S.I. No. 152/1992 - European Communities (Social Welfare) Regulations, 1992.

S.I. No. 152 of 1992.

EUROPEAN COMMUNITIES (SOCIAL WELFARE) REGULATIONS, 1992.

I CHARLES McCREEVY, Minister for Social Welfare, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following Regulations:

PART IGENERAL

1 Citation.

1. These Regulations may be cited as the European Communities (Social Welfare) Regulations, 1992.

2 Interpretation.

2. In these Regulations—

"the Principal Act" has the meaning assigned to it by article 3 (2) of these Regulations;

"assistance" means any of the payments specified in section 134 (1) of the Principal Act;

"benefit" means any benefit specified in section 17 (1) of the Principal Act;

"the Minister" means the Minister for Social Welfare;

"relevant period" means the period commencing on the 23rd day of December, 1984 and ending on—

( a ) the 16th day of November, 1986 in the case of a claim of disability benefit or injury benefit,

( b ) the 18th day of November, 1986 in the case of a claim for unemployment assistance,

( c ) the 19th day of November, 1986 in the case of a claim for retirement pension, invalidity pension or unemployment benefit,

( d ) the 20th day of November, 1986 in the case of a claim for old age (contributory) pension, old age pension; blind pension or disablement benefit;

"relevant person" means a person who was or who, by virtue of these Regulations, becomes entitled to a specified payment in respect of the relevant period;

"specified payment" means any of the following payments, including any increase in such payment—

( a ) disability benefit,

( b ) unemployment benefit,

( c ) injury benefit,

( d ) disablement benefit,

( e ) old age (contributory) pension,

( f ) retirement pension,

( g ) invalidity pension,

( h ) unemployment assistance,

( i ) old age pension, or

( j ) blind pension.

PART II APPLICATION OF REGULATIONS

3 Application of regulations.

3. (1) These Regulations shall apply for the purposes of determining or reviewing the entitlement of a relevant person to a specified payment in respect of the relevant period or any part thereof and for no other purpose.

(2) In these Regulations, unless the context otherwise requires, the "Principal Act" means the provisions of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), as amended by—

( a ) the Social Welfare (Amendment) Act, 1981 (No. 3 of 1981),

( b ) the Social Welfare Act, 1982 (No. 2 of 1982),

( c ) the Social Welfare Act, 1983 (No. 6 of 1983),

( d ) the Social Welfare Act, 1984 (No. 5 of 1984), or

( e ) the Social Welfare (Amendment) Act, 1984 (No. 27 of 1984).

(3) The entitlement of a relevant person shall be determined or reviewed under—

( a ) these Regulations, and

( b ) the Principal Act (and regulations thereunder) as amended by—

(i) the Social Welfare Act, 1985 (No. 5 of 1985),

(ii) the Social Welfare (No. 2) Act, 1985 (No. 14 of 1985), or

(iii) the Social Welfare Act, 1986 (No. 8 of 1986),

as affected by these Regulations and in force during the period in respect of which the claim is made.

(4) The Principal Act or regulations made thereunder as affected by these Regulations shall have effect for determining or reviewing entitlement in the relevant period only.

PART III HOUSEHOLD SUPPLEMENT

4 Household supplement.

4. (1) Subject to these Regulations, an increase in a specified payment by way of a household supplement shall be payable to a relevant person in any of the circumstances specified in sub-article (2) of this article and the amount of the household supplement payable shall be determined in accordance with article 5 of these Regulations.

(2) The following circumstances are hereby specified for the purposes of sub-article (1) of this article—

( a ) where the spouse of a relevant person (other than a relevant person who is entitled to or in receipt of an old age pension or a blind pension), being wholly or mainly maintained by that person does not have weekly income, calculated or estimated in accordance with sub-article (4) of this article, in access of £50 from employment, self-employment or otherwise, and is not entitled to, or in receipt of, any benefit or assistance (other than maternity allowance, disablement benefit under section 43 of the Principal Act, death benefit under section 52 of the Principal Act, orphan's (contributory) allowance, orphan's (non-contributory) pension or supplementary welfare allowance) or disabled person's maintenance allowance under section 69 of the Health Act, 1970 ,

( b ) where a person who is—

(i) over the age of 16 years,

(ii) being wholly or mainly maintained by a relevant person (other than a relevant person who is entitled to or in receipt of an old age pension or a blind pension), and

(iii) not entitled to or in receipt of any benefit or assistance is his own right,

has the care of one or more than one qualified child who normally resides with the relevant person and that relevant person is—

(I) a single person, or

(II) a widow or widower, or

(III) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by such married person's spouse,

( c ) where the spouse of a relevant person (other than a relevant person who is entitled to or in receipt of an old age pension or a blind pension) has weekly income, calculated or estimated in accordance with sub-article (4) of this article, in excess of £50 from employment, self-employment or otherwise,

( d ) subject to paragraphs (e) and (f) of this sub-article, where the spouse of a relevant person (other than a relevant person who is entitled to or in receipt of old age pension or blind pension) is entitled to, or in receipt of, any benefit or assistance (other than maternity allowance, disablement benefit under section 43 of the Principal Act, death benefit under section 52 of the Principal Act, orphan's (contributory) allowance, old age pension, blind pension, orphan's (non-contributory) pension or supplementary welfare allowance) or disabled person's maintenance allowance under section 69 of the Health Act, 1970 ,

( e ) subject to paragraph (g) of this sub-article, in the case of a couple both of whom are relevant persons, where either spouse is entitled to or in receipt of unemployment assistance,

( f ) where a relevant person is entitled to or in receipt of an old age (contributory) pension, retirement pension or invalidity pension and the spouse of that person is also entitled to or in receipt of any of the said pensions,

( g ) where a relevant person is entitled to or in receipt of an old age pension or a blind pension and the spouse of that person is entitled to or in receipt of any benefit or assistance (other than maternity allowance),

( h ) where a relevant person is entitled to or in receipt of an old age pension or a blind pension and the spouse of that person is not entitled to or in receipt of any benefit or assistance, or

( i ) notwithstanding paragraphs (c), (d), (e), (f), (g) or (h) of this sub-article, where—

(i) the relevant person is a single person,

(ii) the relevant person is a married person and the spouse of the relevant person is living apart from that person and is not making a financial contribution to the maintenance of a qualified child who normally resides with the relevant person, or

(iii) the relevant person is entitled to or in receipt of old age pension or blind pension and the spouse of that person is entitled to or in receipt of maternity allowance.

