S.I. No. 207/1973 - Social Welfare (General Benefit) (Amendment) Regulations, 1973.


S.I. No. 207 of 1973.

SOCIAL WELFARE (GENERAL BENEFIT) (AMENDMENT) REGULATIONS, 1973.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 31 and 48 of the Social Welfare Act, 1952 (No. 11 of 1952) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (General Benefit) (Amendment) Regulations, 1973.

(2) These Regulations and the Social Welfare (General Benefit) Regulations 1953 to 1970, may be cited collectively as the Social Welfare (General Benefit) Regulations, 1953 to 1973.

2. In these Regulations:—

"the Principal Regulations" means the Social Welfare (General Benefit) Regulations, 1953 ( S.I. No. 16 of 1953 );

"the Regulations of 1970" means the Social Welfare (General Benefit) (Amendment) Regulations, 1970 ( S.I. No. 219 of 1970 );

"the Act of 1973" means the Social Welfare Act, 1973 (No. 10 of 1973).

3. Paragraphs (b) and (c) of sub-article (3) (inserted by the Regulations of 1970) of article 5 of the Principal Regulations are hereby amended by the insertion therein of the words "deserted wife's benefit, an allowance under section 8 of the Act of 1973," after the words "deserted wife's allowance," in each place where these words occur.

4. Paragraph (a) (inserted by the Regulations of 1970) of sub-article (5) of article 5 of the Principal Regulations is hereby amended by the insertion therein of the words "deserted wife's benefit" after the words "deserted wife's allowance".

5. Sub-article (5) of article 5 of the Principal Regulations is hereby amended by the insertion therein of the following paragraph—

"(c) Notwithstanding that a woman, by reason of undergoing a period of penal servitude, imprisonment or detention in legal custody is disqualified by virtue of subsection (1) of the said section 31 for receiving an allowance under section 8 of the Act of 1973, that amount of the allowance which would be payable to her by way of a child's (non-contributory) allowance under the Widows' and Orphans' Pensions Acts, 1935 to 1973, if she were a widow, shall be paid to any person appointed for the purpose by the Minister to receive and deal with any sums payable on account of that amount of the allowance for the benefit of the child in respect of which the allowance is payable, and the receipt of any person so appointed shall be a good discharge to the Minister and to the Social Insurance Fund for any sum so paid.".

6. Sub-articles (2) and (3) (inserted by the Regulations of 1970) of article 6 of the Principal Regulations are hereby amended by the insertion therein of the words "deserted wife's benefit," after the words "widow's (contributory) pension," in each place where these words occur.

GIVEN under the Official Seal of the Minister for Social Welfare this 19th day of July, 1973.

BRENDAN CORISH,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare (General Benefit) Regulations, 1953 ( S.I. No. 16 of 1953 ) specify the circumstances in which the disqualifications imposed by the Social Welfare Act, 1952 , for receiving benefit for periods during which persons are imprisoned or detained in legal custody may be relaxed. These amending Regulations extend those relaxations to deserted wife's benefit and to allowances under section 8 of the Social Welfare Act, 1973 , i.e. social assistance allowances for unmarried mothers.