S.I. No. 448/1992 - Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1992.

S.I. No. 448 of 1992.

SOCIAL WELFARE (MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) (NO. 2) REGULATIONS, 1992.

The Minister for Social Welfare in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), section 19 of that Act (as amended by section 32 of the Social Welfare Act, 1992 (No. 5 of 1992)), section 29 of that Act (as amended by section 28 of the Social Welfare Act, 1992 ) and section 30 of that Act (as amended by section 19 of the Social Welfare Act, 1991 (No. 7 of 1991)) hereby makes the following Regulations:—

1 Citation.

1. These Regulations may be cited as the Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1992.

2 Interpretation.

2. In these Regulations—

"benefit" means disability benfit or unemployment benefit, as the case may be;

"claimant" means a person who has made a claim for disability benefit or unemployment benefit, as the case may be;

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

"reckonable earnings" have the meaning assigned to them in article 4 of the Social Welfare (Collection of Employment Contributions by the Collector-General) Regulations, 1989 ( S.I. No. 298 of 1989 ) and in article 4 of the Social Welfare (Collection of Employment Contributions for Special Contributors) Regulations, 1989 ( S.I. No. 302 of 1989 ), as may be appropriate in each case.

3 Commencement.

3. These Regulations shall come into operation on the 4th day of January, 1993.

4 Qualifying conditions for disability benefit and unemployment benefit.

4. (1) For the purposes of subsection (1) (c) of section 19 and subsection (1) (c) of section 30 of the Principal Act:—

( a ) the prescribed period shall be the contribution year specified in section 19 (1) (b) in the case of disability benefit and section 30 (1) (b) in the case of unemployment benefit;

( b ) subject to sub-article (2) of this article, the prescribed reckonable weekly earnings shall be calculated as the total reckonable earnings in the prescribed period divided by the number of qualifying contributions in the said period; and

( c ) the prescribed amount shall be £69.99.

(2) In the case of a claimant whose reckonable weekly earnings, if any, are less than £25, as calculated in accordance with paragraph (b) of sub-article (1) of this article, he shall be deemed to have reckonable weekly earnings of £25.

5 Partial satisfaction of conditions for disability benefit or unemployment benefit.

5. Where a claimant would be entitled to benefit but for the fact that his reckonable weekly earnings do not exceed £69.99, the following provisions shall apply:—

( a ) where the reckonable weekly earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule A to these Regulations, there shall be entitlement to benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule;

( b ) any increase of benefit, in respect of an adult dependant, payable under subsection (1) of section 21 or subsection (1) of section 32 of the Principal Act shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedule; and

( c ) any increase of benefit, in respect of a qualified child, payable under subsection (2) of section 21 or subsection (2) of section 32 of the Principal Act shall be the same as if the condition as respects the reckonable weekly earnings had been fully satisfied.

6 Substantial loss of employment.

6. A claimant shall be regarded, for the purposes of subsection (1) (d) of section 29 of the Principal Act, as having sustained a substantial loss of employment in any period of 6 consecutive days where—

( a ) in the case of a claimant whose normal working week consisted of 4 or more days, he has lost 2 days of insurable employment; and

( b ) in the case of a claimant whose normal working week consisted of less than 4 days, he has lost 1 day of insurable employment:

Provided that the claimant's reckonable earnings are reduced as a consequence of the loss of employment.

7 Saver.

7. (1) In the case of a person whose claim for benefit, by virtue of his having been entitled to or in receipt of benefit in respect of any day in the 13 week period preceding the relevant date, forms part of a period of interruption of employment which commenced prior to the relevant date, these Regulations shall not have the effect of reducing the rate of benefit payable below that to which he was previously entitled.

(2) In this article "relevant date" means the 4th day of January, 1993.

Article 5

GIVEN under the Official Seal of the Minister for Social Welfare this 30th day of December, 1992.

CHARLIE McCREEVY,

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 31st day of December, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations prescribe the amount of reckonable weekly earnings a claimant must have to qualify for Unemployment Benefit and Disability Benefit. They also provide for payment of reduced rates of Unemployment Benefit and Disability Benefit to persons whose reckonable weekly earnings are below this prescribed amount.

In addition the Regulations outline the circumstances in which a claimant will be regarded as having sustained a substantial loss of employment in order to qualify for Unemployment Benefit.