S.I. No. 225/1970 - Social Welfare (Retirement Pension) Regulations, 1970.


S.I. No. 225 of 1970.

SOCIAL WELFARE (RETIREMENT PENSION) REGULATIONS, 1970.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952), section 25D of the said Act (inserted therein by section 7 of the Social Welfare Act, 1970 (No. 12 of 1970)) and section 28B of the said Act (inserted therein by section 10 of the Social Welfare Act, 1970 ), hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Retirement Pension) Regulations, 1970.

2. In these Regulations—

" the Act of 1952 " means the Social Welfare Act, 1952 ;

" the Acts " means the Social Welfare Acts, 1952 to 1970;

" pension " means retirement pension;

" relevant period " means the period over which the yearly average of contributions is calculated for retirement pension purposes in accordance with paragraph (c) of paragraph 9 (added thereto by section 18 of the Social Welfare Act, 1970 ) of the Fourth Schedule to the Act of 1952;

" section 25D " means section 25D of the Act of 1952 (inserted therein by section 7 of the Social Welfare Act, 1970 ).

3. For the purposes of section 25D, a period of retirement in relation to a person shall be—

(i) where the person has attained the age of 65 years and has not yet attained the age of 70 years any period subsequent to his retirement from—

( a ) employment which is insurable employment under the Acts (other than employment which is insurable only for Occupational Injuries Benefit) or

( b ) employment which would be insurable employment under the Acts if it were not an excepted employment by reason of paragraph 1 of Part II of the First Schedule to the Act of 1952,

during which he does not engage in such employment;

(ii) where the person has attained the age of 70 years, any period subsequent to his attainment of that age whether he is engaged in employment or not.

4. Where a person would be entitled to retirement pension but for the fact that the relevant contribution conditions are not satisfied as respects the average number of contributions paid or credited per contribution year in the relevant period the following provisions shall apply :—

( a ) where the average number of contributions paid in respect of or credited to the person per contribution year in the relevant period is not less than twenty-six, he shall be entitled to pension;

( b ) where the average number of such contributions is a number included in one of the groups of numbers specified in the first column of the Schedule hereto, fractions of whole numbers being disregarded, the pension shall be payable at the weekly rate shown opposite to that group of numbers in the second column of the said Schedule.

SCHEDULE

Reduced rates of retirement pension where contribution conditions are partially satisfied

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

Weekly rate

£

s.

d.

41 to 47

4

4

0

33 to 40

3

18

0

26 to 32

3

12

0

GIVEN under the Official Seal of the Minister for Social Welfare this

29th day of September, 1970.

JOSEPH BRENNAN,

Minister for Social Welfare.

The Minister for Finance hereby sanctions the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 29th

day of September, 1970.

SEÁN Ó LOINSIGH,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations specify the periods which are to be regarded as periods of retirement for the purposes of the scheme of retirement pension. The Regulations also provide for the payment, in accordance with the Schedule therein, of reduced rates of retirement pension in cases where the contribution condition which requires an average of not less than 48 contributions paid or credited per contribution year is not satisfied, provided that the average paid or credited is not less than 26.

Where a reduced basic rate of retirement pension is payable in accordance with these Regulations, any increase of pension in respect of a child or an adult dependant is payable in full.