(3) For the purposes of paragraph (e) of sub-article (2) of this article—

"couple" means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife;

"spouse" means each person of a couple in relation to the other.

(4) For the purposes of sub-article (2) of this article—

( a ) weekly income shall, subject to sub-article (5) of this article, be calculated or estimated—

(i) insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of all such earnings received in the previous two months where such earnings are received at monthly intervals or in the previous period of six weeks where such earnings are received at weekly or fortnightly intervals,

(ii) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the period of the last complete income tax year by 52,

(iii) insofar as it comprises income from any other source, by reference to the normal weekly amount of such income, and

( b ) any sums received by way of—

(i) disablement benefit under section 43 of the Principal Act (exclusive of unemployability supplement),

(ii) death benefit under section 52 of the Principal Act,

(iii) orphan's (contributory) allowance,

(iv) orphan's (non-contributory) pension,

(v) children's allowance or child benefit, or

(vi) allowances for domiciliary care of handicapped children under the Health Act, 1970 ,

shall be disregarded.

(5) Where in any case, a deciding officer or an appeals officer considers that the periods mentioned in paragraph (a) of sub-article (4) of this article would not be appropriate to determine the amount of weekly income, he may, for the purposes of this article, have regard to such other period or periods as appear to him to be appropriate for that purpose.

(6) Save as provided for in section 44 of the Principal Act (as modified by article 12 of these Regulations), an increase in disablement benefit by way of a household supplement shall not be payable.

5 Rates of household supplement.

5. (1) In the case of a relevant person to whom paragraph (a), (b), or (h) of sub-article (2) of article 4 of these Regulations applies, the weekly rate of the specified payment shall be increased—

( a ) in the case of any benefit—

(i) by the amount of the household supplement set out in column (3) of Part I of the Second Schedule to the Principal Act (as modified by article 6 of these Regulations), subject to the restriction that only one such increase shall be payable to the relevant person, and

(ii) by the appropriate amount of the household supplement set out in column (4), (4a), (5) or (5a) of Part I of the said Schedule in respect of each qualified child who normally resides with the relevant person, or

( b ) in the case of any assistance—

(i) by the amount of the household supplement set out in column (3) of Part I of the Fourth Schedule to the Principal Act (as modified by article 7 of these Regulations), or, in the case of old age pension or blind pension, by the amount of the household supplement calculated in accordance with Part III of the said Schedule, subject to the restriction that only one such increase shall be payable to the relevant person, and

(ii) by the appropriate amount of the household supplement set out in column (4), (4a), (5) or (5a) of Part I of the said Schedule in respect of each qualified child who normally resides with the relevant person, or

(2) In the case of a relevant person to whom paragraph (c), (e) (f) or (g) of sub-article (2) of article 4 of these Regulations applies, the weekly rate of the specified payment shall be increased—

( a ) in the case of any benefit, by one-half of the appropriate amount of the household supplement set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule to the Principal Act (as modified by article 6 of these Regulations), or

( b ) in the case of any assistance, by one-half of the appropriate amount of the household supplement set out in column (4), (4a), (5) or (5a) of Part I of the Fourth Schedule to the Principal Act (as modified by article 7 of these Regulations),

in respect of each qualified child who normally resides with the relevant person.

(3) in the case of a married couple, both of whom are relevant persons to whom paragraph (d) of sub-article (2) of article 4 of these Regulations applies (not being a relevant person to whom paragraph (a), (f) or (g) of the said sub-article (2) applies), the weekly rate of the specified payment shall be increased by one-half of—

( a ) the amount of household supplement set out in column (3) of Part I of the Second Schedule to the Principal Act (as modified by article 6 of these Regulations), subject to the restriction that only one such increase shall be payable to the relevant person, and

( b ) the appropriate amount of the household supplement set out in column (4), (4a), (5) or (5a) of Part I of the said Schedule in respect of each qualified child who normally resides with the relevant person.

(4) In the case of a relevant person to whom paragraph (i) of sub-article (2) of article 4 of these Regulations applies, the weekly rate of the specified payment shall be increased—

( a ) in the case of any benefit, by the appropriate amount of the household supplement set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule to the Principal Act (as modified by article 6 of these Regulations), or

( b ) in the case of any assistance, by the appropriate amount of the household supplement set out in column (4), (4a), (5) or (5a) of Part I of the Fourth Schedule to the Principal Act (as modified by article 7 of these Regulations),

in respect of each qualified child who normally resides with the relevant person.

PART IV EFFECT OF PRINCIPAL ACT

6 Rates of social insurance.

6. (1) ( a ) Subject to sub-article (2) of this article, the Principal Act shall have effect as if modified by the substitution for Parts I, III, IV and V of the Second Schedule thereto of the Parts set out in the Second Schedule to these Regulations.

( b ) This sub-article shall have effect from the 23rd day of December, 1984.

(2) ( a ) Subject to sub-article (3) of this article, the Principal Act shall have effect as if further modified by the substitution for Parts I, III, IV and V (inserted by sub-article (1) (a) of this article) of the Second Schedule thereto of the Parts set out in the Third Schedule to these Regulations.

( b ) This sub-article shall have effect—

(i) in so far as it relates to unemployment benefit, from the 4th day of July, 1985,

(ii) in so far as it relates to disability benefit, injury benefit and disablement pension, from the 8th day of July, 1985,

(iii) in so far as it relates to invalidity pension and retirement pension, from the 11th day of July, 1985, and

(iv) in so far as it relates to old age (contributory) pension, from the 12th day of July, 1985.

(3) ( a ) Subject to sub-article (4) of this article, the Principal Act shall have effect as if further modified by the substitution for Parts I, III, IV and V (inserted by sub-article (2) (a) of this article) of the Second Schedule thereto of the Parts set out in Fourth Schedule to these Regulations.

( b ) This sub-article shall have effect—

(i) in so far as it relates to unemployment benefit, from the 15th day of May, 1986,

(ii) in so far as it relates to disability benefit, injury benefit and disablement pension, from the 19th day of May, 1986,

(iii) in so far as it relates to invalidity pension and retirement pension, from the 22nd day of May, 1986, and

(iv) in so far as it relates to old age (contributory) pension, from the 23rd day of May, 1986.

(4) ( a ) The Principal Act shall have effect as if further modified by the substitution for Parts I, III and IV (inserted by sub-article (3) (a) of this article) of the Second Schedule thereto of the Parts set out in the Fifth Schedule to these Regulations.

