S.I. No. 179/1988 - Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1988.

S.I. No. 179 of 1988.

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1988.

The Minister for Social Welfare, in exercise of the powers conferred on him by Sections 3 , 19 , 30 , 42 , 43 , 46 , 79 , 84 , 93 and 101 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 (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1988.

PART I ALTERATION IN REDUCED RATES OF DISABILITY BENEFIT AND UNEMPLOYMENT BENEFIT

2. This part shall come into operation on the 25th day of July 1988 for Disability Benefit and on the 21st day of July 1988 for Unemployment Benefit.

3. The following Schedule shall be substituted for the First Schedule to the Social Welfare (Disability, Unemployment and Marriage Benefit) Regulations, 1953 ( S.I. No. 7 of 1953 ).

SCHEDULE

"First Schedule

Article 4

Reduced Rates of Disability Benefit and Unemployment Benefit

(1)	(2)
	Full weekly rate of benefit applicable under Part I of the Second Schedule to the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) as amended by the Social Welfare Act, 1988 (No.1 of 1988)
	£43.60
Number of qualifying contributions or credited contributions 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—47	£41.90
33—40	£40.30
26—32	£39.10
Where the period of interruption of employment commenced on or after 6 April 1987
39—47	£41.90

PART II

INCREASED RATES OF BENEFITS AND PENSIONS UNDER THE OCCUPATIONAL INJURIES SCHEME

4. This part shall come into operation on the 25th day of July, 1988 and shall be construed as one with the Social Welfare (Occupational Injuries) Regulations, 1967 to 1983, and the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1984 to 1987.

5. In this part:—

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

"the Regulations of 1987" means the Social Welfare (Amendment of miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1987 ( S.I. No. 189 of 1987 ).

6. The Principal Regulations are hereby amended—

(1) By the substitution for the Second Schedule thereto (inserted by the Regulations of 1987) of the Schedule set out in Schedule A to this Part, subject in respect of the Scale set out in the said second Schedule, as amended by these Regulations, to the provisions as follows—

(a) the rates of pension specified in column (3) of the Scale shall have effect on and from the 25th day of July 1988 whether the period taken into account by the assessment began on, before or after that date, and,

(b) the amounts of gratuity specified in column (2) of the Scale shall be payable only where the period taken into account by the assessment of the degree of disablement began on, or after the 25th day of July 1988.

(2) By the substitution for the Fourth Schedule thereto (added to the said Regulations by the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1981 (S.I. No. 340 of 1981) and as inserted by the Regulations of 1987) of the Schedule set out in Schedule B to this Part.

SCHEDULE A

"Second Schedule

Articles 6 and 7

Scale of Disablement Gratuities and of Weekly Rates of Pension in lieu of Disablement Gratuities

Degree of Disablement (1)	Amount of Gratuity		Weekly Rate of Pension
Degree of Disablement (1)	(2)		(3)
For Persons under age 66	For Persons aged 66 or over	For Persons under age 66	For Persons aged 66 or over
Per Cent	£	£	£	£
1	464	472	0.67	0.68
2	696	708	1.33	1.36
3	928	944	2.00	2.05
4	1,160	1,180	2.67	2.73
5	1,392	1,416	3.34	3.41
6	1,624	1,652	4.00	4.09
7	1,856	1,888	4.67	4.77
8	2,088	2,124	5.34	5.46
9	2,320	2,360	6.00	6.14
10	2.552	2,596	6.67	6.82
11	2,784	2,832	7.34	7.50
12	3,016	3,068	8.00	8.18
13	3,248	3,304	8.67	8.87
14	3,480	3,540	9.34	9.55
15	3,712	3,776	10.01	10.23
16	3,944	4,012	10.67	10.91
17	4,176	4,248	11.34	11.59
18	4,408	4,484	12.01	12.28
19	4,640	4,720	12.67	12.96

SCHEDULE B

"Fourth Schedule

Article 4

PART I

Weekly Rates of Injury Benefit payable to persons under the age of sixteen years.

	Weekly rate
(1)	(2)
	£
a) Where the relevant employment or (if more than one) the relevant employments were, or amounted in the aggregate to, full time employment or substantially fulltime employment	59.90
b) In any other case	21.60

PART II

Article 9

Increases of Disablement Pension where the beneficiary requires constant attendance.

