S.I. No. 143/1996 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations, 1996.

S.I. No. 143 of 1996.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 3) REGULATIONS, 1996.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 4 (as amended by section 37 of the Social Welfare Act, 1996 (No. 7 of 1996)), 84 (as amended by section 26 of the Social Welfare Act, 1996 ), 89 (as amended by section 26 of the Social Welfare Act, 1996 ), 102 (as amended by section 27 of the Social Welfare Act, 1996 ), 205, 206 (as amended by section 35 of the Social Welfare Act, 1996 ), 207 (as amended by section 27 of the Social Welfare Act, 1996 ) and 209 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rule 1(4) (hh) (inserted by section 37 of the Social Welfare Act, 1996 ) of Part II of the Third Schedule to that Act, hereby makes the following Regulations:

1 Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations, 1996.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996.

2 Interpretation.

2. In these Regulations —

"the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 );

"the Regulations of 1995" means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) Regulations, 1995 ( S.I. No. 242 of 1995 ).

3 Entitlement to pro-rata old age (contributory) pension.

3. The Principal Regulations are hereby amended by the substitution for article 39 of the old following article:

"39. In the case of a relevant person who —

( a ) would, but for the fact that the contribution condition set out in section 84(1) (c) is not satisfied, be entitled to old age (contributory) pension,

( b ) is not entitled to pension under article 38,

( c ) is not in receipt of an old age (contributory) pension by virtue of article 41, Regulation (EEC) 1408/71 of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 238, and

( d ) had periods in which he had been —

(i) employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in article 5(2) (a), 6 (2) (a) or 7 (2) (a) of the Social Welfare (Modifications of Insurance) Regulations, 1991 to 1996, were paid, and

(ii) an employed contributor, or a self-employed contributor or a voluntary contributor in respect of whom—

(I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, have been paid in respect of or credited to him, or

(II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, have been paid in respect of him,

since —

(A) the 5th day of January, 1953, as respects a man,

(B) the 6th day of July, 1953, as respect a woman, or

(C) his date of entry into insurance,

whichever is the later,

he shall be entitled to an old age (contributory) pension at the rate calculated in accordance with article 40.".

4 Entitlement to pro-rata retirement pension.

4. The Principal Regulations are hereby amended by the substitution for article 48 of the following article:

"48. In the case of a relevant person who—

( a ) would, but for the fact that the contribution condition set out in section 89(1) (c) is not satisfied, be entitled to retirement pension,

( b ) is not entitled to pension under article 47,

( c ) is not in receipt of a retirement pension by virtue of Regulation (EEC) 1408/71 of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 238, and

( d ) had periods in which he had been —

(i) employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in article 5(2) (a), 6(2) (a) or 7(2) (a) of the Social Welfare (Modifications of Insurance) Regulations, 1991 to 1996, were paid, and

(ii) an employed contributor, or a voluntary contributor in respect of whom —

(I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to retirement pension, have been paid in respect of or credited to him, or

(II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to retirement pension, have been paid in respect of him,

since —

(A) the 5th day of January, 1953, as respects a man,

(B) the 6th day of July, 1953, as respect a woman, or

(C) his date of entry into insurance,

whichever is the later,

he shall be entitled to a retirement pension at the rate calculated in accordance with article 49.".

5 Widow's and widower's (contributory) pension.

5. The Principal Regulations are hereby amended by —

(a) the insertion in article 55 after the definition of "existing pension contributor" of the following definition:

"'pension' means a widow's (contributory) pension in the case of a widow and a widower's (contributory) pension in the case of a widower;",

(b) the substitution in articles 56(1), 56(2), 57(1), 58(1), 58(2) (a) and 59 of "pension" for "survivor's pension" in each place where those words occur,

(c) the substitution in articles 102(c), 104 (a) and 110(1) of "widow's (contributory) pension, widower's (contributory) pension" for "survivor's pension" in each place where those words occur,

(d) the substitution in article 116(1) (f), 126(3) (g) and 127(5) (b) of "widow's (contributory) pension or widower's (contributory) pension" for "survivor's pension", and

(e) the substitution in articles 127 (2) (a) and 127(3) of "widow's (contributory) pension, widower's (contributory) pension" for "survivor's pension" in each place where those words occur.

6 Miscellaneous provisions for the assessment of means.

6. The Principal Regulations are hereby amended by the insertion after article 89A (inserted by article 4 of the Regulations of 1995) of the following article:

"Earnings disregard-blind pension.

89B. In assessing the means of a person for the purposes of blind pension, the amount to be disregarded in respect of earnings received by that person from employment of a rehabilitative nature shall be the first £34.10 of such weekly earnings.".

GIVEN under the Official Seal of the Minister for Social Welfare

this 17th day of May, 1996.

PROINSIAS DE ROSSA

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

17th day of May, 1996.

RUAIRI QUINN

Minister for Finance

EXPLANATORY NOTE

These Regulations amend existing regulatory provisions so as to enable a person who has a mixed insurance record, that is periods of full and modified rate insurance, to qualify for a Pro-Rata Mixed Insurance Old Age (Contributory) or Retirement Pension where the rate of such pension is higher than the rate of other pension entitlements.

In addition, the Regulations provide for a number of consequential changes to existing provisions following on the the provisions of section 27 of the Social Welfare Act, 1996 which renames Survivor's Pension as Widow's or Widower's (Contributory) Pension.

The Regulations also provide that in assessing means for Blind Pension, the first £34.10 per week of earnings from employment of a rehabilitative nature will be disregarded.