S.I. No. 231/1993 - Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1993.


S.I. No. 231 of 1993.

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1993.

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

PART I General

1. These Regulations may be cited as the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1993.

2. In these Regulations—

"the Regulations of 1988" means the Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988 ( S.I. No. 263 of 1988 );

"the Regulations of 1992" means the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1992 ( S.I. No. 218 of 1992 ).

PART II Increased Rates of Benefits and Pensions under the Occupational Injuries Scheme

3. This Part shall come into operation on the 26th day of July, 1993.

4. The Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) are hereby amended by—

( a ) the substitution for the Second Schedule thereto (inserted by article 4 of the Regulations of 1992) of the Schedule set out in Schedule A to this Part, subject in respect of the Scale set out in the said Second Schedule (as amended by these Regulations), to the following provisions:—

(i) the rates of pension specified in column (3) of the Scale shall have effect on and from the 26th day of July, 1993 whether the period taken into account by the assessment began on, before or after that date, and,

(ii) the amounts of gratuity specified in column (2) of the scale shall be payable only where the period taken into account by the assessment of the degree of disablement began on or after the 26th day of July, 1993,

( b ) the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 1992) of the Schedule set out in Schedule B to this Part.

SCHEDULE A

"SECOND SCHEDULE

Articles 6 and 7

Scale of Disablement Gratuities and of Weekly Rates of Pension in Lieu of Disablement Gratuities

Degree of Disablement (1)

Amount of Gratuity (2)

Weekly Rate of Pension

(3)

Per Cent

£

£

1

566

0.81

2

849

1.62

3

1,132

2.43

4

1,415

3.24

5

1,698

4.05

6

1,981

4.86

7

2,264

5.67

8

2,547

6.48

9

2,830

7.29

10

3,113

8.10

11

3,396

8.91

12

3,679

9.72

13

3,962

10.53

14

4,245

11.34

15

4,528

12.15

16

4,811

12.96

17

5,094

13.77

18

5,377

14.58

19

5,660

15.39

".

SCHEDULE B

"FOURTH SCHEDULE

Article 4

PART I

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

£

55.60

( b ) In any other case ... ... ... ...

27.10

PART II

Article 9

Increases of Disablement Pension where the beneficiary requires constant attendance

(1)

Weekly rate

(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 live or for a period of not less than six months—

(i) Where the attendance required is whole-time ...

32.90

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

16.45

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

49.35

( 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 ... ... ...

65.80

".

PART III Alteration in Reduced Weekly Rates of Old Age (Contributory) Pension, Retirement Pension and Widow's (Contributory) Pension

5. (1) The Social Welfare (Old Age (Contributory) Pension) Regulations, 1960 ( S.I. No. 274 of 1960 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 6 of the Regulations of 1992) of the following Schedule:—

SCHEDULE

"SCHEDULE

Article 3

Reduced Rates of Old Age (Contributory) Pension where Contribution Conditions are Partially Satisfied

Yearly Average

Weekly Rate

(1)

(2)

£

36 to 47

67.20

24 to 35

64.90

20 to 23

63.50

".

(2) This article shall come into operation on the 30th day of July, 1993.

6. (1) The Social Welfare (Retirement Pension) Regulations, 1970 ( S.I. No. 225 of 1970 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 7 of the Regulations of 1992) of the following Schedule:—

SCHEDULE

"SCHEDULE

Article 4

Reduced Rates of Retirement Pension where Contribution Conditions are Partially Satisfied

Yearly Average

Weekly Rate

(1)

(2)

£

36 to 47

67.20

24 to 35

64.90

".

(2) This article shall come into operation on the 29th day of July, 1993.

7. (1) The Social Welfare (Widows' and Orphans' (Contributory) Pensions) Regulations, 1966 ( S.I. No. 235 of 1966 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 8 of the Regulations of 1992) of the following Schedule:—

SCHEDULE

"SCHEDULE

Article 4

Reduced Rates of Widow's (Contributory) Pension where Contribution Conditions are Partially Satisfied

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

Weekly Rate

36 to 47

24 to 35

£

61.60

59.80

".

(2) This article shall come into operation on the 30th day of July, 1993.

PART IV Alteration in Reduced weekly Rates of Old Age (Contributory) Pension and Widow's (Contributory) Pension for Certain Persons.

8. (1) The Regulations of 1988 are hereby amended by the substitution for Schedule A thereto (inserted by article 10 of the Regulations of 1992) of the following Schedule:—

SCHEDULE

"SCHEDULE A

Article 4

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

Weekly Rate

Increase where the person has attained the age of 80 years

(1)

(2)

(3)

£

£

15 to 19

47.60

3.30

10 to 14

31.80

2.30

5 to 9

15.90

1.10

".

(2) This article shall come into operation on the 30th day of July, 1993.

9. (1) The Regulations of 1988 are hereby amended by the substitution for Schedule B thereto (inserted by article 11 of the Regulation of 1992) of the following Schedule:—

SCHEDULE

"SCHEDULE B

Article 5

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

Weekly Rate

Increase where the person has attained the age of 80 years

(1)

(2)

(3)

£

£

18 to 23

44.80

2.80

12 to 17

29.70

2.20

5 to 11

14.90

1.10

".

(2) This article shall come into operation on the 30th day of July, 1993.

GIVEN under the Official Seal of the Minister for Social Welfare, this 21st day of July, 1992.

MICHAEL WOODS,

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 22nd day of July, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

The Social Welfare Act, 1993 provided for increases in the maximum rates of social insurance payments arising from the 1993 Budget, with effect from the end of July, 1993. These Regulations provide for increases in the reduced rates of various social insurance payments from the end of July, 1993.

Part II

Part II of the Regulations provides for increases in the rates of benefit payable under the Occupational Injuries Benefits scheme—

— in respect of disablement gratuities appropriate to degrees of disablement assessed at 19 per cent or under,

— in respect of Disablement Pension payable in lieu of such gratuities,

— in respect of Injury Benefit payable to persons under the age of sixteen, and

— in respect of certain Constant Attendance Allowances.

Part III

Part III of the Regulations provides for increases in the reduced rates of Old Age Contributory Pensions, Widows' Contributory Pensions and Retirement Pensions where the contribution conditions for receipt of the maximum rates are not satisfied.

Part IV

Part IV of the Regulations provides for an increase in the reduced rates of Old Age (Contributory) Pension payable to certain people who came back into insurance on the abolition of the earnings limit for liability for social insurance contributions in April, 1974, but who did not have sufficient contributions paid to entitle them to a pension. Part IV also provides for similar increases in the Widow's (Contributory) Pension scheme.