	Weekly rate
(1)	(2)
	£
(a) Increase where the beneficiary (not being a person included in (b) or (c) following) is to a substantial extent dependent on such attendance for the necessities of life and is likely to remain so dependent for life or for a period of not less than six months—
(i) Where the attendance required is whole-time
(a) Beneficiary under age 66	26.70
(b) Beneficiary aged 66 or over	27.20
(ii) Where the attendance required is part/time only
a) Beneficiary under age 66	13.35
b) Beneficiary aged 66 or over	13.60
(b) Increase where the extent of such attendance required is greater by reason of the beneficiary's exceptionally severe disablement,
(i) Beneficiary under age 66	40.05
(ii) Beneficiary aged 66 or over	40.80
(c) Increase where the beneficiary is so exceptionally severely disabled as to be entirely or almost entirely dependent on such attendance for the necessities of life and is likely to remain so for life or for a period of not less than six months and the attendance so required is whole-time
(i) Beneficiary under age 66	53.40
(ii) Beneficiary aged 66 or over	54.30

Part III

ALTERATION IN REDUCED WEEKLY RATES OF OLD AGE (CONTRIBUTORY) PENSION, RETIREMENT PENSION, WIDOW'S (CONTRIBUTORY) PENSION AND DESERTED WIFE'S BENEFIT

7. In this part:

"The Regulations of 1987" means the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1987 ( S.I. No. 189 of 1987 ).

8. Articles 9 and 10 of these Regulations shall come into operation on the 29th day of July 1988 and articles 11 and 12 on the 28th day of July 1988.

9. The following Schedule shall be substituted for the Schedule to the Social Welfare (Old Age (Contributory) Pension) Regulations, 1960 ( S.I. No. 274 of 1960 ) as substituted by article 9 of the Regulations of 1987.

"SCHEDULE

Reduced rates of old age (contributory) pensions where contribution conditions are partially satisfied.

Average number of contributions paid or credited per contribution year in the relevant period.	Weekly rate
	Pensioner aged under 80 years	Pensioner aged 80 years or over
	£	£
42 to 47	55.90	59.80
36 to 41	55.00	59.00
30 to 35	54.10	58.10
24 to 29	53.30	57.40
20 to 23	52.40	56.20

10. The following Schedule shall be substituted for the Schedule to the Social Welfare (Widows' and Orphans' (Contributory) Pensions) Regulations, 1966 ( S.I. No. 235 of 1966 ), as substituted by article 10 of the Regulations of 1987.

"SCHEDULE

Reduced rates of widows' (contributory) pensions where contribution conditions are partially satisfied.

Average number of contributions paid or credited per contribution year in the relevant period	Weekly Rate
	Widow aged under 66 years	Widow aged 66 years or over but under 80 years	Widow aged 80 years or over
	£	£	£
42 to 47	50.30	51.20	54.60
36 to 41	49.60	50.60	54.10
30 to 35	48.80	49.90	53.30
24 to 29	48.30	49.30	52.70

11. The following Schedule shall be substituted for the Schedule to the Social Welfare (Retirement Pension) Regulations, 1970 ( S.I. No. 225 of 1970 ), as substituted by article 11 of the Regulations of 1987.

"SCHEDULE

Reduced rates of retirement pensions where contribution conditions are partially satisfied.

Average number of contributions paid or credited per contribution year in the relevant period.	Weekly Rate
	Pensioner aged under 80 years	Pensioner aged 80 years or over
	£	£
42 to 47	55.90	59.80
36 to 41	55.00	59.00
30 to 35	54.10	58.10
24 to 29	53.30	57.40

12. The following Schedule shall be substituted for the Schedule to the Social Welfare (Deserted Wife's Benefit) Regulations, 1973 ( S.I. No. 202 of 1973 ) as substituted by article 12 of the Regulations of 1987.

"SCHEDULE

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied.

Average number of contributions paid or credited per contribution year in the relevant period	Weekly Rate
	Deserted Wife aged under 66 years	Deserted Wife aged 66 years or over but under 80 years	Deserted Wife aged over 80 years
	£	£	£
42 to 47	50.30	51.20	54.60
36 to 41	49.60	50.60	54.10
30 to 35	48.80	49.90	53.30
24 to 29	48.30	49.30	52.70

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

this 20th day of July 1988.

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 20th day of July, 1988.

RAY MCSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

Part I—Provides for increases in the existing scale of reduced rates of disability benefit and unemployment benefit payable where the contribution condition for receipt of the maximum rate of benefit is not satisfied. The new rates are payable from 25th July 1988 for disability benefit and from 21st July 1988 for unemployment benefit.

Part II—Provides for increased benefit rates, under the occupational injuries scheme;

—in the amounts of disablement gratuities appropriate to degrees of disablement assessed at less than 20%,

—in the rates of disablement pension in lieu of such gratuities,

—in the rates of injury benefit payable to persons under the age of sixteen,

—in the rates of constant attendance allowance.

The new rates are payable from 25th July 1988.

Part III—Provides for increases in the existing scales of reduced rates of old age contributory pensions, widows' contributory pensions, retirement pensions and deserted wife's benefit where the contribution conditions for receipt of the maximum rates are not satisfied. These increases take effect from 29th July 1988 in the case of old age contributory and widows' contributory pensions and from 28th July 1988 in the case of retirement pensions and deserted wife's benefit.