S.I. No. 63/1988 - Social Welfare (Preservation of Rights) (Amendment) Regulations, 1988.

S.I. No. 63 of 1988.

SOCIAL WELFARE (PRESERVATION OF RIGHTS) (AMENDMENT) REGULATIONS, 1988.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981 ) and by section 20 of the Social Welfare (No. 2) Act, 1985 (No. 14 of 1985) hereby makes the following regulations:—

1. These Regulations may be cited as the Social Welfare (Preservation of Rights) (Amendment) Regulations, 1988.

2. In these Regulations —

"The Principal Regulations" means the Social Welfare (Preservations of Rights) (No. 2) Regulations, 1986 (S.I. 422 of 1986).

3. Article 3 of the Principal Regulations is hereby amended by the addition of the following:

"Relevant date of adjustment" means —

( a ) the 20th day of July, 1988 in the case of unemployment assistance,

( b ) the 21st day of July, 1988 in the case of unemployment benefit,

( c ) the 25th day of July, 1988 in the case of disability benefit, maternity allowance, injury benefit, disablement benefit,

( d ) the 28th day of July, 1988 in the case of retirement pension, invalidity pension,

( e ) the 29th day of July, 1988 in the case of old age (contributory) pension.

4. The Principal Regulations are hereby amended by the insertion after article 6 of the following article:

"6A Where at the relevant date of adjustment a person to whom these Regulations apply is entitled to or is in receipt of any relevant payment, the weekly rate of that relevant payment and of any other relevant payment to which that person becomes entitled without a break after that date shall, subject to article 7 of these Regulations, be increased:—

( a ) in the case of persons to whom these Regulations apply by virtue of the provisions of article 5(a) of these Regulations, by the sum of £18 and

( b ) in the case of persons to whom these Regulations apply by virtue of the provisions of article 5 (b) of these Regulations, by the sum of

(i) £9, and

(ii) where the relevant payment includes an increase in respect of a qualified child or qualified children, a corresponding increase at the rate applying before the relevant date of adjustment."

5. Article 7 of the Principal Regulations is hereby amended by:

( a ) the substitution for sub-article (1), as amended by the Social Welfare (Preservation of Rights) (No. 2) (Amendment) Regulations, 1987, (S.I. 351 of 1987) of the following sub-article:—

"(1) An increase in a payment under article 6 of these Regulations shall be paid for the duration of the period of continuous entitlement to that payment or until the relevant date of adjustment whichever is the shorter."

( b ) the insertion after sub-article (1) of the following sub-article,

"(1A) An increase in a payment under article 6A of these Regulations shall be paid for the duration of the period of continuous entitlement to that payment or until:—

( a ) the 2nd day of January, 1989 in the case of disability benefit, maternity allowance, injury benefit,

( b ) the 4th day of January, 1989 in the case of unemployment assistance,

( c ) the 5th day of January, 1989 in the case of retirement pension, invalidity pension and unemployment benefit,

( d ) the 6th day of January, 1989 in the case of old age (contributory) pension and disablement benefit,

whichever is the shorter."

( c ) the insertion in sub-article (2) after "article 6" of "or article 6A",

( d ) the insertion in sub-article (3) after "article 6" of "or article 6A",

( e ) the insertion in sub-article (4) after "article 6(b)(ii)" of "or article 6A (b)(ii)",

( f ) the insertion after sub-article (4) of the following sub-article

"(4A) An increase in payment in respect of a qualified child under article 6(b) (ii) or article 6A(b)(ii) shall, subject to sub-article(1) and (1A) of this article, continue in payment for as long as that child remains a qualified child."

GIVEN under the Official Seal of the Minister for Social Welfare this 3rd day of April 1988.

MICHAEL WOODS,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 3rd day of April 1988.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide that the transitional payments being made to persons whose social welfare payments were reduced as a consequence of the revised dependency arrangements introduced under the Social Welfare (No. 2) Act, 1985 shall continue to be made up to the week commencing 2 January 1989.

The Regulations also provide that:

( a ) the weekly amount of the transitional payment to persons who are no longer entitled to an increase in payment for a spouse because the spouse is entitled to a social welfare payment in his or her own right, will be £20 up to the third week of July 1988 and £18 after that;

( b ) the weekly amount of the transitional payment of £10 to persons who ars no longer entitled to an increase in payment for a spouse because the spouse is in employment or is self-employed with an income in excess of £50 per week, will be £10 up to the third week of July 1988 and £9 after that;

( c ) the additional payments in respect of child dependents to persons in receipt of the £10 payment will continue at their July 1987 level.