S.I. No. 83/1993 - Social Welfare (Disability Benefit) Regulations, 1993.

S.I. No. 83 of 1993.

SOCIAL WELFARE (DISABILITY BENEFIT) REGULATIONS, 1993.

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 19 of that Act (as amended by section 32 of the Social Welfare Act, 1992 (No. 5 of 1992)) hereby makes the following Regulations:—

1 Citation.

1. These Regulations may be cited as the Social Welfare (Disability Benefit) Regulations, 1993.

2 Interpretation.

2. In these Regulations—

"relevant contribution year" means the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed;

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

3 Contribution conditions.

3. Where a person would be entitled to disability benefit but for the fact that he does not satisfy the requirement contained in paragraph (b) of section 19 (1) of the Principal Act that there must be qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year, that person shall be entitled to disability benefit if he—

( a ) has qualifying contributions in respect of at least 13 contribution weeks in either of the two contribution years preceding the relevant contribution year or in a subsequent contribution year, or

( b ) was immediately before claiming disability benefit in receipt of unemployment assistance under Chapter 2 of Part III of the Principal Act and was a person to whom section 137 (1) (a) of that Act (inserted by section 27 of the Social Welfare Act, 1992 ) applied, or

( c ) was immediately before claiming disability benefit in receipt of pre-retirement allowance under Chapter 2A of Part III of the Principal Act.

4 Revocation.

4. The Social Welfare (Disability Benefit) Regulations, 1992 ( S.I. No. 163 of 1992 ) are hereby revoked.

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

23rd day of March, 1993.

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

23rd day of March, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

One of the qualifying conditions for entitlement for Disability Benefit is that the claimant has 13 paid contributions in the governing contribution year. These Regulations exempt recipients of long-term Unemployment Assistance and Pre-Retirement Allowance from this condition.

In addition, the Regulations incorporate the provisions of the Social Welfare (Disability Benefit) Regulations, 1992 ( S.I. No. 163 of 1992 ) which are being revoked, whereby a person who fails to satisfy the condition of having 13 paid contributions in the governing contribution year can qualify if he has 13 paid contributions in either of the two contribution years preceding the governing contribution year or in a subsequent contribution year.