S.I. No. 166/1989 - Social Welfare (Unemployment Payments) Regulations 1989.

S.I. No. 166 of 1989.

SOCIAL WELFARE (UNEMPLOYMENT PAYMENTS) REGULATIONS 1989.

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 142 of that Act (as amended by section 14 of the Social Welfare Act, 1989 ) (No. 4 of 1989)) hereby makes the following Regulations:—

1. These Regulations may he cited as the Social Welfare (Unemployment Payments) Regulations, 1989 and shall come into operation on the 19th day of July, 1989.

2. (1) In these Regulations—

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 .

"date of option" means the date on which a person opts to receive unemployment assistance in lieu of unemployment benefit in accordance with Article 3.

(2) A reference to an Article means a reference to an Article of these Regulations

3. Where a person is in receipt of, or entitled to, unemployment benefit and would, but for the provisions of section 142 (1) (d) of the Principal Act, be entitled to unemployment assistance at a rate calculated in accordance with section 140 (1) of that Act appropriate to a person who has been continuously unemployed for the purposes of section 135 (2) of that Act and who has been in receipt of unemployment benefit or unemployment assistance for a period of not less than 390 days, such person may opt to receive unemployment assistance in lieu of unemployment benefit.

4. A person who, in any period of interruption of employment for the purposes of section 29 of the Principal Act, opts under the provisions of Article 3 to receive unemployment assistance in lieu of unemployment benefit shall not be entitled in the same period of interruption of employment to revoke the option unless the rate of unemployment assistance is reduced below that to which he was entitled at the date of option.

5. Where an option under Article 3 is revoked in accordance with Article 4, the person revoking such option shall not be entitled to receive unemployment assistance in respect of any day or days for which unemployment benefit is payable.

GIVEN under the Official Seal of the Minister for Social Welfare this 29th

day of June, 1989.

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 29th day

of June, 1989.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE

Arising from the increases in the rate of long-term unemployment assistance provided for in the Social Welfare Act, 1989 , the maximum rate of long-term unemployment assistance will exceed the rate of unemployment benefit with effect from 19 July, 1989. The purpose of these Regulations is to provide unemployed persons who would be entitled to unemployment benefit and long-term unemployment assistance with an option of receiving either payment. The Regulations provide that once an option is made to receive unemployment assistance it can only be revoked if the rate of unemployment assistance which he is entitled is reduced.