S.I. No. 229/1985 - Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) (No. 2) Regulations 1985.


S.I. No. 229 of 1985.

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) (No. 2) REGULATIONS 1985.

The Minister for Social Welfare, in exercise of the powers conferred on him by Sections 3 , 19 , 30 , 42 , 43 , 46 , 79 , 84 , 93 and 101 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1985.

PART IALTERATION IN REDUCED RATES OF DISABILITY BENEFIT AND UNEMPLOYMENT BENEFIT

2. This part shall come into operation on the 8th day of July 1985.

3. The following Schedule shall be substituted for the First Schedule to the Social Welfare (Disability, Unemployment and Marriage Benefit) Regulations, 1953, ( S.I. No. 7 of 1953 ).

PART IIINCREASED RATES OF BENEFITS AND PENSIONS UNDER THE OCCUPATIONAL INJURIES SCHEME

4. In this Part:—

"the Principal Regulations" means the Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 );

"the Regulations of 1984" means the Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1984 ( S.I. No. 90 of 1984 ).

5. (1) The Principal Regulations are hereby amended by the substitution for the Second Schedule thereto (added to said Regulations by the Social Welfare (Occupational Injuries)(Amendment) Regulations, 1981 (S.I. No. 340 of 1981) of the Schedule set out in Schedule A to this Part.

(2) The weekly rates of pension specified in column (3) of the scale set out in the said Second Schedule, as amended by these Regulations, shall have effect on and from the 8th day of July, 1985 whether the period taken into account by the assessment began on, before or after that date.

(3) Notwithstanding sub-article (1) of this article, the amount of a disablement gratuity payable by virtue of the amendment affected by that sub-article shall be payable only where the period taken into account by the assessment of the degree of disablement began on, or after the 8th day of July, 1985.

6. The Principal Regulations are hereby amended by the substitution for the Fourth Schedule thereto (added to the said Regulations by the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1981 (S.I. No. 340 of 1981) of the Schedule set out in Schedule B to this Part.

SCHEDULE

Article 4

"FIRST SCHEDULE

REDUCED RATES OF DISABILITY BENEFIT AND UNEMPLOYMENT BENEFIT

(1)

(2)

Full weekly rates of benefit applicable under Part 1 of the Second Schedule to the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) as amended by the Social Welfare Act, 1985 (No. 5 of 1985)

£39.50

£34.70

Number of qualifying contributions or credited contributions in respect of the relevant contribution year

Reduced rate at which benefit is payable

41-47

£38.05

£33.65

33-40

£36.55

£32.75

26-32

£35.35

£32.75

"

SCHEDULE A

"SECOND SCHEDULE

Articles 6 and 7

SCALE OF DISABLEMENT GRATUITIES AND OF WEEKLY RATES OF PENSION IN LIEU OF DISABILITY GRATUITIES

Degree of Disablement

Amount of Gratuity

Weekly rate of pension

(1)

(2)

(3)

For persons under age 66

For persons aged 66 or over

For persons under age 66

For persons aged 66 or over

£

£

£

£

1%

420.00

428.00

0.61

0.62

2%

630.00

642.00

1.21

1.24

3%

840.00

856.00

1.82

1.85

4%

1,050.00

1,070.00

2.42

2.47

5%

1,260.00

1,284.00

3.03

3.09

6%

1,470.00

1,498.00

3.63

3.71

7%

1,680.00

1,712.00

4.24

4.33

8%

1,890.00

1,926.00

4.84

4.94

9%

2,100.00

2,140.00

5.45

5.56

10%

2,310.00

2,354.00

6.05

6.18

11%

2,520.00

2,568.00

6.66

6.80

12%

2,730.00

2,782.00

7.26

7.42

13%

2,940.00

2.996.00

7.87

8.03

14%

3,150.00

3,210.00

8.47

8.65

15%

3,360.00

3,424.00

9.08

9.27

16%

3,570.00

3,638.00

9.68

9.89

17%

3,780.00

3,852.00

10.29

10.51

18%

3,990.00

4,066.00

10.89

11.12

19%

4,200.00

4,280.00

11.50

11.74

"

SCHEDULE B

"FOURTH SCHEDULE

PART I

Article 4

Weekly Rates of Injury Benefit Payable to Persons under the Age of Sixteen Years.

(1)

Weekly rate

(2)

£

(a) Where the relevant employment or (if more than one) the relevant employments were, or amounted in the aggregate to, full-time employment or substantially full-time employment

43.00

(b) In any other case

19.60

PART II

Article 9

Increases of Disablement Pension where the Beneficiary requires constant attendance

Weekly rate

(1)

(2)

£

(a) Increase where the beneficiary (not being a person included in (b) or (c) following) is to a substantial extent dependent on such attendance for the necessities of life and is likely to remain so dependent for life or for a period of not less than six months

(i) Where the attendance required is whole-time

(a) Beneficiary under age 66 ... ... ...

