S.I. No. 97/1967 - Social Welfare (Absence From The State) Regulations, 1967.

S.I. No. 97 of 1967.

SOCIAL WELFARE (ABSENCE FROM THE STATE) REGULATIONS, 1967.

I, JOSEPH BRENNAN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3, 13, 31 and subsection (2) of section 47 of the Social Welfare Act, 1952 (No. 11 of 1952), hereby make the following Regulations :—

1. These Regulations may be cited as the Social Welfare (Absence from the State) Regulations, 1967.

2. The Social Welfare (Absence from the State) Regulations, 1953 ( S.I. No. 17 of 1953 ), the Social Welfare (Absence from the State) (Amendment) Regulations, 1960 ( S.I. No. 222 of 1960 ) and the Social Welfare (Absence from the State) (Amendment) Regulations, 1965 ( S.I. No. 64 of 1965 ) are hereby revoked.

3. (1) In these Regulations—

" the Act " means the Social Welfare Act, 1952 (No. 11 of 1952);

" the Act of 1966 " means the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966);

" the Minister " means the Minister for Social Welfare;

" an approved person " means a person approved by the Minister.

(2) References in these Regulations to any other regulations shall include a reference to such other regulations as amended or extended by any subsequent regulations.

4. (1) Notwithstanding subsection (1) of section 31 of the Act, a person who is absent from the State shall not be disqualified—

(a) for receiving disability benefit (including any increase thereof), or maternity allowance—

(i) during the period of twenty-six weeks from the end of the contribution week in which such absence commences, if during the absence the person is in Northern Ireland, Great Britain or the Isle of Man, or

(ii) during such period as the Minister may, having regard to the circumstances of the case, allow, if the absence is temporary and during the absence the person is in Northern Ireland, Great Britain or the Isle of Man, or

(iii) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and during the absence the person is elsewhere than in Northern Ireland, Great Britain or the Isle of Man for the specific purpose of receiving treatment for incapacity which commenced before the person left the State, but in any such case payment of the benefit shall be suspended until the person returns to the State unless the person nominates an approved person resident in the State to receive payment of the benefit on his behalf;

(b) for receiving unemployment benefit (including any increase thereof) if—

(i) during the absence, the person is in Northern Ireland, and

(ii) having served for a period of twenty-six weeks in the Defence Forces as a person to whom article 6 of the Social Welfare (Modifications of Insurance) Regulations, 1956 ( S.I. No. 236 of 1956 ) applies, he was at any time before such service, ordinarily resident in Northern Ireland, and

(iii) he would but for his absence from the State be entitled to unemployment benefit, and

(iv) he has not exhausted his right to unemployment benefit, or

(v) having exhausted his right to unemployment benefit, he has requalified therefor by the payment in respect of him of thirteen employment contributions as a person to whom the said article 6 applies;

(c) for receiving injury benefit (including any increase thereof)—

(i) for any period during which the person is temporarily absent, being in Northern Ireland, Great Britain or the Isle of Man, or

(ii) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and, during the absence, the person is elsewhere than in Northern Ireland, Great Britain or the Isle of Man for the specific purpose of receiving treatment for incapacity, but in any such case payment of the benefit shall be suspended until the person returns to the State unless the person nominates an approved person resident in the State to receive payment of the benefit on his behalf;

(d) for receiving a widow's (contributory) pension (including any increase thereof), an orphan's (contributory) allowance, an old age (contributory) pension (including any increase thereof or benefit under subsection (3) of section 26 of the Act (inserted by section 11 of the Social Welfare (Miscellaneous Provisions) Act, 1963 (No. 26 of 1963)) or death benefit (including any increase thereof), by reason only of the person being absent from the State;

(e) for receiving disablement benefit (other than any increase thereof) by reason only of the person being absent from the State except that he may receive an increase of disablement pension—

(i) under section 13 of the Act of 1966 where constant attendance is required and the period of absence from the State does not exceed six months,

(ii) by way of unemployability supplement during such period as the Minister may allow having regard to the circumstances of the case if the absence is for the specific purpose of receiving treatment for incapacity which commenced before the person left the State or the absence is for a period in respect of which an increase is payable under section 13 of the Act of 1966,

(iii) under section 11 of the Act of 1966 in respect of a child or children where the person is entitled to receive an unemployability supplement.

