S.I. No. 107/1987 - Social Welfare (Reduced Rates of Disability Benefit and Unemployment Benefit) Regulations, 1987.

S.I. No. 107 of 1987.

SOCIAL WELFARE (REDUCED RATES OF DISABILITY BENEFIT AND UNEMPLOYMENT BENEFIT) REGULATIONS, 1987.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 19 , 30 and 133 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 (Reduced Rates of Disability Benefit and Unemployment Benefit) Regulations, 1987.

2. In these Regulations—

"the Act" means the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

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

"the Regulations of 1953" means the Social Welfare (Disability Benefit, Marriage Benefit, Maternity Benefit and Miscellaneous Provisions) (Transitional) Regulations, 1953 ( S.I. No. 6 of 1953 );

"the Regulations of 1986" means the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) (No. 3) Regulations, 1986 ( S.I. No. 255 of 1986 ).

3. These Regulations shall come into effect on the 6th day of April, 1987.

4. (1) Article 4 of the Principal Regulations (as amended by the Regulations of 1986) is hereby amended by the substitution for sub-articles (1) and (2) of the following sub-articles:

"(1) Where a person would be entitled to disability benefit or unemployment benefit but for the fact that the relevant contribution conditions are not satisfied as respects the number of qualifying contributions or credited contributions in respect of the relevant contribution year, he shall nevertheless be entitled to benefit in accordance with and subject to sub-articles (2), (3) and (4) of this article where he has—

(a) in the case of a period of interruption of employment commencing before the 6th day of April, 1987, qualifying contributions or credited contributions in respect of not less than twenty six contribution weeks in respect of such year, or

(b) in the case of a period of interruption of employment commencing on or after the 6th day of April, 1987, qualifying contributions or credited contributions in respect of not less than thirty nine contribution weeks in respect of such year.

(2) The benefit payable to a person under sub-article (1) shall be at the reduced rate specified at column (2) of the First Schedule hereto, which corresponds with the number of qualifying contributions or credited contributions in respect of the relevant contribution year as shown in column (1) of the said First Schedule.".

5. The following Schedule shall be substituted for the First Schedule to the Principal Regulations.

Article 4.

SCHEDULE

"FIRST SCHEDULE

REDUCED RATES OF DISABILITY BENEFIT AND UNEMPLOYMENT BENEFIT

(1)	(2)
	Full weekly rate of benefit applicable under Part 1 of the Second Schedule to the Social Welfare (Consolidation) Act, 1981 as amended by the Social Welfare Act, 1986 (No. 8 of 1986)
	£41.10
NUMBER OF QUALIFYING CONTRIBUTIONS OR CREDITED CONTRIBUTED IN RESPECT OF THE RELEVANT CONTRIBUTION YEAR	Reduced rate at which benefit is payable
Where the period of interruption of employment commenced before 6 April, 1987:
41 to 47	£39.55
33 to 40	£38.00
26 to 32	£36.75
Where the period of interruption of employment commences on or after 6 April, 1987:
39 to 47	£39.55

6. Article 6 of the Regulations of 1953 is hereby amended by the substitution of the following article:—

"6. In determining for the purposes of sub-section (1) of section 22 of the Act whether the qualifying contributions have been paid in respect of an existing contributor, every two contributions under the National Health Insurance Acts actually paid by or in respect of such contributor since last entry into insurance under those Acts shall be treated as three qualifying contributions paid under the Act and any odd contribution under the said Acts shall be treated as two qualifying contributions paid under the Act.".

GIVEN under the Official Seal of the Minister for Social Welfare this 3rd day of April, 1987.

MICHAEL WOODS,

Minister for Social Welfare.

The Minister for Finance hereby sanctions the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 3rd day of April 1987.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for an increase from 26 to 39 in the number of qualifying contributions or credited contributions required for entitlement to the reduced rate of disability or unemployment benefit for new claims commencing on or after 6 April, 1987.

Section 8 (2) of the Social Welfare Act, 1987 provides for an increase from 156 to 208 in the number of paid contributions required for entitlement to disability benefit beyond 312 days. These Regulations also provide that in determining whether the claimant satisfies the requirement of having 208 contributions paid each two contributions paid under the National Health Insurance Acts will count as three and every odd contribution will count as two.