S.I. No. 248/1972 - Social Welfare (Prescribed Relative) Regulations, 1972.

S.I. No. 248 of 1972.

SOCIAL WELFARE (PRESCRIBED RELATIVE) REGULATIONS, 1972.

The Minister for Social Welfare in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952), section 26 (4) of the said Act (inserted by section 9 of the Social Welfare (Miscellaneous Provisions) Act, 1968 (No. 31 of 1968)) as amended by section 15 of the Social Welfare (Miscellaneous Provisions) Act, 1969 (No. 19 of 1969) and section 8 (1) of the Social Welfare Act, 1972 (No. 15 of 1972), and section 77 (5) of the said Act (inserted by section 16 of the Social Welfare (Miscellaneous Provisions) Act, 1969 ) as amended by section 11 (1) of the Social Welfare Act, 1972 , hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Prescribed Relative) Regulations, 1972.

2. In these Regulations "the Act of 1952" means the Social Welfare Act, 1952 and "the Act of 1966" means the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966).

3. The Social Welfare (Prescribed Female Relative) (Transitional) Regulations ( S.I. No. 55 of 1969 ), the Social Welfare (Prescribed Female Relative) Regulations, 1969 ( S.I. No. 268 of 1969 ) and the Social Welfare (Prescribed Female Relative) (Amendment) Regulations, 1970 ( S.I. No. 186 of 1970 ) are hereby revoked.

4. These Regulations shall come into operation on the 5th day of October, 1972 in respect of increase of pension under section 26 (4) of the Act of 1952 and on the 6th day of October, 1972 in respect of increase of pension under section 77 (5) of the Act of 1952.

5. A brother, a half-brother, a son, a step-son, a grand-son, a son-in-law, a nephew, a sister, a half-sister, a daughter, a step-daughter, a grand-daughter, a daughter-in-law and a niece are each specified to be prescribed relatives for the purposes of section 26 (4) and section 77 (5) of the Act of 1952.

6. The following conditions shall be fulfilled in respect of an increase of pension in respect of a prescribed relative under section 26 (4) and section 77 (5) of the Act of 1952—

(a) the beneficiary or pensioner, as the case may be, shall be living alone, and, for the purpose of this paragraph, the residence of—

(i) the prescribed relative,

(ii) children under the age of 18 or

(iii) persons aged 18 or over who are mentally or physically incapacitated,

shall be disregarded,

(b) the prescribed relative shall not be engaged in employment outside the home of the beneficiary or pensioner for whom full-time care and attention is being provided,

(c) the prescribed relative shall not be in receipt of or entitled to receive—

(i) unemployment benefit, unemployment assistance, disability benefit, maternity allowance, injury benefit, unemployability supplement, or

(ii) death benefit by way of widow's pension or death benefit by way of widower's pension or death benefit by way of parent's pension at the higher rate under the Act of 1966, or old age (contributory) pension, invalidity pension, retirement pension, widow's (contributory) pension, or

(iii) old age pension, widow's (non-contributory) pension or deserted wife's allowance where such pension or allowance is or would be equal to or greater than the increase in respect of a prescribed relative,

(d) the beneficiary or pensioner, as the case may be, shall not be in receipt of a payment in respect of need for constant attendance under the Act of 1966,

(e) the prescribed relative shall not be a married person wholly or mainly maintained by his or her spouse.

7. The conditions set out in article 6 of these Regulations shall not apply as respects a beneficiary or pensioner, as the case may be, who immediately before the coming into operation of these Regulations was in receipt of an increase in pension in respect of a prescribed female relative, during such period as the conditions under which the increase of pension is granted remain fulfilled.

GIVEN under the Official Seal of the Minister for Social Welfare this

4th day of October, 1972.

JOSEPH BRENNAN,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare Act, 1972 , provides for certain extensions of the scheme under which an increase of pension is payable under conditions prescribed in regulations to old age contributory and non-contributory pensioners and widow contributory pensioners over 70 years of age, in respect of whom a female relative (also prescribed) is providing full time care and attention. These extensions provide for male relatives being prescribed in addition to female relatives and for payment of the increase with retirement and invalidity pensions in certain cases.

These regulations give effect to the relevant provisions of the 1972 Act by revoking the regulations referred to above, by prescribing similar conditions, modified as necessary to take account of the extensions of the scheme provided in that Act, and by prescribing an extended category of relatives which includes male relatives corresponding to the female relatives prescribed in the revoked regulations. The regulations also provide for the continuance of allowances already granted under earlier regulations.