S.I. No. 100/1977 - Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1977.

S.I. No. 100 of 1977.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1977.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 32 and 75 of the Social Welfare Act, 1952 (No. 11 of 1952) hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1977.

2. These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1974 shall be construed as one and may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1977.

3. In these Regulations—

"the Principal Regulations" means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 );

"the Regulations of 1970" means the Social Welfare (Overlapping Benefits) Regulations, 1970 ( S.I. No. 221 of 1970 ):

4. Article 30 of the Principal Regulations (substituted by the Social Welfare (Overlapping Benefits) Regulations, 1973 ( S.I. No. 237 of 1973 ) and subsequently amended by the Social Welfare (Overlapping Benefits) Regulations, 1974 ( S.I. No. 224 of 1974 )) is hereby deleted and the following article substituted therefor—

"30. Where a woman would, but for this article, be entitled in respect of any period to widow's (contributory) pension, death benefit by way of widow's pension under the Act of 1966, deserted wife's benefit, widow's (non-contributory) pension, single woman's allowance, prisoner's wife's allowance, deserted wife's allowance or unmarried mother's allowance (including an increase in respect of a qualified child or children) and to unemployment assistance (including an increase in respect of an adult or a child dependant or child dependants) under the Unemployment Assistance Acts the benefit, pension or allowance only, as the case may be, shall be payable unless the rate of unemployment assistance is greater than the rate of benefit, pension or allowance payable in which event unemployment assistance only shall be payable."

5. Article 32 of the Principal Regulations (inserted by the Regulations of 1970) is hereby deleted and the following article substituted therefor—

"32. Where a person would, but for this article, be entitled in respect of any period to an increase of unemployment benefit or disability benefit under section 26 of the Act and to an increase of any of the following in respect of the same person—

(a) widow's (contributory) pension,

(b) death benefit by way of widow's pension under the Act of 1966,

(c) deserted wife's benefit,

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

(e) deserted wife's allowance,

(f) unmarried mother's allowance,

(g) single woman's allowance,

(h) prisoner's wife's allowance,

(i) unemployment assistance,

only one such increase shall be payable."

6. Article 33 of the Principal Regulations (inserted by the Regulations of 1970) is hereby deleted and the following article substituted therefor—

"33. Where a person would, but for this Article, be entitled in respect of any period to an increase in respect of an adult dependant under the Unemployment Assistance Acts and to an increase of any of the following in respect of the same person—

(a) widow's (contributory) pension,

(b) death benefit by way of widow's pension under the Act of 1966,

(c) deserted wife's benefit,

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

(e) deserted wife's allowance,

(f) unmarried mother's allowance,

(g) single woman's allowance,

(h) prisoner's wife's allowance,

(i) unemployment assistance,

only one such increase shall be payable."

GIVEN under the Official Seal of the Minister for Social Welfare this 31st day of March, 1977.

BRENDAN CORISH,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare Act, 1977 provides, inter alia, for removal of the disqualification on certain widows in regard to the receipt of unemployment assistance and for the extension to single women, widows and deserted wives of the concession given to single men and widowers in relation to the payment of adult dependant's allowance on unemployment assistance in respect of any female person over the age of sixteen years having the care of a child dependant or child dependants and wholly or mainly maintained by the applicant. As a consequence of these changes the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1974 which specify the payment to be made where there is title to more than one payment are being amended and extended by these Regulations to provide that only widow's pension or unemployment assistance may be paid to a widow in respect of the same period but not both and that only an increase of benefit, pension, allowance or assistance as an adult dependant or as a child dependant may be paid in respect of any person in respect of the same period but not both.