:—

Article 3

"SCHEDULE

Reduced Rates of Old Age (Contributory) Pensions where Contribution Conditions are Partially Satisfied.

Average number of contributions paid or credited per contribution year in the relevant period.	Weekly rate
	£
36 to 47	60.00
24 to 35	58.00
20 to 23	56.70

9. The Social Welfare (Widows' and Orphans' (Contributory) Pensions) Regulations, 1966 ( S.I. No. 235 of 1966 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 10 of the Regulations of 1989) of the following Schedule:—

Article 4

"SCHEDULE

Reduced Rates of Widow's (Contributory) Pensions where Contribution Conditions are Partially Satisfied.

Average number of contributions paid or credited per contribution year in the relevant period	Weekly Rate
	£
36 to 47	55.00
24 to 35	53.50

10. The Social Welfare (Retirement Pension) Regulations, 1970 ( S.I. No. 225 of 1970 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 11 of the Regulations of 1989) of the following Schedule:—

Article 4

"SCHEDULE

Reduced Rates of Retirement Pensions where Contribution Conditions are Partially Satisfied.

Average number of contributions paid or credited per contribution year in the relevant period.	Weekly Rate
	£
36 to 47	60.00
24 to 35	58.00

11. The Social Welfare (Deserted Wife's Benefit) Regulations 1973 ( S.I. No. 202 of 1973 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 12 of the Regulations of 1989) of the following Schedule—

Article 4

"SCHEDULE

Reduced Rates of Deserted Wife's Benefit where Contribution Conditions are Partially Satisfied.

Average number of contributions paid or credited per contribution year in the relevant period	Weekly Rate
	£
36 to 47	55.00
24 to 35	53.50

PART IV ALTERATION IN REDUCED WEEKLY RATES OF OLD AGE (CONTRIBUTORY) PENSION, WIDOW'S (CONTRIBUTORY) PENSION AND DESERTED WIFE'S BENEFIT FOR CERTAIN PERSONS.

12. Article 13 of these Regulations shall come into operation on the 27th day of July, 1990.

13. The Regulations of 1988 are hereby amended by—

( a ) the insertion after "the said Schedule" in paragraph (b) of article 4 of ", increased by the amount set out in the third column of the said Schedule where the beneficiary has attained the age of 80 years",

( b ) the substitution for Schedule A thereto (inserted by article 15 of the Regulations of 1989) of the following Schedule:—

Article 4

"SCHEDULE A

Average number of contributions paid or credited per contribution year in the relevant period	Weekly Rate	Increase where the person has attained the age of 80 years
(1)	(2)	(3)
	£	£
15 to 19	42.50	3.00
10 to 14	28.40	2.00
5 to 9	14.20	1.00

14. Article 15 of these Regulations shall come into operation on the 27th day of July, 1990 as respects widow's (contributory) pension and on the 26th day of July, 1990 as respects deserted wife's benefit.

15. The Regulations of 1988 are hereby amended by—

( a ) the insertion after "the said Schedule" in paragraph (b) of article 5 and in paragraph (b) of article 6 of ", increased by the amount set out in the third column of the said Schedule where the beneficiary has attained the age of 80 years",

( b ) the substitution for Schedule B thereto (inserted by article 16 of the Regulations of 1989) of the following Schedule:—

Articles 5 and 6

"SCHEDULE B

Average number of contributions paid or credited per contribution year in the relevant period	Weekly Rate	Increase where the person has attained the age of 80 years
(1)	(2)	(3)
	£	£
18 to 23	40.00	2.50
12 to 17	26.50	2.00
5 to 11	13.30	1.00

GIVEN under the Official Seal of the Minister for Social Welfare

this 18th day of July, 1990.

MICHAEL WOODS,

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 18th day of July, 1990.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

Part I—Provides for increases in the existing scale of reduced rates of disability benefit and unemployment benefit payable where the contribution condition for receipt of the maximum rate of benefit is not satisfied. The new rates are payable from 23rd July, 1990 for disability benefit and from 19th July, 1990 for unemployment benefit.

Part II—Provides for increased benefit rates, under the occupational injuries scheme:

—in the amounts of disablement gratuities appropriate to degrees of disablement assessed at 19% or under,

—in respect of disablement pension in lieu of such gratuities,

—in respect of injury benefit payable to persons under the age of sixteen,

—in respect of certain constant attendance allowances.

The new rates are payable from 23rd July, 1990.

Part III— Provides for increases in the existing scales of reduced rates of old age (contributory) pensions, widows' (contributory) pensions, retirement pensions and deserted wife's benefit where the contribution conditions for receipt of the maximum rates are not satisfied. These increases take effect from 27th July, 1990 in the case of old age contributory and widows' contributory pensions and from 26th July, 1990 in the case of retirement pensions and deserted wife's benefit.

Part IV— Provides for an increase from 27th July, 1990 in the reduced rates of old age (contributory) pension payable to certain persons who came back into full rate insurance on the abolition of the earnings limit for liability for social insurance contributions in April, 1974 but who did not have a sufficient record of contributions to entitle them to a pension. Increases are also payable from 27th July, 1990 to widows who qualify for contributory pension on this basis and similarly to deserted wives from 26th July, 1990.

SCHEDULE A

"SECOND SCHEDULE

Articles 6 and 7

Scale of Disablement Gratuities and of Weekly Rates of Pension in Lieu of Disablement Gratuities

Degree of Disablement	Amount of Gratuity	Weekly Rate of Pension
(1)	(2)	(3)
Per Cent	£	£
1	506	0.75
2	759	1.45
3	1,012	2.20
4	1,265	2.90
5	1,518	3.65
6	1,771	4.35
7	2,024	5.10
8	2,277	5.80
9	2,530	6.55
10	2,783	7.25
11	3,036	8.00
12	3,289	8.70
13	3,542	9.45
14	3,795	10.15
15	4,048	10.90
16	4,301	11.60
17	4,554	12.35
18	4,807	13.05
19	5,060	13.80

SCHEDULE B

Article 4

"FOURTH SCHEDULE

PART I

Weekly Rates of Injury Benefit payable to persons under the age of sixteen years.

	Weekly rate
(1)	(2)
	£
( a ) Where the relevant employment or (if more than one) the relevant employments were, or amounted in the aggregate to, full-time employment or substantially full-time employment ... ... ... ...	64.80
( b ) In any other case ... ... ... ... ...	23.40

Article 9

PART II

Increases of Disablement Pension where the beneficiary requires constant attendance.

	Weekly rate
(1)	(2)
	£
(a) Increase where the beneficiary (not being a person included in (b) or (c) following) is to a substantial extent dependent on such attendance for the necessities of life and is likely to remain so dependent for life or for a period of not less than six months—
(i) Where the attendance required is whole-time	29.40
(ii) Where the attendance required is part-time only	14.70
(b) Increase where the extent of such attendance required is greater by reason of the beneficiary's exceptionally severe disablement ... ... ... ... ...	44.10
(c) Increase where the beneficiary is so exceptionally severely disabled as to be entirely or almost entirely or almost dependent on such attendance for the necessities of life and is likely to remain so for life or for a period of not less than six months and the attendance so required is whole-time ... ... ... ...	58.80