( b ) This sub-article shall have effect—

(i) in so far as it relates to unemployment benefit, from the 10th day of July, 1986,

(ii) in so far as it relates to disability benefit, injury benefit and disablement pension, from the 14th day of July, 1986,

(iii) in so far as it relates to invalidity pension and retirement pension, from the 17th day of July, 1986, and

(iv) in so far as it relates to old age (contributory) pension, from the 18th day of July, 1986.

7 Rates of social assistance payments.

7. (1) ( a ) Subject to sub-article (2) of this article, the Principal Act shall have effect as if modified by the substitution for Parts I and III of the Fourth Schedule thereto of the Parts set out in the Sixth Schedule to these Regulations.

( b ) This sub-article shall have effect from the 23rd day of December, 1984.

(2) ( a ) Subject to sub-article (3) of this article, the Principal Act shall have effect as if further modified by the substitution for Parts I and III (inserted by sub-article (1) (a) of this article) of the Fourth Schedule thereto of the Parts set out in the Seventh Schedule to these Regulations.

( b ) This sub-article shall have effect—

(i) in so far as it relates to unemployment assistance, from the 3rd day of July, 1985 and

(ii) in so far as it relates to old age pension and blind pension, from the 12th day of July, 1985.

(3) ( a ) The Principal Act shall have effect as if further modified by the substitution for Parts I and III (inserted by sub-article (2) (a) of this article) of the Fourth Schedule thereto of the Parts set out in the Eighth Schedule to these Regulations.

( b ) This sub-article shall effect—

(i) in so far as it relates to unemployment assistance, from the 9th day of July, 1986, and

(ii) in so far as it relates to old age pension and blind pension, from the 18th day of July, 1986.

8 Section 2 of Principal Act (interpretation generally).

8. Section 2 of the Principal Act shall have effect as if modified by the deletion in subsection (1) of the definition of "adult dependant".

9 Section 33 of Principal Act (reduced rates of benefit).

9. Subsection (1) of section 33 of the Principal Act shall have effect as if modified by the substitution for "including any increases for dependants payable by virtue of section 32," of "including any increase by way of a household supplement payable in accordance with articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992,".

10 Section 34 of Principal Act (duration of payment).

10. Section 34 of the Principal Act shall have effect as if modified by—

( a ) the substitution for subsection (1) of the following subsection:

"(1) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for 156 days shall not thereafter, subject to subsection (3), be entitled to that benefit for any day of unemployment (whether in the same or subsequent period of interruption of employment) unless before that day he has requalified for benefit or unless, in the case of a person over 65 years of age, he has qualifying contributions in respect of not less than '156 contribution weeks in the period between his entry into insurance and the day for which unemployment benefit is claimed.",

( b ) the substitution for subsection (3) of the following subsection:

"(3) Subsection (1) shall, in respect of a person who is over the age of 18 years, have effect as if '390 days' were substituted for '156 days'.", and

( c ) the deletion of subsections (6) and (7).

11 Section 43 of Principal Act (disablement benefit).

11. (1) Subject to sub-articles (2) and (3) of this article, section 43 of the Principal Act shall have effect as if modified by—

( a ) the substitution for paragraph (b) of subsection (7) of the following paragraph:

"( b ) The scale prescribed for the purposes of paragraph (a) shall be the same for all persons, except that a lower amount may be fixed for cases where, at the beginning of the period taken into account by the assessment, the beneficiary is under the age of 18 years and may be made to depend on the date on which the beneficiary will attain that age:

Provided that—

(i) such lower amount shall not in any case be less than two-thirds of the amount to which the beneficiary would otherwise be entitled, and

(ii) the higher rate shall be payable if the beneficiary would, if he were in receipt of injury benefit rather than disablement gratuity, be entitled to an increase of that benefit by way of a household supplement payable in accordance with articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992, or would be so entitled but for the fact that the spouse of the beneficiary is in employment or is self-employed or is entitled to or in receipt of any benefit or assistance or disabled person's maintenance allowance under section 69 of the Health Act, 1970 .";

( b ) the substitution for subsection (8) of the following subsection:

"(8) Where the extent of the disablement is assessed for the period taken into account as amounting to 20 per cent. or more, disablement benefit shall be a pension (in this Chapter referred to as a disablement pension) for that period at the weekly rate set out in column (2) of Part III of the Second Schedule appropriate to the degree of disablement:

Provided that—

( a ) where the period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date, and

( b ) where the beneficiary is under the age of 18 years, the weekly rate of any degree of disablement shall be the rate set out in column (3) of Part III of the Second Schedule appropriate to the degree of disablement unless the beneficiary would, if in receipt of injury benefit rather than disablement pension, be entitled to an increase of that benefit by way of a household supplement payable in accordance with articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992, or would be so entitled but for the fact that the spouse of the beneficiary is in employment or is self-employed or is entitled to or in receipt of any benefit or assistance or disabled person's maintenance allowance under section 69 of the Health Act, 1970 ."; and

( c ) the substitution for subsection (9) (b) (i) of the following paragraph:

"(i) the scale shall be the same for all persons, except that a lower amount may be fixed thereby for cases where the beneficiary is under the age of 18 years, unless the beneficiary would, if in receipt of injury benefit rather than disablement pension, be entitled to an increase of that benefit by way of a household supplement payable in accordance with articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992, or would be so entitled but for the fact that the spouse of the beneficiary is in employment or is self-employed or is entitled to or in receipt of any benefit or assistance or disabled person's maintenance allowance under section 69 of the Health Act, 1970 ,".

(2) Section 43 of the Principal Act shall have effect as if further modified by—

( a ) the substitution for paragraph (b) (inserted by paragraph (a) of sub-article (1) of this article) of subsection (7) of the following paragraph:

"(b) The scale prescribed for the purposes of paragraph (a) shall be the same for all persons.";

( b ) the substitution for subsection (8) (inserted by paragraph (b) of sub-article (1) of this article) of the following subsection:

"(8) Where the extent of the disablement is assessed for the period taken into account as amounting to 20 per cent. or more, disablement benefit shall be a pension (in this Chapter referred to as a disablement pension) for that period at the weekly rate set out in column (2) of Part III of the Second Schedule appropriate to the degree of disablement:

Provided that where the period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date."; and

( c ) the substitution for subsection (9) (b) (i) (inserted by paragraph (c) of sub-article (1) of this article) of the following paragraph:

"(i) the scale shall be the same for all persons,".

(3) Sub-article (2) of this article shall have effect from the 19th day May, 1986.

