S.I. No. 145/2004 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Overlapping Payments) Regulations, 2004

The Minister for Social and Family Affairs in exercise of the powers conferred on her by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act 2002 (No. 8 of 2002) and 209 (as amended by section 14 of the Social Welfare Act 2000 (No. 4 of 2000) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

Citation and construction.

1.  (1)  These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Overlapping Payments) Regulations, 2004.

(2)  These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2004 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2004.

Definition.

2.  In these Regulations—

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

Commencement.

3.  These Regulations come into operation on 8 April 2004.

Payment of disability, unemployment benefit etc. to recipients of certain payments.

4.  The Principal Regulations are amended by substituting the following for article 127:

Payment of benefit to recipients of certain payments.

127.  (1)  Notwithstanding section 209 (1) or (2), where in respect of any period a person is in receipt of a payment specified in sub-article (5) and is also entitled to disability benefit, maternity benefit, health and safety benefit, adoptive benefit, unemployment benefit, injury benefit or unemployability supplement in respect of any day in the same period such disability benefit, maternity benefit, health and safety benefit, adoptive benefit, unemployment benefit, injury benefit or unemployability supplement shall, subject to sub-article (2) be reduced by half:

Provided that no increase shall be paid in such benefit in respect of a qualified child or in the case of unemployability supplement no increase by virtue of section 55 (4) shall be payable, and in no case shall disability benefit or unemployability supplement be paid to a person who is in receipt of a payment specified in sub-article (5) for any day in excess of 390 days in any period of interruption of employment.

(2)  Where, in respect of any period, a person is in receipt of—

(a) widow's (contributory) pension, widower's (contributory) pension or deserted wife's benefit at a rate less than that specified in Part I of the Second Schedule to the Principal Act, or

(b) any pension or allowance specified in paragraphs (c) to (e) of sub-article (5) at a reduced rate by reason of means,

and she is also entitled to disability benefit, maternity benefit, health and safety benefit, adoptive benefit, unemployment benefit, injury benefit or unemployability supplement, both such payments may be paid to that person in respect of that period:

Provided that the amount payable to that person by way of such disability benefit, maternity benefit, health and safety benefit, adoptive benefit, unemployment benefit or injury benefit (including any increase in respect of a qualified child) or by way of unemployability supplement (including an increase payable in respect of a qualified child by virtue of section 55 (4)) shall not exceed the aggregate of—

(i)     the difference between the amount of such reduced pension, benefit or allowance specified in paragraph (a) or (b) and the maximum scheduled rate of such pension, benefit or allowance, appropriate to the family size, and

(ii)    one half of the rate of disability benefit, maternity benefit, health and safety benefit, adoptive benefit, unemployment benefit, injury benefit (exclusive of any increase in respect of a qualified child) or unemployability supplement (exclusive of any increase payable in respect of a qualified child by virtue of section 55 (4)), as the case may be,

and in no case shall the amount of disability benefit, maternity benefit, health and safety benefit, adoptive benefit, unemployment benefit, injury benefit or unemployability supplement so payable exceed the rate of such benefit, allowance or supplement appropriate to the family size, as set out in Part I of the Second Schedule to the Principal Act.

(3)  In sub-article (2) “scheduled rate” means the rate of widow's (contributory) pension, widower's (contributory) pension, or deserted wife's benefit appropriate to the family size, as set out in Part I of the Second Schedule to the Principal Act, or the rate of widow's and widower's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance or one-parent family payment appropriate to the family size, as set out in Part I of the Fourth Schedule to the Principal Act, as the case may be.

(4)  Where, in respect of any period, a person who is in receipt of a payment specified in sub-article (5) is also in receipt of a blind pension, then disability benefit, maternity benefit, health and safety benefit, adoptive benefit, unemployment benefit, injury benefit or unemployability supplement shall not be payable to that person in respect of the same period.

(5)  The following payments are hereby specified for the purposes of this article:

(a) death benefit by way of widow's pension, widower's pension or parent's pension,

(b) widow's (contributory) pension or widower's (contributory) pension,

(c) a relevant payment by virtue of section 18 (1)(a), (b) or (c) of the Social Welfare Act, 1996 ,

(d) widow's (non-contributory) pension or widower's (non-contributory) pension, or

(e) one-parent family payment.

(6)  Where, on the 5th day of April, 1990, a person who was in receipt of a payment specified in sub-article (5) was also in receipt of disability benefit or unemployability supplement by virtue of sub-article (1B) of article 4 of the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ) (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1987 ( S.I. No. 344 of 1987 )), that person shall, notwithstanding sub-article (1) continue to be entitled to such benefit or supplement until the end of the period of incapacity for work.”.

Revocation.

5.  The Social Welfare (Consolidated Payments Provisions) (Amendment) (Overlapping Payments) Regulations, 2004 (S.I. 17 of 2004) are hereby revoked.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the restoration of the entitlement to half-rate Disability Benefit, Injury Benefit, Unemployment Benefit, Unemployability Supplement, Maternity Benefit, Adoptive Benefit or Health and Safety Benefit which was payable to recipients of Widow/ers Pension and One-Parent Family Payment prior to the 19 January 2004.