S.I. No. 422/1986 - Social Welfare (Preservation of Rights) (No. 2) Regulations, 1986

S.I. No. 422 of 1986.

SOCIAL WELFARE (PRESERVATION OF RIGHTS) (NO. 2) REGULATIONS, 1986

The Minister for Social Welfare, in exercise of the powers conferred on her by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by section 20 of the Social Welfare (No. 2) Act, 1985 (No. 14 of 1985) hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Preservation of Rights) (No. 2) Regulations, 1986.

2. These Regulations shall have effect from—

( a ) the 17th day of November, 1986 for the purpose of payment of disability benefit, maternity allowance and injury benefit;

( b ) the 19th day of November, 1986 for the purpose of payment of unemployment assistance;

( c ) the 20th day of November, 1986 for the purpose of payment of retirement pension, invalidity pension and unemployment benefit;

( d ) the 21st day of November, 1986 for the purpose of payment of old age (contributory) pension and disablement benefit.

3. In these Regulations—

"the Act" means the Social Welfare (Consolidation) Act, 1981 ;

"the Act of 1985" means the Social Welfare (No. 2) Act, 1985 ;

"the regulations of 1986" means the Social Welfare (Adult Dependent) Regulations, 1986 [ S.I. No. 369 of 1986 ];

"relevant payment" means any benefit, pension, assistance or allowance pursuant to the Act which by virtue of the provisions of paragraph (a) (iii) of section 2 (1) of the Act of 1981, as amended by section 3 of the Act of 1985 and by virtue of the provisions of the Regulations of 1986 does not include an increase in respect of an adult dependant;

"relevant effective date" means—

( a ) the 17th day of November, 1986 for the purpose of payment of disability benefit, maternity allowance and injury benefit;

( b ) the 19th day of November, 1986 for the purpose of payment of unemployment assistance;

( c ) the 20th day of November, 1986 for the purpose of payment of retirement pension, invalidity pension and unemployment benefit;

( d ) the 21st day of November, 1986 for the purpose of payment of old age (contributory) pension and disablement benefit.

4. The Social Welfare (Preservation of Rights) Regulations, 1986 [ S.I. No. 366 of 1986 ] are hereby revoked.

5. Articles 5, 6, 7 and 8 of these Regulations shall apply to persons who were entitled to or were in receipt of any benefit, pension, assistance or allowance, pursuant to the Act, in respect of any day in the week ending on the day immediately preceding the day on which the Regulations have effect for the purpose of payment of the benefit, pension, assistance or allowance, the weekly rate of which was increased in respect of an adult dependant and on the relevant effective date, the weekly rate of entitlement ceased to include such increase by reason of

( a ) the adult dependant being entitled to or in receipt of any pension, benefit, assistance or allowance under Parts II or III ( other than Chapter 2) of the Act or disabled person's maintenance allowance under section 69 of the Health Act, 1970 in respect of any day in that week, or

( b ) the adult dependant being in employment or self employed with in either case a weekly income, calculated or estimated in accordance with article 5 of the Regulations of 1986, in excess of £50.

6. Where in respect of any day in the week beginning with the relevant effective date a person to whom these Regulatons apply is entitled to or is in receipt of any relevant payment, the weekly rate of that relevant payment and of any other relevant payment to which that person becomes entitled without a break shall, subject to article 7 of these Regulations, be increased

( a ) in the case of persons to whom these Regulations apply by virtue of the provisions of article 5 (a) of these Regulations, by the sum of £20, and

( b ) in the case of persons to whom these Regulations apply by virtue of the provisions of article 5 (b) of these Regulations, by the sum of

(i) £10, and

(ii) an amount equal to the difference between the increase payable to that person in respect of his child dependants under the Act of 1985 and the increase for those dependants which would have been payable but for the said Act.

7. (1) An increase in a payment under article 6 of these Regulations shall be paid for the duration of the period of continuous entitlement to that payment, or until the first anniversary of the relevant effective date whichever is the shorter.

(2) A person shall not be entitled to an increase of payment under article 6 in respect of any period for which he receives or is entitled to receive an increase of that payment in respect of an adult dependant.

(3) An increase in payment provided for by article 6 shall cease to be payable to a person on the death of that person's spouse.

(4) An increase in payment provided for by article 6 (b) (ii) shall cease to be payable to a person where that person's spouse receives or becomes entitled to receive any payment under the Act which includes an increase in respect of a child dependant.

(5) Notwithstanding anything contained in these Regulations, the amount of the relevant payment payable from the relevant effective date shall not, as a consequence of the provisions of these Regulations, exceed the amount of the relevant payment to which a person was entitled or was in receipt of in the week preceding the relevant effective date.

8. Where the relevant effective date in the case of a person to whom these Regulations apply precedes the relevant effective date in the case of that person's spouse and the relevant payment to that person included an increase in respect of a child dependant or child dependants then that person shall receive an additional payment of 1/6th of the amount of that increase for each day from the relevant effective date in the case of that person to the day preceding the relevant effective date in the case of that person's spouse.

9. Where any person, including persons to whom articles 5, 6, 7 and 8 apply, was entitled to or was in receipt of a payment under Chapter 2 of Part III of the Act in respect of any day in the week ending on the day immediately preceding the relevant effective date and where in assessing the value to him as head of the household of his spouse's income from employment an allowance was made in respect of certain household expenses such an allowance may continue to be made for the duration of the period of continuous entitlement of that person to that payment or until the first anniversary of the relevant effective date whichever is the earlier.

GIVEN under the Official Seal of the Minister for Social Welfare this 12th

day of December, 1986.

GEMMA HUSSEY,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 12th

day of December, 1986.

JOHN BRUTON,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for the making of transitional payments to persons whose social welfare payments have been reduced as a consequence of the changes in the conditions for payment of increases for dependants under the Social Welfare (No. 2) Act, 1985 . The relevant parts of that Act came into operation in the week beginning 17th November, 1986.

The Regulations provide for:

( a ) a weekly payment of £20 to persons who are no longer entitled to an increase in payment for a spouse because the spouse is entitled to a social welfare payement in his or her own right;

( b ) payment of the full instead of half of the increases for child dependants together with a weekly payment of £10 to persons who are no longer entitled to an increase in payment for a spouse because the spouse is in employment or is self-employed with income in excess of £50 per week.

These payments will in general continue to be made for as long as the person continues to be entitled to the basic social welfare payment or for one year, whichever is the shorter.

The Regulations include arrangements to ensure that a person does not suffer financial loss where payments to himself and his spouse are made on different days of the week.

The Regulations also provide that where in calculating the means of a person with a working spouse, an amount was allowed to him by reason of his status as head of the household that amount may continue to be allowed for as long as the person continues to be entitled to payemt or for one year, whichever is the shorter.