12 Section 44 of Principal Act (increase of disablement pension in respect of household supplement).

12. (1) Subject to sub-articles (2) and (3) of this article, the Principal Act shall have effect as if modified by the substitution for section 44 of the following section:

"44. Articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992 shall, for any period for which the beneficiary either is entitled to an unemployability supplement or is receiving approved hospital treatment, apply to a disablement pension as they apply to injury benefit.".

(2) The Principal Act shall have effect as if further modified by the substitution for section 44 (inserted by sub-article (1) of this article) of the following section:

"44. Articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992 shall, for any period for which the beneficiary is entitled to an unemployability supplement, apply to a disablement pension as they apply to injury benefit.".

(3) Sub-article (2) of this article shall have effect from the 27th day of March, 1986.

13 Section 55 of Principal Act (supplements to workmen's compensation payments).

13. Section 55 of the Principal Act shall have effect as if modified by—

( a ) the substitution in subsection (1) for "payments under this Chapter in respect of a child or adult dependant" of "payments by way of a household supplement payable in accordance with articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992", and

( b ) the substitution in subsection (3) for "in respect of a child or adult dependant," of "by way of a household supplement payable in accordance with articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992,".

14 Section 87 of Principal Act (title to benefit).

14. Section 87 of the Principal Act shall have effect as if modified by the substitution for subsection (1) of the following subsection:

"(1) Subject to this Act, on the death of a woman to whom an old age (contributory) pension or retirement pension was payable at an increased weekly rate in accordance with subparagraph (i) of paragraph (a) of article 5 (1) of the European Communities (Social Welfare) Regulations, 1992 in respect of a period ending on such death, her husband, providing that he is incapable of self-support by reason of some mental or physical infirmity, shall be entitled to benefit the weekly rate of which is equal to the rate of widow's (contributory) pension, including increases in respect of qualified children where appropriate, which would be payable to him under the provisions of this Part if he were a widow.".

15 Section 135 of Principal Act (interpretation Part III Chapter 2.).

15. Subsection (1) of section 135 of the Principal Act shall have effect as if modified by the deletion of "references to dependants shall, in relation to any person, be construed as references to adult dependants or to qualified children who normally reside with that person, as the case may require;".

16 Section 136 of Principal Act (qualification certificates).

16. Section 136 of the Principal Act shall have effect as if modified by the substitution for paragraphs (c) and (d) of subsection (3) of the following paragraph:

"( c ) that his means, calculated in accordance with this Chapter, do not exceed an amount per annum equal to 52 times—

(i) twice the amount of unemployment assistance set out in column (2) at reference 1A (1) (i) in Part I of the Fourth Schedule, and

(ii) in case he has a qualified child or qualified children, so much of the increase in unemployment assistance by way of a household supplement set out in column (4), (4a), (5) or (5a) at reference 1A (1) (i) in Part I of the Fourth Schedule as would be payable in that case; and".

17 Section 139 (rates of unemployment assistance).

17. The Principal Act shall have effect as if modified by the substitution for section 139 of the following section:

"139.—Subject to section 140, the rate (in this Chapter referred to as 'the scheduled rate') of unemployment assistance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule.".

18 Unemployment assistance—couples.

18. (1) Notwithstanding articles 4 and 5 of these Regulations, in the case of a couple both of whom are entitled to unemployment assistance, the total amount payable to them pursuant to Chapter 2 of Part III of the Principal Act shall not exceed the amount which would be payable if only one of the couple was entitled to unemployment assistance which included an increase by way of a household supplement payable in accordance with article 5 (1) (b) of these Regulations (in this subsection referred to as "the relevant amount") and each of the couple shall be entitled to be paid one-half of the relevant amount.

(2) Where an applicant for unemployment assistance is not entitled to an increase by way of a household supplement payable in accordance with article 5 (1) (b) (i) of these Regulations, the unemployment assistance payable shall be at a rate equal to the scheduled rate reduced by 10p for every 20p or part of 20p of his means.

(3) Sub-article (2) of this article shall not apply in any case where the spouse is living apart from the applicant.

(4) Notwithstanding articles 4 and 5 of these Regulations, where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age pension, retirement pension or invalidity pension and the other is entitled to unemployment assistance, the total amount payable to them by way of such benefit or pension, as the case may be, and such unemployment assistance, shall not exceed the total amount of benefit or pension, as the case may be, that would otherwise be payable to the spouse entitled to benefit or pension, as the case may be, if such benefit or pension included an increase by way of a household supplement payable in accordance with article 5 (1) (a) (i) or 5 (1) (b) (i) of these Regulations, and the amount of unemployment assistance payable to the spouse entitled to unemployment assistance shall be reduced accordingly.

(5) In this article "couple" means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.

(6) In sub-article (4) of this article, "spouse" means each person of a couple in relation to the other.

19 Section 146 of Principal Act (calculation of means).

19. The Principal Act shall have effect as if modified by the substitution for section 146 of the following section:

"146.—(1) In the calculation of the means of a person for the purposes of this Chapter, the following things and no other things shall be deemed to constitute the means of a person—

( a ) the yearly value ascertained in the prescribed manner of all property belonging to him or his spouse (not being property personally used or enjoyed by him or by his spouse or a farm of land leased either by him or by his spouse under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or otherwise put to profitable use or is capable of being, but is not, invested or put to profitable use;

( b ) all income which he or his spouse may reasonably expect to receive during the succeeding year in cash, whether as contributions to the expenses of the household or otherwise, but excluding—

(i) any income or money coming within any other paragraph of this subsection,

(ii) all moneys earned by him or by his spouse in respect of current personal employment under a contract of service,

(iii) any moneys received by way of unemployment assistance under this Chapter,

(iv) any moneys received by way of supplementary welfare allowance,

(v) any moneys received by way of disability benefit, unemployment benefit, maternity benefit, children's allowance, child benefit or family income supplement,

(vi) any income arising from a bonus under a scheme administered by the Minister for the Gaeltacht for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht (as defined in such scheme) of children attending primary schools,

(vii) an amount of an allowance, dependant's allowance (not being a dependant's allowance to which paragraph (viii) relates), disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, or a combination of such allowances and such pensions so far as such amount does not exceed £80 per year,

(viii) a dependant's allowance under the Army Pensions Acts, 1923 to 1980, arising out of service in the period from the 23rd day of April, 1916, to the 30th day of September, 1923,

(ix) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

(x) any moneys, except so far as they exceed £104 per year, received by such person or by the spouse of such person in respect of work of the kind referred to in paragraph 7 of Part I of the First Schedule, under a scheme that is, in the opinion of the Minister, charitable in character and purpose,

(xi) where he or his spouse is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived therefrom as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,

(xii) any moneys received under a statutory scheme administered by the Minister for Labour in respect of redundancy or by way of financial assistance to unemployed persons changing residence;

( c ) the yearly value ascertained in the prescribed manner of any advantage accruing to him or to his spouse from—

(i) the use of property (other than a domestic dwelling or farmbuilding owned and occupied, furniture and personal effects) which is personally used or enjoyed by him or by his spouse, and

(ii) the leasing by him or by his spouse of a farm of land under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice;

( d ) all income and the yearly value ascertained in the prescribed manner of all property of which he or his spouse have directly or indirectly deprived themselves in order to qualify for the receipt of unemployment assistance;

( e ) the yearly value of any benefit or privilege enjoyed by him or by his spouse, including the estimated value to the household in the succeeding year deriving from all income earned by his spouse in respect of current personal employment under a contract of service.

