S.I. No. 155/1954 - Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1954.

S.I. No. 155 of 1954.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1954.

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) and of all other powers enabling him in this behalf hereby makes the following Regulations :—

1. In these Regulations the expression " the Principal Regulations " means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ).

2.—(1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1954.

(2) These Regulations shall be construed as one with the Principal Regulations.

3. Sub-article (1) of article 15 of the Principal Regulations is hereby amended by the deletion of all the words after the words " technical institution " in the said sub-article and the substitution therefor of the words " the following provisions shall have effect—

(a) he shall not (subject to paragraph (b) hereof) be entitled to disability benefit ;

(b) where twenty-six employment contributions have been paid in respect of him since the date of his discharge from the said armed forces he shall be entitled to disability benefit but, until one hundred and fifty-six employment contributions have been paid in respect of him since the date of his discharge from the said armed forces, the provisions of sub-sections (1) and (3) of section 16 of the act shall apply to him as if he were a person in respect of whom less than one hundred and fifty-six employment contributions had been paid in respect of the period between his entry into insurance and any day of incapacity for work."

4.—(1) Sub-article (3) of article 15 of the Principal Regulations shall be deleted and the following shall be substituted therefor :—

" (3) Where a person is in receipt of such a pension or allowance as is specified in sub-article (1) of this article and—

(a) that pension or allowance includes an addition in respect of a wife, an increase of disability benefit under the Act in respect of a wife shall not be payable, unless such addition is less than such increase when the difference shall be payable ;

(b) there is normally residing with such person one qualified child, and not more, an increase of disability benefit under the Act in respect of such child shall not be payable unless no addition to the pension or allowance is payable in respect of such child or the addition is less than the increase, when the difference shall be payable ;

(c) there are normally residing with such person two qualified children, and not more, an increase of disability benefit under the Act shall not be payable—

(i) in respect of the elder of such children unless no addition to the pension or allowance is payable in respect of such child or the addition is less than the increase, when the difference shall be payable, and

(ii) in respect of the younger of such children unless no addition to the pension or allowance is payable in respect of such child or the addition is less than the increase, when the difference shall be payable ;

(d) (i) there are normally residing with such person more than two qualified children, an increase of disability benefit under the Act shall not be payable—

(a) in respect of the eldest of such children unless no addition to the pension or allowance is payable in respect of such child or the addition is less than the increase, when the difference shall be payable, and

(b) in respect of the second eldest of such children unless no addition to the pension or allowance is payable in respect of such child or the addition is less than the increase, when the difference shall be payable.

(ii) For the purpose of this paragraph an increase of disability benefit under the Act in respect of each of two qualified children normally residing with the beneficiary shall be regarded as applicable to each of the eldest two such children."

(2) This amendment shall be deemed to have come into operation on the date of commencement of the Principal Regulations.

GIVEN under the Official Seal of the Minister for Social Welfare this twenty-eighth day of July, One Thousand Nine Hundred and Fifty-four.

BRENDAN CORISH,

Minister for Social Welfare.