S.I. No. 125/1996 - Social Welfare (Treatment Benefit) (Amendment) Regulations, 1996

S.I. No. 125 of 1996.

SOCIAL WELFARE (TREATMENT BENEFIT) (AMENDMENT) REGULATIONS, 1996

The Minister for Social Welfare, under the powers conferred on him by sections 4 (as amended by section 37 of the Social Welfare Act, 1996 (No. 7 of 1996)) and 117 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

1 Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Treatment Benefit) (Amendment) Regulations, 1996.

(2) These Regulations and the Social Welfare (Treatment Benefit) Regulations, 1954 to 1994, shall be construed together as one and may be cited together as the Social Welfare (Treatment Benefit) Regulations, 1954 to 1996.

2 Interpretation.

2. In these Regulations–

"the Principal Act" means the Social Welfare (Consolidation) Act, 1993 ;

"the Principal Regulations" means the Social Welfare (Treatment Benefit) Regulations, 1954 ( S.I. No. 156 of 1954 ).

3 Amendment of Article 10A of Principal Regulations.

3. Article 10A of the Principal Regulations is hereby amended by the substitution for sub-article (4) (substituted by article 4 of the Social Welfare (Treatment Benefit) (Amendment) Regulations, 1993 ( S.I. No. 84 of 1993 )) of the following sub-article:

"(4) The contribution condition contained in sub-article 1(b)(ii) and (1)(c)(ii) of this article requiring the claimant to have qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year shall not apply in the case of a person who is in receipt of –

(a) disability benefit under Chapter 7 of Part II of the Principal Act for a period of not less than 312 days in respect of any period of interruption of employment,

(b) retirement pension under Chapter 13 of Part II of the Principal Act,

(c) invalidity pension under Chapter 15 of Part II of the Principal Act,

(d) unemployment assistance under Chapter 2 of Part III of the Principal Act and is a person to whom section 121 (1) (a) (as amended by section 16 of the Social Welfare Act 1995 (No. 3 of 1995) of that Act applies,

(e) pre-retirement allowance under Chapter 3 of Part III of the Principal Act, or

(f) carer's allowance under Chapter 10 of Part III of the Principal Act.".

4 Amendment of article 10D of Principal regulations.

4. Article 10D (inserted by article 5 of the Social Welfare (Treatment Benefit) (Amendment) Regulations, 1992 ( S.I. No. 187 of 1992 )) of the Principal Regulations is hereby amended by the deletion of the words "aged 60 or over".

GIVEN under the Official Seal of the Minister for Social Welfare

this 13th day of May 1996.

PROINSIAS DE ROSSA

Minister for Social Welfare

EXPLANATORY NOTE

These Regulations extend to recipients of Carer's Allowance the exemption from the requirement of having to have 13 paid contributions in the governing contribution year in order to qualify for Treatment Benefit. In addition, the Regulations also provide that where an insured person dies and his or her dependent spouse was entitled to Treatment Benefit at the date of death, the spouse will retain entitlement for so long as he or she remains a widow or widower.