(2) For the purposes of subsections (1) (b) and (1) (e), the income of a person shall, in the absence of other means of ascertaining it, be taken to be the income actually received during the year immediately preceding the date of calculation.

(3) For the purposes of this section, 'spouse', in relation to a person, means a spouse who is living with, and not apart from, that person.".

20 Section 160 of Principal Act (special conditions for receipt of pension).

20. Section 160 of the Principal Act shall have effect as if modified by the substitution for that section of the following section:

"160.—Where a person who has attained pensionable age is—

( a ) in receipt of or entitled to deserted wife's benefit, a widow's (contributory) pension or old age (contributory) pension, or

( b ) the spouse of a relevant person who is entitled to or in receipt of an increase of old age (contributory) pension by way of a household supplement payable in accordance with article 5 (1) (a) (i) of the European Communities (Social Welfare) Regulations, 1992,

and would but for sections 163 (4), (5) and (6) be qualified for receipt of an old age pension—

(i) the person may, notwithstanding anything contained in the said section 163 (4), (5) and (6), be paid the old age pension for any period during which the rate of pension payable would be greater than the rate of deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase of old age (contributory) pension by way of a household supplement, as the case may be, payable, and

(ii) in any case where the old age pension is so paid, entitlement to deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension, old age (contributory) pension or the increase of old age (contributory) pension by way of a household supplement, as the case may be, shall continue but the amount of any such benefit, pension or increase payable during any such period—

(I) shall not be paid to or in respect of the person, and

(II) shall be paid out of the Social Insurance Fund to the Exchequer.".

21 Section 161 of Principal Act (rates of pension).

21. Section 161 of the Principal Act shall have effect as if modified by the substitution for subsection (1) of the following subsection:

"(1) The rate (in this Chapter referred to as 'the scheduled rate') of old age pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule, increased, where appropriate, in accordance with article 5 (1) (b) (ii), 5 (2) (b) or 5 (4) (b) of the European Communities (Social Welfare) Regulations, 1992 in respect of each qualified child.".

22 Section 163 of Principal Act (disqualification for pension).

22. Section 163 of the Principal Act shall have effect as if modified by the substitution for subsection (5) of the following subsection:

"(5) A person to whom benefit under section 87 is payable or who is the spouse of a person who is entitled to or in receipt of an increase of old age (contributory) pension by way of a household supplement payable in accordance with article 5 (1) (a) (i) of the European Communities (Social Welfare) Regulations, 1992, shall, except as provided in section 160, be disqualified, for any period in respect of which the said benefit under the said section 87 is payable to him or the weekly rate of old age (contributory) pension payable to that person's spouse is so increased, for receiving old age pension.".

23 Rule 1 of Third Schedule to Principal Act (rules as to calculation of means).

23. Paragraph (4) of Rule 1 of the Third Schedule to the Principal Act shall have effect as if modified by—

( a ) the substitution for subparagraph (g) of the following subparagraph:

"( g ) in the case of a blind person, his earnings (including wages and profit from any form of self-employment) as a blind person except and in so far as the annual amount of such earnings is calculated to exceed an amount made up as follows; £312, plus £208 if his spouse is living with or is wholly or mainly maintained by him or, being a single person, widow or widower, is maintaining wholly or mainly a person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with him, plus £104 for each qualified child normally residing with him of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,"; and

( b ) the substitution for subparagraph (i) of the following subparagraph:

"(i) in the case of a person who is not a blind person, and who has a qualified child or qualified children who normally resides or reside with him, all earnings derived by him from his personal exertions except and in so far as the annual amount of such earnings is calculated to exceed £104 (or for the purposes of widow's (non-contributory) pension, £312) for each such child of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,".

24 Non-application of certain provisions.

24. Each provision of the Principal Act mentioned in column (1) of the First Schedule to these Regulations shall, to the extent specified in column (2) of that Schedule opposite the mention of that provision in column (1), not apply for the purposes of determining or reviewing the entitlement of a relevant person.

PART V AFTER DEATH PAYMENTS

25 Construction of Principal Act.

25. (1) For the purposes of—

( a ) sections 18 (3), 29 (3), 42 (2), 78 (2), 83 (2) and 88 (2) of the Principal Act, a reference to "a beneficiary who had an adult dependant" shall be construed as a reference to a beneficiary who is entitled to an increase in benefit by way of a household supplement payable in accordance with article 5 (1) (a) (i) of these Regulations,

( b ) section 137 (4) of the Principal Act, a reference to "a recipient who had an adult dependant" shall be construed as a reference to a recipient who is entitled to an increase in assistance by way of a household supplement payable in accordance with article 5 (1) (b) (i) of these regulations, and

( c ) section 158 (2) of the Principal Act, a reference to "a pensioner who had an increase under section 162 (1) (d)" shall be construed as a reference to a pensioner who is entitled to an increase in pension by way of a household supplement payable in accordance with article 5 (1) (b) (i) of these Regulations.

(2) Subsection (2) of section 125 of the Principal Act shall have effect as if modified by the substitution for paragraph (a) of the following paragraph:

"( a ) where a person, who is in receipt of benefit which includes an increase by way of a household supplement payable in accordance with article 5 (1) (a) (i) or 5 (1) (b) (i) of the European Communities (Social Welfare) Regulations, 1992, dies, payment of the benefit shall continue to be made for a period of six weeks after the date of death and shall during that period be made to such person and subject to such conditions as may be prescribed.".

26 Payments after death.

26. The provisions of the Social Welfare (Payment of Benefit After Death) Regulations, 1974 ( S.I. No. 208 of 1974 ) shall apply for the purposes of section 125 of the Principal Act (as modified by sub-article (2) of article 25 of these Regulations) and in such application—

( a ) the definition of "adult dependant" contained in article 3 of the said Regulations shall not apply,

( b ) references to "adult dependant" shall be construed as references to the spouse of the deceased beneficiary.

