S.I. No. 101/1979 - Social Welfare (Claims and Payments) (Amendment) Regulations, 1979.


S.I. No. 101 of 1979.

SOCIAL WELFARE (CLAIMS AND PAYMENTS) (AMENDMENT) REGULATIONS, 1979.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 3, 29 and 47 (as amended by section 15 of the Social Welfare Act, 1970 (No. 12 of 1970)) of the Social Welfare Act, 1952 (No. 11 of 1952 ) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (Claims and Payments) (Amendment) Regulations, 1979.

(2) These Regulations and the Social Welfare (Claims and Payments) Regulations, 1952 to 1973, may be cited together as the Social Welfare (Claims and Payments) Regulations, 1952 to 1979.

2. These Regulations shall come into operation on the 6th day of April, 1979.

3. In these Regulations—

"the Principal Regulations" means the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 );

"the Regulations of 1970" means the Social Welfare (Claims and Payments) (Amendment) Regulations, 1970 ( S.I. No. 228 of 1970 );

4. Article 6 of the Principal Regulations is hereby amended—

( a ) by the substitution for sub-articles (1) and (2) of the following sub-articles:—

"(1) Subject to any directions given by the Minister in any particular case or class of cases, a claim for unemployment benefit shall be made at a local office and every person who makes a claim for unemployment benefit shall when so doing lodge the certificate delivered to him by his employer in accordance with regulation 22 (2) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ) at the local office or furnish such other evidence of cessation of employment as may be required.

(2) Where the Minister is satisfied that a claimant is unable or has omitted for good cause to lodge the certificate referred to in sub-article (1) of this article he may dispense with that requirement." and

( b ) by the deletion of sub-article (3).

5. Article 6A of the Principal Regulations (as inserted by the Regulations of 1970) is hereby amended—

( a ) by the substitution for sub-articles (1) and (2) of the following sub-articles:—

"(1) Every person making a claim for retirement pension shall forward with the claim the certificate delivered to him by his employer in accordance with regulation 22 (2) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ) or furnish such other evidence of cessation of employment as may be required except where he makes the claim prior to his retirement, in which event, the said certificate should not be surrendered until he has retired.

(2) The provisions of sub-article (1) of this article shall be deemed to have been complied with by a claimant who has lodged the certificate at the local office in connection with a claim to unemployment benefit or unemployment assistance or in any other circumstances." and

( b ) by the deletion of sub-article (3).

GIVEN under the Official Seal of the Minister for Social Welfare this 30th day of March, 1979.

CHARLES J. HAUGHEY,

Minister for Social Welfare.

EXPLANATORY NOTE.

The effect of the Regulation is to require a person claiming Unemployment Benefit at a local office of the Department of Social Welfare to lodge his income tax certificate of cessation of employment (Form P.45) instead of his insurance card. Similarly, a person claiming Retirement Pension will be required to furnish the form P.45 with his claim. The use of insurance cards will cease on 5 April, 1979.