S.I. No. 61/1965 - Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1965.


S.I. No. 61 of 1965.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1965.

I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 , 32 and 75 of the Social Welfare Act, 1952 (No. 11 of 1952), hereby make the following Regulations:—

1.—(1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1965.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1964, may be cited collectively as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1965.

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

3. Sub-article (1) of article 8 of the Principal Regulations shall be deleted and the following shall be substituted therefor:—

"(1) (a) Subject to paragraphs (b) and (c) of this sub-article, an increase under subsection (1) of section 27 of the Act shall not be payable in respect of any qualified child for any day of any week in respect of which an orphan's (contributory) allowance under the Act or an orphan's (non-contributory) pension under the Widows' and Orphans' Pensions Acts is payable in respect of that child.

(b) Where, but for the provisions of paragraph (a) of this sub-article, an increase of old age (contributory) pension would be payable in respect of a qualified child at a rate exceeding the rate of orphan's (non-contributory) pension payable in respect of that child, then, notwithstanding the provisions of the said paragraph (a), the increase of old age (contributory) pension shall be payable and the orphan's (non-contributory) pension shall not be payable.

(c) Where, but for the provisions of paragraph (a) of this sub-article, an increase of disability benefit or unemployment benefit would be payable in respect of a qualified child at a rate exceeding the rate of orphan's (non-contributory) pension payable in respect of that child, then, notwithstanding the provisions of the said paragraph (a), the difference between the said rates shall be payable as an increase of disability benefit or unemployment benefit as the case may be."

4. Article 10 of the Principal Regulations as amended by article 9 of the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1960 ( S.I. No. 278 of 1960 ) is hereby further amended by the addition thereto of the following paragraph:—

"(e) an increase under Section 5 of the Social Welfare (Miscellaneous Provisions) Act, 1964 (No. 28 of 1964)."

GIVEN under my Official Seal this 31st day of March, 1965.

CAOIMHGHÍN Ó BEOLÁIN,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare (Miscellaneous Provisions) Act, 1964 , provides, inter alia, for the payment of increases of old age pension, contributory and non-contributory, in respect of qualified children.

These Regulations provide that the increase of old age pension will not be payable in respect of a child for whom an orphan's (non-contributory) pension is payable unless the increase is greater than the orphan's (non-contributory) pension, when the increase will be paid and the pension terminated.

The Regulations also provide that, where an increase of disability or unemployment benefit, which is greater than the orphan's (non-contributory) pension, would be payable in respect of a child for whom an orphan's (non-contributory) pension is payable, then only the amount by which the increase exceeds the pension will be paid.