1. HomeBaile
  2. Statutory InstrumentsIonstraimí Reachtúla
  3. 1986
  4. S.I. No. 237/1986 - Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1986.

S.I. No. 237/1986 - Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1986.

S.I. No. 237 of 1986.

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) (No. 2) REGULATIONS, 1986.

The Minister for Social Welfare, in exercise of the powers conferred on her by sections 3 , 18 , 23 , 45 and 61 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Miscellaneous Social Insurance Provisions) (Amendment) (No. 2) Regulations, 1986.

2. In these Regulations—

"The Act" means the Social Welfare (Consolidation) Act, 1981 ;

"The Regulations of 1953" means the Social Welfare (Disability, Unemployment and Marriage Benefit) Regulations, 1953 ( S.I. No. 7 of 1953 ), and

"The Regulations of 1967" means the Social Welfare (Occupational Injuries) Regulations. 1967 ( S.I. No. 77 of 1967 ).

3. Article 7 of the Regulations of 1953 is hereby amended by the substitution in subparagraph (ii) of paragraph (b) (as substituted by article 3 of the Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) (No. 2) Regulations, 1965 ( S.I. No. 52 of 1965 ) and as amended by article 3 of the Social Welfare (Disability and Unemployment Benefit) (Amendment) (No. 2) Regulations, 1980 ( S.I. No. 287 of 1980 )) for the words "two pounds" of the words "four pounds".

4. Article 11 of the Regulations of 1953 is hereby amended by the substitution in sub-article (1) for the words "six weeks" of the words "nine weeks".

5. Rule 4 of the Rules of Behaviour specified in the Third Schedule to the Regulations of 1953 and the Regulations of 1967 is hereby amended by the deletion of "(provided, however, that women shall not be visited otherwise than by women)".

6. Rule 5 of the Rules of Vehaviour specified in the Third Schedule to the Regulations of 1953 (as substituted by article 5 of the Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) Regulations, 1962 ( S.I. No. 135 of 1962 ) and as amended by article 4 of the Social Welfare (Disability and Unemployment Benefit) (Amendment) (No. 2) Regulations, 1980 ( S.I. No. 287 of 1980 )), is hereby amended by the substitution in paragraphs (b) and (c) for the words "twelve pounds" of the words "twenty-four pounds".

7. Rule 5 of the Rules of Behaviour specified in the Third Schedule to the Regulations of 1967, as amended by article 8 of the Social Welfare (Occupational Injuries) Regulations, 1981 ( S.I. No. 136 of 1981 ), is hereby amended by the substitution in paragraphs and for the words "twelve pounds" of the words "twenty-four pounds".

8. (1) For the purpose of section 45 (2) (a) of the Act, as amended by section 13 of the Social Welfare (Amendment) Act, 1981 (No. 3 of 1981), the prescribed amount of earnings in a year shall be £936.

(2) Rule 6 of the Rules of Behaviour specified in the Third Schedule to the Regulations of 1967, as amended by article 9 (2) of the Social Welfare (Occupational Injuries) Regulations, 1981 ( S.I. No. 136 of 1981 ), is hereby amended by the substitution for the words "nine pounds" of the words "eighteen pounds".

9. Sub-article (1) of article 9 of the Social Welfare (Occupational Injuries) Regulations, 1981, is hereby revoked.

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

3rd day of July 1986.

GEMMA HUSSEY,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations increase from 6 to 9 weeks the disqualification period for disability benefit where a claimant becomes incapable of work through misconduct or fails without good cause to either attend for medical examination or to observe the Rules of Behaviour. They also remove the legal barrier which requires that only a female sickness visitor is permitted to visit a person claiming disability benefit, injury benefit or an increase of disablement pension by way of unemployability supplement.

The Regulations increase from £2 to £4 a day the amount of remuneration or profit which may be derived from a subsidiary occupation without affecting title to unemployment benefit for such a day. They also increase from £12 to £24 the weekly amount a person may earn from certain types of work specified in the Rules of Behaviour which claimants to disability benefit and injury benefit must observe. They also increase from £9 to £18 the weekly amount a person may earn without contravening the Rules of Behaviour which claimants to an increase of disablement pension by way of unemployability supplement must observe.