S.I. No. 105/1998 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Calculation of Yearly Average) Regulations, 1998.

		S.I. No. 105 of 1998.
		SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 3) (CALCULATION OF YEARLY AVERAGE) REGULATIONS, 1998.
		The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4, 84 and 102 (inserted by section 11 of the Social Welfare Act, 1994 (No. 4 of 1994) and amended by section 27 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:
	1 Citation and construction	1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Calculation of Yearly Average) Regulations, 1998.
		(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 1998.
	2 Calculation of yearly average	2. The Social Welfare (Consolidated Payments Provisions) Regulations, 1994 (S.I. 417 of 1994) are hereby amended by—
		(a) the substitution for article 42 of the following article:
		"Calculation of yearly average.
		42. In calculating the yearly average or alternative yearly average for old age (contributory) pension purposes in the case of a claim made on or after the 13th day of July, 1992, a fraction of a whole number consisting of one half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number." and
		(b) the substitution for article 59 of the following article:
		"Calculation of yearly average.
		59. In calculating the yearly average for pension purposes a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.".
		GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 24th day of March, 1998.
		DERMOT AHERN,
		Minister for Social, Community and Family Affairs.
		The Minister for Finance hereby consents to the making of the foregoing Regulations.
		GIVEN under the Official Seal of the Minister for Finance, this 30th day of March, 1998.
		CHARLIE McCREEVY,
		Minister for Finance.
		EXPLANATORY NOTE.
		Since 1988 special partial rate pensions have been paid to those who became compulsarily insured for pension purposes in 1974 but failed to qualify because of gaps in their insurance records caused by remuneration limits. These 'anomaly' pensions are awarded for averages of between 5 and 9 in the case of Old Age (Contributory) Pension and averages of between 5 and 23 in the case of Widow's and Widower's (Contributory) Pension.
		In 1992 rounding up provisions were introduced for all Old Age and Widow's (Contributory) Pensions except the anomaly pensions. These Regulations provide that the rounding up provisions are extended to include the Special Partial Old Age (Contributory) Pension and Widow's and Widower's (Contributory) Pension.