(2) Where in respect of any part of the relevant period, the spouse of a relevant person or any other person has received a continued payment which included—

( a ) an increase in respect of an adult dependant, or

( b ) an increase of old age pension or blind pension in respect of a spouse, or

( c ) an increase in respect of a qualified child,

by virtue of section 125 of the Principal Act and, in respect of the same period, that spouse or other person becomes entitled to a continued payment which includes an increase by way of a household supplement payable by virtue of these Regulations, any such increase in respect of an adult dependant, a spouse or a qualified child shall be regarded as payment by way of the household supplement.

PART VI REDUCED RATES OF BENEFIT AND PENSION

27 Section 19 of Principal Act (reduced rate of disability benefit).

27. Section 19 of the Principal Act shall have effect as if modified by the substitution for subsection (5) of the following subsection:

"(5) Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) is satisfied, but any increase of benefit by way of a household supplement payable in accordance with articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992 shall be the same as if that condition had been fully satisfied. ".

28 Section 30 of Principal Act (reduced rates of unemployment benefit).

28. Section 30 of the Principal Act shall have effect as if modified by the substitution for subsection (5) of the following subsection:

"(5) Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) is satisfied, but any increase of benefit by way of a household supplement payable in accordance with articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992 shall be the same as if that condition had been fully satisfied. ".

29 Section 79 of Principal Act (reduced rate of pension).

29. Section 79 of the Principal Act shall have effect as if modified by the substitution for subsection (8) of the following subsection:

"(8) Regulations for the purposes of subsection (7) shall provide that old age (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (c) is satisfied, but any increase of old age (contributory) pension by way of a household supplement payable in accordance with articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992 shall be the same as if that condition had been fully satisfied.".

30 Section 84 of Principal Act (reduced rate of pension).

30. Section 84 of the Principal Act shall have effect as if modified by the substitution for subsection (5) of the following subsection:

"(5) Regulations for the purposes of subsection (4) shall provide that retirement pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (c) is satisfied, but any increase of that pension by way of a household supplement payable in accordance with articles 4 and 5 of the European Communities (Social Welfare) Regulations, 1992 shall be the same as if that condition had been fully satisfied.".

PART VIISEPARATE PAYMENTS

31 Section 112 of Principal Act (regulations to enable persons to be appointed to receive and deal with benefit or assistance).

31. Section 112 of the Principal Act shall have effect as if modified by the substitution for paragraph (b) of subsection (3) of the following paragraph:

"( b ) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary—

(i) in respect of disability benefit, unemployment benefit, injury benefit, old age (contributory) pension, retirement pension, invalidity pension, unemployment assistance, old age pension or blind pension, so much of the increase in benefit or pension by way of a household supplement as is payable by virtue of article 5 of the European Communities (Social Welfare) Regulations, 1992,

(ii) in respect of disablement pension, so much of the increase in pension by way of a household supplement as is payable by virtue of section 44 and article 12 of the European Communities (Social Welfare) Regulations, 1992,".

32 Payment to appointed persons.

32. (1) The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a relevant person—

( a ) in respect of disability benefit, unemployment benefit, injury benefit, old age (contributory) pension, retirement pension or invalidity pension, so much of the increase in benefit or pension by way of a household supplement as is payable in accordance with article 5 of these Regulations,

( b ) in respect of disablement pension, so much of the increase in pension by way of a household supplement as is payable in accordance with section 44 of the Principal Act and article 12 of these Regulations,

( c ) in respect of unemployment assistance—

(i) where the weekly rate payable is a scheduled rate, so much of the increase in assistance by way of a household supplement as is payable in accordance with article 5 of these Regulations,

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the increase in assistance by way of a household supplement as is payable in accordance with article 5 of these Regulations, reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate,

( d ) in respect of an old age pension or a blind pension, so much of the increase in pension by way of a household supplement as is payable in accordance with article 5 of these Regulations:

Provided that, in the case of a person in respect of whom no increase in pension by way of a household supplement is payable in accordance with article 5 (1) (b) (i). of these Regulations, the rate of household supplement payable in respect of a qualified child or qualified children of such person shall be so much of the pension as is equal to the difference between the pension actually payable to the applicant and the pension that would be payable to an applicant who has no qualified child when the means as duly calculated in both cases fall within the same range in the appropriate statutory table of rates.

(2) Where in respect of any part of the relevant period, the spouse of a relevant person has received—

( a ) an increase in respect of an adult dependant, or

( b ) an increase of old age pension or blind pension in respect of a spouse, or

( c ) an increase in respect of a qualified child,

and, in respect of the same period, that spouse becomes entitled to an increase of a specified payment by way of a household supplement by virtue of this article, any such increase in respect of an adult dependant, a spouse or a qualified child shall be regarded as payment on account of the said increase by way of the household supplement.

(3) The receipt of a person appointed under this article shall be a good discharge to the Minister for any sums paid to such person on behalf of the relevant person.

PART VIII ADMINISTRATIVE PROVISIONS

CHAPTER 1 CLAIMS AND PAYMENTS

33 Claims to be made to the Minister.

33. Every claim by a relevant person for a specified payment shall be made to the Minister in the form approved by him or in such other manner as the Minister may accept as sufficient in the circumstances.

34 Information to be given when making a claim for a specified payment.

34. (1) Every relevant person who makes a claim for a specified payment shall furnish such certificates, documents, information and evidence for the purposes of deciding the claim as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.

(2) Every relevant person who is entitled to a specified payment and every person by whom or on whose behalf a specified payment is receivable shall furnish in such manner and at such times as the Minister may determine such certificates, documents and information affecting the right to the specified payment or to the receipt thereof as the Minister may require.

35 Time for claiming specified payment.

35. (1) A claim by a relevant person for a specified payment shall be made by the 31st day of December, 1992.

(2) Notwithstanding sub-article (1) of this article, where a relevant person proves that there was good cause for his failure to make the claim for a specified payment by the 31st day of December, 1992, the Minister may extend the time within which the claim may be made to the date of the making of the claim.

36 Payments due under these Regulations.

36. (1) In the case of a woman who—

( a ) by virtue of these Regulations becomes entitled to disability benefit, unemployment benefit, injury benefit, disablement pension or invalidity pension (excluding any increase thereof) at a higher rate than that to which she was formerly entitled, or

( b ) exhausted her right to 312 days of unemployment benefit in any part of the relevant period and by virtue of these Regulations becomes entitled to such benefit beyond the 312th day of unemployment,

such higher rate of benefit or such unemployment benefit, as the case may be, excluding any increase thereof, shall be payable not later than 3 months from the date of the decision of the deciding officer or, where appropriate, the appeals officer under Part IX of these Regulations.

