S.I. No. 218/1992 - Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1992.

S.I. No. 218 of 1992.

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1992.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 42 , 43 , 46 , 79 , 84 , 93 and 101 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) hereby makes the following Regulations:—

PART I General

1. These Regulations may be cited as the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1992.

2. In these Regulations—

"the Regulations of 1988" means the Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988 ( S.I. No. 263 of 1988 );

"the Regulations of 1991" means the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1991 ( S.I. No. 206 of 1991 ).

PART II Increased Rates of Benefits and Pensions under the Occupational Injuries Scheme

3. This Part shall come into operation on the 27th day of July, 1992.

4. The Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) are hereby amended—

( a ) by the substitution for the Second Schedule thereto (inserted by article 4 of the Regulations of 1991) 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 following provisions:—

(i) the rates of pension specified in column (3) of the Scale shall have effect on and from the 27th day of July, 1992 whether the period taken into account by the assessment began on, before or after that date, and,

(ii) 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 27th day of July, 1992,

( b ) by the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 1991) 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	Amount of Gratuity	Weekly Rate of Pension
(1)	(2)	(3)
Per Cent	£	£
1	547	0.79
2	821	1.57
3	1,094	2.36
4	1,368	3.14
5	1,641	3.93
6	1,915	4.71
7	2,188	5.50
8	2,462	6.28
9	2,735	7.07
10	3,009	7.85
11	3,282	8.64
12	3,556	9.42
13	3,829	10.21
14	4,103	10.99
15	4,376	11.78
16	4,650	12.56
17	4,923	13.35
18	5,197	14.13
19	5,470	14.92

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 full-time employment	53.00
( b ) In any other case ... ... ... ... ... ...	25.80

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 live or for a period of not less than six months—
(i) Where the attendance required is whole-time ...	31.80
(ii) Where the attendance required is part-time only ...	15.90
( b ) Increase where the extent of such attendance required is greater by reason of the beneficiary's exceptionally severe disablement ... ... ... ... ... ...	47.70
( 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 ... ... ...	63.60

5. Notwithstanding paragraph (b) of article 4 of these Regulations, where, by virtue of article 6 of the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1992 ( S.I. No. 82 of 1992 ), a person under the age of sixteen years is entitled to injury benefit at the weekly rate of £65 immediately before the 27th day of July, 1992, the weekly rate of injury benefit (exclusive of any increase thereof) shall continue to be £65 for the remainder of that injury benefit period.

PART III

Alteration in Reduced Weekly Rates of Old Age (Contributory) Pension, Retirement Pension, Widow's (Contributory) Pension and Deserted Wife's Benefit

6. (1) The Social Welfare (Old Age (Contributory) Pension) Regulations, 1960 ( S.I. No. 274 of 1960 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 5 of the Regulations of 1991) of the following Schedule:—

SCHEDULE

"SCHEDULE

Article 3

Reduced Rates of Old Age (Contributory) Pension where Contribution Conditions are Partially Satisfied

Yearly Average	Weekly Rate
(1)	(2)
	£
36 to 47	64.90
24 to 35	62.70
20 to 23	61.40

(2) This article shall come into operation on the 31st day of July, 1992.

7. (1) The Social Welfare (Retirement Pension) Regulations, 1970 ( S.I. No. 225 of 1970 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 7 of the Regulations of 1991) of the following Schedule:—

SCHEDULE

"SCHEDULE

Article 4

Reduced Rates of Retirement Pension where Contribution Conditions are Partially Satisfied

Yearly Average	Weekly Rate
(1)	(2)
	£
36 to 47	64.90
24 to 35	62.70

(2) This article shall come into operation on the 30th day of July, 1992.

8. (1) The Social Welfare (Widows' and Orphans' (Contributory) Pensions) Regulations, 1966 ( S.I. No. 235 of 1966 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 6 of the Regulations of 1991) of the following Schedule:—

SCHEDULE

"SCHEDULE

Article 4

Reduced Rates of Widow's (Contributory) Pension where Contribution Conditions are Partially Satisfied

Average number of contributions paid or credited per contribution year in the relevant period	Weekly Rate
	£
36 to 47	59.50
24 to 35	57.80

(2) This article shall come into operation on the 31st day of July, 1992.

9. (1) The Social Welfare (Deserted Wife's Benefit) Regulations, 1973 ( S.I. No. 202 of 1973 ) are hereby amended by the substitution for the Schedule thereto (inserted by article 8 of the Regulations of 1991) of the following Schedule—

SCHEDULE

"SCHEDULE

Article 4

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
	£
36 to 47	59.50
24 to 35	57.80

(2) This article shall come into operation on the 30th day of July, 1992.

PART IV

Alteration in Reduced weekly Rates of Old Age (Contributory) Pension, Widow's (Contributory) Pension and Deserted Wife's Benefit for Certain Persons.

10. (1) The Regulations of 1988 are hereby amended by the substitution for Schedule A thereto (inserted by article 9 of the Regulations of 1991) of the following Schedule:—

SCHEDULE

"SCHEDULE A

Article 4

Yearly number of contributions paid or credited per contribution year in the relevant period	Weekly Rate	Increase where the person has attained the age of 80 years
(1)	(2)	(3)
	£	£
15 to 19	46.00	3.20
10 to 14	30.70	2.20
5 to 9	15.40	1.00

(2) This article shall come into operation on the 31st day of July, 1992.

11. (1) The Regulations of 1988 are hereby amended by the substitution for Schedule B thereto (inserted by article 10 of the Regulation of 1991) of the following Schedule:—

SCHEDULE

"SCHEDULE B

Articles 5 and 6

Average number of contributions paid or credited per contribution year in the relevant period	Weekly Rate	Increase where the person has attained the age of 80 years
(1)	(2)	(3)
	£	£
18 to 23	43.30	2.70
12 to 17	28.70	2.10
5 to 11	14.40	1.10

(2) This article shall come into operation on the 31st day of July, 1992 as respects widow's (contributory) pension and on the 30th day of July, 1992 as respects deserted wife's benefit.

GIVEN under the Official Seal of the Minister for Social Welfare this 23rd day of July, 1992.

CHARLIE McCREEVY,

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 24th day of July, 1992.

BERTIE AHERNE,

Minister for Finance.

EXPLANATORY NOTE.

The Social Welfare Act, 1992 provided for increases in the maximum rates of social insurance payments arising from the 1992 Budget, with effect from the end of July, 1992. These Regulations provide for increases in the reduced rates of various social insurance payments from the end of July, 1992.

Part II

Part II of the Regulations provides for increases in the rates of benefit payable under the occupational injuries benefits scheme—

— in respect of disablement gratuities appropriate to degrees of disablement assessed at 19 per cent or under,

— in respect of disablement pension payable in lieu of such gratuities,

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

— in respect of certain constant attendance allowances.

The new rates are payable from 27th July, 1992.

Part III

Part III of the Regulations 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 31st July, 1992 in the case of old age contributory and widows' contributory pensions and from 30th July, 1992 in the case of retirement pensions and deserted wife's benefit.

Part IV

Part IV of the Regulations provides for an increase from 31st July, 1992 in the reduced rates of old age (contributory) pension payable to certain persons who came back into insurance on the abolition of the earnings limit for liability for social insurance contributions in April, 1974, but who did not have a sufficient record of contributions to entitle them to a pension. Increases are also payable from 31st July, 1992 to widows who qualify for widow's (contributory) pension on this basis and similarly to deserted wives from 30th July, 1992.