24.20

(b) Beneficiary aged 66 or over ... ... ...

24.60

(ii) Where the attendance required is part-time only

(a) Beneficiary under age 66 ... ... ...

12.10

(b) Beneficiary aged 66 or over ... ... ...

12.30

(b) Increase where the extent of such attendance required is greater by reason of the beneficiary's exceptionally severe disablement

(i) Beneficiary under age 66 ... ... ... ...

36.30

(ii) Beneficiary aged 66 or over ... ... ...

36.90

(c) Increase where the beneficiary is so exceptionally severely disabled as to be entirely or almost entirely dependent on such attendance for the necessities of life and is likely to remain so for life or for a period of not less than six months and the attendance so required is whole-time

(i) Beneficiary under age 66 ... ... ... ...

48.40

(ii) Beneficiary aged 66 or over ... ... ...

49.20

"

7. This part shall come into operation on the 8th day of July, 1985 and shall be construed as one with the Social Welfare (Occupational Injuries) Regulations 1967 to 1983 and the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1984.

PART III

ALTERATION IN REDUCED WEEKLY RATES OF OLD AGE (CONTRIBUTORY) PENSION, RETIREMENT PENSION, WIDOW'S (CONTRIBUTORY) PENSION AND DESERTED WIFE'S BENEFIT

8. In this part:

"The Regulations of 1984" means the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1984, S.I. No. 90 of 1984 ).

9. Articles 10 and 11 of these Regulations shall come into operation on the 12th day of July, 1985 and articles 12 and 13 on the 11th day of July, 1985.

10. The following Schedule shall be substituted for the Schedule to the Social Welfare (Old Age (Contributory) Pension) Regulations, 1960 ( S.I. No. 274 of 1960 ) as substituted by article 19 of the Regulations of 1984.

"SCHEDULE

Reduced rates of Old Age (Contributory) Pensions where contribution conditions are partially satisfied.

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

Weekly Rate

Pensioner aged under 80 years

Pensioner aged 80 years or over

£

£

42 to 47

50.65

54.30

36 to 41

49.80

53.50

30 to 35

49.05

52.65

24 to 29

48.25

51.95

20 to 23

47.50

50.95

"

11. The following Schedule shall be substituted for the Schedule to the Social Welfare (Widow's and Orphan's (Contributory) Pensions) Regulations, 1966 ( S.I. No. 235 of 1966 ), as substituted by article 20 of the Regulations of 1984.

"SCHEDULE

Reduced rates of widows' (contributory) pensions where contribution conditions are partially satisfied.

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

Weekly Rate

Widow aged under 66 years

Widow aged 66 years or over but under 80 years

Widow aged 80 years or over

£

£

£

42 to 47

45.60

46.45

49.50

36 to 41

45.00

45.85

49.00

30 to 35

44.25

45.20

48.25

24 to 29

43.75

44.70

47.80

"

12. The following Schedule shall be substituted for the Schedule to the Social Welfare (Retirement Pension) Regulations, 1970 ( S.I. No. 225 of 1970 ), as substituted by article 21 of the Regulations of 1984.

"SCHEDULE

Reduced rates of retirement pensions where contribution conditions are partially satisfied.

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

Weekly Rate

Pensioner aged under 80 years

Pensioner aged 80 years or over

£

£

42 to 47

50.65

54.30

36 to 41

49.80

53.50

30 to 35

49.05

52.65

24 to 29

48.25

51.95

"

13. The following Schedule shall be substituted for the Schedule to the Social Welfare (Deserted Wife's Benefit) Regulations, 1973 ( S.I. No. 202 of 1973 ) as substituted by article 22 of the Regulations of 1984.

"SCHEDULE

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied.

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

Weekly Rate

Deserted Wife aged under 66 years

Deserted Wife aged 66 years or over but under 80 years

Deserted Wife aged 80 years or over

£

£

£

42 to 47

45.60

46.45

49.50

36 to 41

45.00

45.85

49.00

30 to 35

44.25

45.20

48.25

24 to 29

43.75

44.70

47.80

"

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

5th day of July, 1985.

BARRY DESMOND,

Minister for Social Welfare.

The Minister for Finance hereby sanctions the foregoing Regulations

GIVEN under the Official Seal of the Minister for Finance this

5th day of July, 1985.

ALAN DUKES,

Minister for Finance.

EXPLANATORY NOTE.

Part I. provides for increases in the existing scale of reduced rates of disability benefit and unemployment benefit payable where the contribution condition for receipt of the maximum rate of benefit is not satisfied. The new rates are payable from 8th July, 1985.