(2) In the case of a woman who, by virtue of these Regulations, becomes entitled to—

( a ) any increase in benefit or assistance by way of a household supplement to which she was not formerly entitled, or

( b ) to unemployment assistance,

(in this article referred to as the "retrospective payment"), the retrospective payment shall be payable—

(i) where the retrospective payment is for an amount equal to or greater than £100, in two equal instalments and the first such instalment shall be payable not later than the 31st day of December, 1993 and the second such instalment shall be payable not later than the 1st day of July, 1994, and

(ii) in any other case, not later than the 31st day of December, 1993.

CHAPTER 2 PAYMENTS TO PERSONS OTHER THAN THE RELEVANT Person

37 Persons unable to act.

37. (1) Where a relevant person is unable for the time being to act, the Minister may, after consultation with any person as he considers appropriate, appoint some other person to exercise on behalf of such relevant person any right or power which that relevant person may be entitled to exercise in relation to a specified payment.

(2) The Minister may at any time revoke an appointment made under this article and a person appointed may resign on giving notice to the Minister of his intention to do so.

(3) A person appointed under this article may exercise on behalf of a relevant person any right or power which such person may be entitled to exercise in relation to a specified payment and may receive and deal with any sum payable by way of a specified payment on behalf of such relevant person.

(4) Anything required to be done to a relevant person in relation to a specified payment may be done as respects a relevant person who is unable to act to the person appointed under this article to act on his behalf.

(5) The receipt of a person appointed under this article for any amount paid in accordance with this article shall be a good discharge to the Minister for any amount so paid.

38 Payments on death.

38. (1) On the death of a relevant person, the Minister may allow such person as he may think fit to proceed with or to make a claim for a specified payment in the name of such relevant person.

(2) On the death of a relevant person, any sum payable by virtue of these Regulations may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased to or among such persons as appear to the Minister to be beneficially entitled thereto.

(3) The Minister, upon making any payment in accordance with this article, shall be discharged from all liability in respect of any sum or sums so paid.

CHAPTER 3 MISCELLANEOUS

39 Normal residence.

39. For the purposes of these Regulations, any question relating to the normal residence of a qualified child shall be decided in accordance with the Social Welfare (Normal Residence) Regulations, 1986 ( S.I. No. 367 of 1986 ).

40 Absence from the State.

40. Notwithstanding anything contained in the Principal Act, or in Regulations made thereunder, a relevant person who was resident in the State during the relevant period or during part of the relevant period shall not, as a consequence of non-residence in the State in any subsequent period, be disqualified for receipt of any sum to which he becomes entitled to by virtue of these Regulations.

PART IX DECISIONS AND APPEALS

41 Decisions by deciding officers.

41. Except where otherwise provided, every question arising under these Regulations in relation to a claim by a relevant person for a specified payment shall be decided by a deciding officer appointed under section 295 of the Principal Act.

42 Revised decisions.

42. For the purposes of determining or reviewing the entitlement of a relevant person under these Regulations, a deciding officer may revise any decision of a deciding officer, and the provisions of Part VIII of the Principal Act as to appeals shall apply to the revised decision in the same manner as they apply to an original decision.

43 Appeals.

43. Notwithstanding article 3 (3) of these Regulations, any question arising under the provisions of these Regulations which falls to be determined by an appeals officer shall be determined in accordance with Part VIII of the Principal Act (as amended by Part V of the Social Welfare Act, 1990 (No. 5 of 1990)) and the Social Welfare (Appeals) Regulations, 1990 ( S.I. No. 344 of 1990 ).

44 Effect of decision of appeals officer.

44. The decision of an appeals officer on any question arising under these Regulations shall, subject to section 300 (3) and 300 (4) of the Principal Act, be final and conclusive.

PART X MISCELLANEOUS PROVISIONS

45 Increases in respect of adult and child dependants.

45. For the purposes of articles 26 (2), 32 (2) and 46 of these Regulations—

( a ) "an increase in respect of an adult dependant" or "an increase in respect of a qualified child" means an increase under section 21, 32, 44, 55 (1), 81 (1), 81 (2), 86 (1), 86 (2), 91 (1), 91 (2), 139 (a), 139 (b) or 161 (1) of the Principal Act, as appropriate, and

( b ) "an increase of old age pension or blind pension in respect of a spouse" means an increase under section 161 (2) ( d ) of the Principal Act.

46 Payment on account.

46. (1) Where, in respect of any part of the relevant period, a relevant person has received a specified payment which included—

( a ) an increase in respect of an adult dependant, or

( b ) an increase of old age pension or blind pension in respect of a spouse, or

( c ) an increase in respect of a qualified child,

and, in respect of that same period, that person becomes entitled to an increase by way of a household supplement payable in accordance with sub-article (a), (b), (h) or (i) of article 4 (2) of these Regulations, any such increase in respect or an adult dependant, a spouse or a qualified child shall be regarded as payment on account of the household supplement.

(2) Where in respect of any part of the relevant period, a relevant person has received a specified payment which included an increase in respect of an adult dependant or a qualified child and, in respect of that same period, that person and his spouse become entitled to an increase by way of a household supplement payable in accordance with sub-article (d) of article 4 (2) of these Regulations—

( a ) one-half of any such increase in respect of an adult dependant or a qualified child shall be regarded as payment on account of the household supplement to which that person becomes entitled, and

( b ) the other half of any such increase in respect of an adult dependant or a qualified child shall be regarded as payment on account of the household supplement to which that person's spouse becomes entitled.

(3) Where in respect of any part of the relevant period, a relevant person has received a specified payment which included an increase in respect of a qualified child and, in respect of the same period, that person and his spouse become entitled to an increase by way of a household supplement payable in accordance with sub-article (e), (f) or (g) of article 4 (2) of these Regulations—

( a ) one-half of any such increase in respect of a qualified child shall be regarded as payment on account of the household supplement to which that person becomes entitled, and

( b ) the other half of any such increase in respect of a qualified child shall be regarded as payment on account of the household supplement to which that person's spouse becomes entitled.

(4) Where, in respect of any part of the relevant period, a relevant person becomes entitled to an increase by way of a household supplement payable in accordance with sub-article (c) of article 4 (2) of these Regulations and that person has received a specified payment which included an increase in respect of a qualified child in respect of that same period, one-half of any such increase in respect of a qualified child shall be regarded as payment on account of the household supplement.

