S.I. No. 14/1953 - Social Welfare (Overlapping Benefits) Regulations, 1953.
S.I. No. 14 of 1953. | ||
SOCIAL WELFARE (OVERLAPPING BENEFITS) REGULATIONS, 1953. | ||
The Minister for Social Welfare in exercise of the powers conferred on him by sections 3 , 32 and 75 of the Social Welfare Act, 1952 (No. 11 of 1952) and of all other powers enabling him in this behalf hereby makes the following Regulations :— | ||
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1 Citation. | 1. These Regulations may be cited as the Social Welfare (Overlapping Benefits) Regulations, 1953. | |
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2 Commencement | 2. These Regulations shall come into operation on the 5th day of January, 1953. | |
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3 Interpretation. | 3. In these Regulations unless the context otherwise requires— | |
" the Act " means the Social Welfare Act, 1952 ; | ||
" the Minister " means the Minister for Social Welfare ; | ||
" the National Health Insurance Acts " means the National Health Insurance Acts, 1911 to 1952 ; | ||
" the Old Age Pensions Acts " means the Old Age Pensions Acts, 1908 to 1952 ; | ||
" the Unemployment Assistance Acts " means the Unemployment Assistance Acts, 1933 to 1952 ; | ||
" the Unemployment Insurance Acts " means the Unemployment Insurance Acts, 1920 to 1952 ; | ||
" the Widows' and Orphans' Pensions Acts " means the Widows' and Orphans' Pensions Acts, 1935 to 1952 ; | ||
" the Workmen's Compensation Acts " means the Workmen's Compensation Acts, 1934 and 1948. | ||
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4 Widows' Pension, Disability Benefit and Unemployment Benefit. | 4.—(1) Where a widow is in receipt of a widow's (contributory) pension under the Act or a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts in respect of any week the rate of disability benefit or unemployment benefit (excluding any increase payable under subsection (1) of section 27 of the Act) otherwise payable to her in respect of any day in that week shall, subject to the provisions of sub-articles 5 and 6 of this article, be reduced by half. | |
(2) Where in respect of any week a widow is in receipt of a widow's (contributory) pension under the Act which includes an increase payable by virtue of subsection (2) of section 27 of the Act in respect of a qualified child or each of two qualified children an increase under subsection (1) of the said section 27 shall not be payable to her in respect of such child or each of such children, as the case may be, for any day of such week. | ||
(3) Where in respect of any week a widow is in receipt of a child's (non-contributory) allowance under the Widows' and Orphans' Pensions Acts in respect of a qualified child or in respect of each of two qualified children any increase of benefit payable to such widow under subsection (1) of section 27 of the Act for any day in such week shall be payable at a weekly rate equal to the difference between the weekly rate of seven shillings and the weekly rate of such allowance payable in respect of such child or each of such children, as the case may be. | ||
(4) Where under the Widows' and Orphans' Pensions Acts a widow's (non-contributory) pension is reduced on grounds of means, then for the purpose of this article— | ||
(a) in case the weekly rate of the pension is six shillings or more for a widow with one qualified child the weekly rate of the child's (non-contributory) allowance shall be taken to be six shillings ; | ||
(b) in case the weekly rate of the pension is twelve shillings or more for a widow with two or more qualified children the weekly rate of each child's (non-contributory) allowance shall be taken to be six shillings ; | ||
(c) in case the weekly rate of the pension is less than six shillings for a widow with one qualified child the weekly rate of the child's (non-contributory) allowance shall be taken to be a rate equal to the weekly rate of the pension ; | ||
(d) in case the weekly rate of the pension is less than twelve shillings for a widow with two or more qualified children, the weekly rate of each child's (non-contributory) allowance shall be taken to be a rate equal to one half of the weekly rate of the pension. | ||
(5) Where by reason of her means a widow is in receipt of a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts at a reduced rate in respect of any week the rate of disability benefit or unemployment benefit otherwise payable to her in respect of any day in that week shall be at such a rate (not being less than that specified in sub-article (1) of this article) as the Minister may in any particular case consider appropriate and the provisions of sub-article (1) of this article shall not apply in such a case. | ||
Provided that in any such case | ||
(i) if the widow's (non-contributory) pension does not include a child's non-contributory allowance she shall not receive more than thirty-two shillings by way of pension and disability benefit or unemployment benefit in respect of any week ; | ||
(ii) if the widow's (non-contributory) pension includes a child's non-contributory allowance in respect of a qualified child she shall not receive morethan thirty-nine shillings by way of pension and disability benefit or unemployment benefit in respect of any week ; | ||
(iii) if the widow's (non-contributory) pension includes a child's non-contributory allowance in respect of two or more qualified children she shall not receive more than forty-six shillings by way of pension and disability benefit or unemployment benefit in respect of any week. | ||
(6) Where a widow in receipt of a widow's (contributory) pension under the Act or a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts in respect of any week is also in receipt of a pension as a blind person under the Old Age Pensions Acts in respect of that week, no disability benefit or unemployment benefit shall be payable to her in respect of any day in such week. | ||
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5 .. | 5.—(1) The provisions of Article 4 of these Regulations shall not operate to reduce the aggregate rate of widow's (contributory) pension under the Act or widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts and of disability benefit or unemployment benefit to a rate less in the case of a widow in receipt of widow's (contributory) pension immediately before the appointed day or in the case of a widow in receipt of a widow's (non-contributory) pension immediately before the 2nd January, 1953, than the aggregate rate which such widow was entitled to by way of pension and sickness benefit or disablement benefit under the National Health Insurance Acts or unemployment benefit under the Unemployment Insurance Acts, immediately before such day. | |
(2) This article shall cease to apply to a widow on the day in respect of which such widow ceases for the first time on or after the appointed day to be in receipt of widow's (contributory) pension or disability benefit or unemployment benefit under the Act or widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts. | ||