(2) Notwithstanding subsection (2) of section 31 of the Act as amended by subsection (8) of section 1 of the Act of 1966,

(a) where a person is not disqualified for receiving disability, injury or unemployment benefit or old age (contributory) pension or disablement pension although absent from the State, any increase, where payable, of that benefit or pensionin respect of the person's husband or wife shall be payable while such husband or wife is absent from the State;

(b) where a person is in the State—

(i) an increase, where payable, of old age (contributory) pension in respect of the person's husband or wife shall be payable while such husband or wife is absent from the State,

(ii) an increase, where payable, of disability or unemployment benefit under section 26 of the Act or an increase of injury benefit or disablement pension under section 10 of the Act of 1966, in respect of a husband or wife shall be payable for any period during which such husband or wife is absent from the State if such absence does not exceed three months or such longer period not exceeding twelve months as the Minister may, having regard to the circumstances, allow.

(3) (a) The payment to or in respect of a person of disability benefit (including any increase thereof) maternity allowance, unemployment benefit (including any increase thereof), injury benefit (including any increase thereof) or any increase of disablement pension which is payable otherwise than in respect of a period of absence from the State may be suspended while the beneficiary is absent from the State but such payment shall not be so suspended where the beneficiary has nominated an approved person resident in the State to receive payment of the benefit on his behalf.

(b) Where a disablement pension is payable by virtue of this article to a person who is absent from the State, the amount of the pension (other than any increase thereof) shall be the amount which would be payable were it not for the operation of section 25 of the Act of 1966 but in no case shall the amount of the pension (other than any increase thereof) exceed the amount of the disablement benefit that would be payable after the application of the said section 25.

5. In the application of the Social Welfare Acts, 1952 to 1966, in the case of persons who are outside the State,

(a) the definition of " qualified child " in subsection (1) of section 2 of the Act shall, for the purpose of an increase ofold age (contributory) pension under subsection (1) of section 27 of that Act as amended by section 8 of the Social Welfare (Miscellaneous Provisions) Act, 1964 (No. 28 of 1964) and for the purpose of an increase of widow's (contributory) pension under subsection (2) of section 27 of the Act, be modified by the deletion of " (b) is ordinarily resident in the State," and

(b) the definition of " child qualified for the purposes of this Act " in subsection (1) of section 1 of the Act of 1966, shall, for the purposes of an increase in occupational injuries benefit under section 11 or section 19 of that Act, be modified by the deletion of " (b) is ordinarily resident in the State ".

GIVEN under my Official Seal this 1st day of May, 1967.

JOSEPH BRENNAN,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations revoke and re-enact with modifications the Social Welfare (Absence from the State) Regulations, 1953 to 1965 which allowed payment of benefits and pensions to persons abroad in certain circumstances. The modifications enable pensions to be paid to persons anywhere abroad. The Regulations also deal with the new benefits under the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966).

The Regulations allow payment abroad of the following and any increases thereon in cases where the beneficiary is abroad :—

widow's (contributory) pension; orphan's (contributory) allowance; old age (contributory) pension and benefit under Section 26 (3) of the Social Welfare Act, 1952 ; and death benefit. An increase of old age (contributory) pension for an adult dependant is not debarred by reason only of the adult dependant being abroad.

The Regulations allow payment of disability benefit, maternity allowance, and injury benefit (including any increases) during a temporary absence (usually not exceeding 26 weeks in the case of disability benefit and maternity allowance) in Northern Ireland, Great Britain or the Isle of Man or elsewhere abroad for the purpose of receiving specific treatment. Unemployment benefit is payableabroad in Northern Ireland only. Increases to these benefits for dependants are not debarred by reason only of the dependants being abroad where the beneficiary is also abroad. Where the beneficiary is in the State and the husband or wife is abroad, the increase in respect of the spouse will be paid for up to three months or such longer period not exceeding twelve months as the Minister may allow.

Under the Regulations disablement benefit (other than increases) is payable where the beneficiary is abroad. Increases of disablement pension are payable abroad in the following circumstances:—

an increase for constant attendance is payable for not more than 6 months; unemployability supplement may be paid during an absence for the purpose of receiving specific treatment or where an increase for constant attendance is payable; and an increase in respect of a child is payable where the beneficiary is entitled to receive unemployability supplement. Increase of disablement pension in respect of a husband or wife is not debarred by reason only of the spouse being abroad where the beneficiary is also abroad. Where the beneficiary is in the State and the spouse abroad, the increase in respect of the spouse will be paid for up to three months or such longer period not exceeding twelve months as the Minister may allow.

The Regulations provide that payment of disability benefit, maternity allowance, unemployment benefit, injury benefit together with any increases of these benefits and any increase of disablement pension payable in respect of a period spent in the State may be suspended while the beneficiary is abroad except where an approved person in the State is nominated to receive payment. Similar provisions apply where the benefits are paid in cases where the beneficiary is abroad for treatment.