(5) Where in respect of any part of the relevant period, a relevant person was in receipt of—

( a ) any benefit which included an increase in respect of an adult dependant, or

( b ) an old age pension or a blind pension which included an increase in respect of a spouse

and, in respect of that same period, that person's spouse becomes entitled to assistance under Chapter 2 of Part III of the Principal Act by virtue of these Regulations, any such increase in respect of an adult dependant or a spouse, as the case may be, shall be regarded as payment on account of the assistance to which the spouse becomes entitled.

(6) Where in respect of any part of the relevant period, a relevant person was in receipt of assistance under Chapter 2 of Part III of the Principal Act which included an increase in respect of an adult dependant and, in respect of that same period, that person's spouse becomes entitled to such assistance by virtue of these Regulations, one-half of the assistance, including the increase in respect of an adult dependant, received by the relevant person shall be regarded as payment on account of the assistance to which that person's spouse becomes entitled.

47 Overpayments.

47. Where a relevant person to whom paragraph (c), (d), (e), (f) or (g) of article 4 (2) of these Regulations applies has received a specified payment at a rate higher than that to which he is by virtue of these Regulations, entitled, the Minister may, where he considers it appropriate, decide that the amount of such specified payment which would otherwise be repayable, shall not be repaid.

48 Information required by Minister.

48. For the purposes of investigating the entitlement of a relevant person to a specified payment under these Regulations, the Minister may require such persons as he may determine to provide him with such information in relation to such persons or classes of persons as he may determine and any such person shall be required to provide such information as may be required.

49 Calculation of sums due.

49. Notwithstanding the Principal Act and these Regulations, in calculating any sum due to a relevant person by virtue of these Regulations any fraction of £1 may be treated as £1.

FIRST SCHEDULE

Article 24

NON-APPLICATION OF CERTAIN PROVISIONS OF PRINCIPAL ACT

Article 6 (1)

SECOND SCHEDULE

"SECOND SCHEDULE

RATES OF BENEFITS

PART I

RATES OF PERIODICAL BENEFITS AND INCREASES THEREOF

PART III

DISABLEMENT PENSION

PART IV

INCREASES OF DISABLEMENT PENSION

PART V

REDUCED RATES OF INJURY BENEFIT AND DISABLEMENT PENSION

",

Article 6 (2)

THIRD SCHEDULE

"SECOND SCHEDULE

RATES OF BENEFITS

PART I

RATES OF PERIODICAL BENEFITS AND INCREASES THEREOF

PART III

DISABLEMENT PENSION

PART IV

INCREASES OF DISABLEMENT PENSION

PART V

REDUCED RATES OF INJURY BENEFIT AND DISABLEMENT PENSION

".

Article 6 (3)

FOURTH SCHEDULE

"SECOND SCHEDULE

RATES OF BENEFITS

PART I

RATES OF PERIODICAL BENEFITS AND INCREASES THEREOF

PART III

DISABLEMENT PENSION

PART IV

INCREASES OF DISABLEMENT PENSION

".

Article 6 (4)

FIFTH SCHEDULE

"SECOND SCHEDULE

RATES OF BENEFITS

PART I

RATES OF PERIODICAL BENEFITS AND INCREASES THEREOF

PART III

DISABLEMENT PENSION

PART IV

INCREASES OF DISABLEMENT PENSION

".

Article 7 (1)

SIXTH SCHEDULE

"FOURTH SCHEDULE

RATES OF ASSISTANCE

PART I

RATES OF PERIODICAL SOCIAL ASSISTANCE AND INCREASES THEREOF

PART III

INCREASE OF OLD AGE PENSION AND BLIND PENSION BY WAY OF A HOUSEHOLD SUPPLEMENT

".

Article 7 (2)

SEVENTH SCHEDULE

"FOURTH SCHEDULE

RATES OF ASSISTANCE

PART I

RATES OF PERIODICAL SOCIAL ASSISTANCE AND INCREASES THEREOF

PART III

INCREASE OF OLD AGE PENSION AND BLIND PENSION BY WAY OF A HOUSEHOLD SUPPLEMENT

".

Article 7 (3)

EIGHTH SCHEDULE

"FOURTH SCHEDULE

RATES OF ASSISTANCE

PART I

RATES OF PERIODICAL SOCIAL ASSISTANCE AND INCREASES THEREOF

PART III

INCREASE OF OLD AGE PENSION AND BLIND PENSION BY WAY OF A HOUSEHOLD SUPPLEMENT

".

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

18th day of June, 1992.

CHARLIE McCREEVY,

Minister for Social Welfare.

EXPLANATORY NOTE.

These regulations provide for equality of treatment in respect of the period of delay in implementing EC Directive 79/7 on the progressive implementation of the principle of equal treatment between men and women in matters of social security.

The measures necessary to introduce equality of treatment in accordance with the Directive were provided for by way of the Social Welfare (No. 2) Act, 1985 , which was enacted in July 1985. The provisions of that Act were brought into force by way of Commencement Order in two phases with effect from May and November 1986. Consequently, equality of treatment in accordance with the provisions of the Directive was not fully provided for in respect of the period from 23 December 1984 to November 1986.

The Regulations confer retrospective entitlement on married women in respect of the period of delay to:

( a ) the increased personal rate of Unemployment Benefit, Disability Benefit, Invalidity Pension and Occupational Injuries Benefit payable to claimants generally in that period;

( b ) an additional 3 months entitlement to Unemployment Benefit, subject to appropriate evidence of unemployment, thereby bringing their former entitlement of 12 months benefit into line with the 15 months available to claimants generally in that period;

( c ) increases, in the form of a Household Supplement, in respect of adult and child dependants; and

( d ) Unemployment Assistance, subject to appropriate evidence of unemployment and their satisfying a means test equivalent to that applied to claimants generally in the period of delay.

The regulations contain special provisions dealing with situations where both of a couple were in receipt of a social welfare payment at the same time during the period of delay. They also empower the Minister to decide not to recover overpayments from married men which they would otherwise have to repay.

The regulations also provide that the retrospective payments due to married women will be made on a phased basis. Amounts due in respect of the increased rate of benefits and the extended duration of Unemployment Benefit will be payable in 1992 not later than 3 months from the date on which the claim is decided by a Deciding Officer. Other entitlements under the Regulations will be paid in two equal instalments not later than 31 December 1993 and the 1 July 1994, except where the amount involved is less than £100 in which case it will be paid in full in 1993.