S.I. No. 201/2006 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Treatment Benefit) Regulations 2006

S.I. No. 201 of 2006

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 5) (TREATMENT BENEFIT) REGULATIONS 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)) and 138 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

Citation and construction.

1.(1)  These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Treatment Benefit) Regulations 2006.

(2)  These Regulations and the Social Welfare (Consolidated Payments Provisions Regulations 1994 to 2006 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006.

Commencement.

2.  These Regulations come into operation 29 May 2006.

Definitions.

3.  In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ).

Treatment benefit - contribution conditions for entitlement.

4.  The Principal Regulations are amended by substituting the following for article 67D(1) (as amended by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment (No.1) (Treatment Benefit) Regulations 2005 ( S.I. No. 185 of 2005 )):

“67D. (1)   Subject to this Chapter, the contribution conditions for entitlement to treatment benefit shall be -

(a)       in the case of a claimant who is under the age of 21 years that he or she has qualifying contributions in respect of not less than 39 contribution weeks between the date of his or her entry into insurance and the relevant date, or

(b)       in the case of a claimant who is of or over the age of 21 years and under the age of 25 years -

(i)        that he or she has qualifying contributions in respect of not less than 39 contribution weeks between the date of his or her entry into insurance and the relevant date, and

(ii)       that he or she has -

(I)                  qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the relevant contribution year, or

(II)                 qualifying contributions in respect of not less than 26 contribution weeks in each of the second and third last contribution years before the beginning of the benefit year which includes the relevant date,

or

(c)      in the case of a claimant who is of or over the age of 25 years -

(i)        that he or she has qualifying contributions in respect of not less than 260 contribution weeks between the date of his or her entry into insurance and the relevant date, and

(ii)       that he or she has -

(I)      qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the relevant contribution year, or

(II)      qualifying contributions in respect of not less than 26 contribution weeks in each of the second and third last contribution years before the beginning of the benefit year which includes the relevant date.”.

EXPLANATORY NOTE

(This Note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations provide for the introduction of an alternative contribution condition for entitlement to treatment benefit. A person over 21 will now be able to avail of treatment benefit where he or she has 26 qualifying contributions in each of the second and third last contribution years.