S.I. No. 233/1994 - Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1994.


S.I. No. 233 of 1994.

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1994.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 4 , 53 , 54 , 57 , 84 , 89 and 101 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) hereby makes the following Regulations:—

PART I General

1. These Regulations may be cited as the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1994.

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 1993" means the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1993 ( S.I. No. 231 of 1993 ).

PART II Increased Rates of Benefits and Pensions under the Occupational Injuries Scheme

3. This Part shall come into operation on the 25th day of July, 1994.

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

(a) the substitution for the Second Schedule thereto (inserted by article 4 of the Regulations of 1993) 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 25th day of July, 1994 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 25th day of July, 1994,

(b) the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 1993) of the Schedule set out in Schedule B to this Part.

Articles 6 and 7

SCHEDULE A

"SECOND SCHEDULE

Scale of Disablement Gratuities and the 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

583

0.83

2

875

1.67

3

1,166

2.50

4

1,458

3.34

5

1,749

4.17

6

2,041

5.01

7

2,332

5.84

8

2,624

6.68

9

2,915

7.51

10

3,207

8.35

11

3,498

9.18

12

3,790

10.02

13

4,081

10.85

14

4,373

11.69

15

4,664

12.52

16

4,956

13.36

17

5,247

14.19

18

5,539

15.03

19

5,830

15.86

".

Article 4

SCHEDULE B

"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 ... ... ... ...

61.00

(b) In any other case ... ... ... ... ...

29.70

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 ...

33.90

(ii) Where the attendance required is part-time only ...

16.95

(b) Increase where the extent of such attendance required is greater by reason of the beneficiary's exceptionally severe disablement ... ... ... ... ...

50.85

(c) Increase where the beneficiary is so exceptionally severely disabled as to be entirely or almost entirely 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 ... ... ... ... ... ...

67.80

".

PART III

Alteration in Reduced Weekly Rates of Old Age (Contributory) Pension, Retirement Pension and Widow's (Contributory) Pension

5. (1) The Social Welfare (Old Age (Contributory) Pension) Regulations, 1960 ( S.I. No. 274 of 1960 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 5 of the Regulations of 1993) of the following Schedule:—

Article 3

SCHEDULE

"SCHEDULE

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

Yearly Average

Weekly Rate

(1)

(2)

£

36 to 47

69.20

24 to 35

66.80

20 to 23

65.40

".

(2) This article shall come into operation on the 29th day of July, 1994.

6. (1) 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 6 of the Regulations of 1993) of the following Schedule:—

Article 4

SCHEDULE

"SCHEDULE

Reduced Rates of Retirement Pension where Contribution Conditions are Partially Satisfied

Yearly Average

Weekly Rate

(1)

(2)

£

36 to 47

69.20

24 to 35

66.80

".

(2) This article shall come into operation on the 28th day of July, 1994.

7. (1) 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 7 of the Regulations of 1993) of the following Schedule:—

SCHEDULE

Article 4

"SCHEDULE

Reduced Rates of Widow's (Contributory) Pension 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

63.40

24 to 35

61.60

(2) This article shall come into operation on the 29th day of July, 1994.

PART IV.

Alteration in Reduced Weekly Rates of Old Age (Contributory) Pension and Widow's (Contributory) Pension for Certain Persons.

8. (1) The Regulations of 1988 are hereby amended by the substitution for Schedule A thereto (inserted by article 8 of the Regulations of 1993) of the following Schedule:—

SCHEDULE

Article 4

"SCHEDULE A

Average number of contributions paid or credited per contribution year in the relevant period.

Weekly Rate.

(1)

(2)

£

15 to 19

49.00

10 to 14

32.80

5 to 9

16.40

".

(2) This article shall come into operation on the 29th day of July, 1994.

9. (1) The Regulations of 1988 are hereby amended by the substitution for Schedule B thereto (inserted by article 9 of the Regulations of 1993) of the following Schedule:—

SCHEDULE

Article 5

"SCHEDULE B

Average number of contributions paid or credited per contribution year in the relevant period.

Weekly Rate.

(1)

(2)

£

18 to 23

46.10

12 to 17

30.60

5 to 11

15.30

".

(2) This article shall come into operation on the 29th day of July, 1994.

GIVEN under the Official Seal of the Minister for Social Welfare, this 21st day of July, 1994.

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 21st day of July, 1994.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

The Social Welfare Act, 1994 provided for increases in the maximum rates of social insurance payments arising from the 1994 Budget, with effect from the end of July, 1994. These Regulations provide for increases in the reduced rates of various social insurance payments from the end of July, 1994.

Part II.

Part II of the Regulations provides for increases in the rates of benefit payable under the Occupational Injuries Benefits scheme—

—in respect of disablement gratuities appropriate to degrees of disablement assessed at 19 per cent or under,

—in respect of Disablement Pension payable in lieu of such gratuities,

—in respect of Injury Benefit payable to persons under the age of sixteen, and

—in respect of certain Constant Attendance Allowances.

Part III.

Part III of the Regulations provides for increases in the reduced rates of Old Age (Contributory) Pension, Widow's (Contributory) Pension and Retirement Pension where the contribution conditions for receipt of the maximum rates are not satisfied.

Part IV.

Part IV of the Regulations provides for increases in the reduced rates of Old Age (Contributory) Pension and Widow's (Contributory) Pension payable to certain people who came back into insurance on the abolition of the earnings limit for liability for social insurance contributions in April, 1974, but who did not have sufficient contributions paid to entitle them to maximum rate pensions.