S.I. No. 252/1972 - Social Welfare (Old Age (Care) Allowance) (Amendment) Regulations, 1972.

S.I. No. 252 of 1972.

SOCIAL WELFARE (OLD AGE (CARE) ALLOWANCE) (AMENDMENT) 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) and section 21 of the Social Welfare Act, 1970 (No. 12 of 1970) as amended by section 18 of the Social Welfare Act, 1972 (No. 15 of 1972), hereby makes the following Regulations :—

1. In these Regulations "the Principal Regulations" means the Social Welfare (Old Age (Care) Allowance) Regulations, 1970 ( S.I. No. 226 of 1970 ).

2. The Principal Regulations are hereby amended by the deletion of the word "female" in each place where that word occurs in article 3 and in sub-articles (a), (c), (d) and (g) of article 5.

3. Article 4 of the Principal Regulations is hereby amended by the substitution thereof of the following :—

"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 hereby specified to be relatives for the purpose of section 21 (1) of the Act of 1970."

4. Article 5 of the Principal Regulations is hereby further amended by the substitution—

(1) of the following paragraph for paragraph (d) thereof :—

"(d) the specified 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 specified relative;"

(2) of the following paragraph for paragraph (e) thereof :—

"(e) the incapacitated person shall not be in receipt of or entitled to receive an old age pension, old age (contributory) pension, widow's (contributory) pension, invalidity pension, retirement pension or a payment in respect of need for constant attendance under the Social Welfare (Occupational Injuries) Act, 1966 ;" and

(3) of the following paragraph for paragraph (f) thereof :—

"(f) the specified relative shall not be a married person wholly or mainly maintained by his or her spouse."

5. (1) These Regulations may be cited as the Social Welfare (Old Age (Care) Allowance) (Amendment) Regulations, 1972.

(2) The Principal Regulations and these Regulations may be cited together as the Social Welfare (Old Age (Care) Allowance) Regulations 1970 and 1972.

6. These Regulations shall come into operation on the 5th day of October, 1972.

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.

These regulations give effect to the provisions of section 21 of the Social Welfare Act, 1972 extending the scheme of old age (care) allowance (payable, under conditions prescribed in regulations, to certain incapacitated persons over 70 years of age in respect of whom a specified relative is providing full-time care and attention), to include male relatives.

The regulations also make certain other adjustments in the Principal Regulations consequential on the provisions of the 1972 Act and new regulations made thereunder relating to the scheme of prescribed relative allowances payable to certain pensioners.