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6 Widow's (contributory) pension and widow's (non-contributory) pension. | 6. Where a widow is entitled to a widow's (contributory) pension under the Act a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts shall not be payable to her. | |
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7 Orphan's (contributory) allowance and orphan's (non-contributory) pension. | 7. Where an orphan's (contributory) allowance under the Act is payable in respect of a qualified child an orphan's (non-contributory) pension under the Widows' and Orphans' Pensions Acts shall not be payable in respect of that child. | |
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8 Orphan's allowance or pension and an increase under Section 27 (1). | 8.—(1) An increase under subsection (1) of section 27 of the Act shall not be payable in respect of any qualified child for any day of any week in respect of which an orphan's (contributory) allowance under the Act or an orphan's (non-contributory) pension under the Widows' and Orphans' Pensions Acts is payable in respect of that child. | |
(2) Sub-article (1) of this article shall not apply where an increase in benefit under the National Health Insurance Acts or under the Unemployment Insurance Acts was payable immediately before the appointed day in respect of a child in respect of whom an orphan's pension under the Widows' and Orphans' Pensions Acts was also payable but in any such case this sub-article shall cease to have effect on the first day after the appointed day when disability benefit or unemployment benefit ceases to be payable. | ||
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9 Orphan's allowance or pension and unemployment assistance. | 9.—(1) Where an orphan's (contributory) allowance under the Act or an orphan's (non-contributory) pension under the Widows' and Orphans' Pensions Acts is payable in respect of a child that child shall not be regarded as a dependant for the purpose of determining the appropriate rate of assistance payable to a person under the Unemployment Assistance Acts. | |
(2) Where immediately before the appointed day an orphan's pension under the Widows' and Orphans' Pensions Acts was payable in respect of a dependant of a recipient of assistance under the Unemployment Assistance Acts, sub-article (1) of this article shall not operate until the first day on or after the appointed day in respect of which that recipient ceases to be entitled to such assistance. | ||
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10 Orphan's allowance or pension and an increase under Section 27 (2). | 10. An orphan's (contributory) allowance under the Act or an orphan's (non-contributory) pension under the Widows' and Orphans' Pensions Acts shall not be payable in respect of a qualified child in respect of whom an increase under subsection (2) of section 27 of the Act or a child's (non-contributory) allowance under the Widows' and Orphans' Pensions Acts is claimable. | |
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11 Widow's (contributory) pension and unemployment assistance. | 11. Where— | |
(a) in respect of any period unemployment assistance has been paid to a person who, though entitled to a widow's (contributory) pension, is not at that time receiving payments on account thereof, and | ||
(b) such unemployment assistance would not have been paid if that person had then been receiving payment on account of a widow's (contributory) pension, and | ||
(c) any sum (in this paragraph referred to as the arrears) accruing in respect of any part of the said period on account of a widow's (contributory) pension subsequently becomes payable to that person, | ||
the Minister may reduce the arrears by an amount not exceeding the amount paid in unemployment assistance to such person and in such case an amount equal to the amount by which the arrears were reduced (the amount so deducted) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. | ||
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12 Unemployment benefit and Widow's (contributory) pension anmd home assistance. | 12.—(1) Where— | |
(a) in respect of any period a public assistance authority has granted home assistance to or on account of a person who, though entitled to unemployment benefit or a widow's (contributory) pension, is not at that time receiving payments on account thereof, and | ||
(b) such home assistance is in excess of the amount which would have been granted to such person if such person had been receiving payment on account of unemployment benefit or a widow's (contributory) pension, and | ||
(c) any sum (in this paragraph referred to as the arrears) accruing in respect of any part of the said period on account of unemployment benefit or a widow's (contributory) pension subsequently becomes payable to such person, and | ||
(d) such public assistance authority has, before the arrears are paid to such person, certified to the Minister the amount (in this paragraph referred to as the excess) so paid by such public assistance authority in excess in respect of the said period, | ||
the Minister may reduce the arrears by an amount not exceeding the amount of the excess and shall, in such case, pay to such public assistance authority out of the Social Insurance Fund a sum equal to the amount by which the arrears are so reduced. | ||
(2) The provisions of sub-article (1) of this article shall extend to a case where any sum becomes subsequently payable on account of an orphan's (contributory) allowance or on account of an increase under subsection (2) of section 27 of the act payable in respect of a qualified child on account of whom any such home assistance as is mentioned in sub-article (1) hereof has been granted in like manner as to a case where a sum on account of a widow's (contributory) pension becomes subsequently payable to a person to or on account of whom such home assistance as aforesaid has been granted and shall apply in such a case subject to the necessary modifications. | ||
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13 Disability Benefit and Maternity Benefit. | 13. Where a woman would but for this article be entitled to payment of disability benefit and maternity allowance in respect of the same day she shall be paid one or other (but not both) of the said benefits. | |
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14 Benefit in Hospital, etc. | 14.—(1) Subject to the provisions of sub-article 6 of this article no payment shall be made on account of any benefit to any person during any period when the person to whom the benefit is payable is an inmate of any district institution, hospital, mental hospital, convalescent home, infirmary, sanatorium or similar institution, supported by any public authority or out of any public funds or by a charity, or voluntary subscriptions. | |
(2) During any such period as aforesaid the sum which would otherwise have been payable on account of any such benefit to such person as aforesaid— | ||
(a) If that person is entitled to an increase for an adult dependant or a qualified child or for each of two qualified children or if he satisfies the Minister that there is a person (other than a person in respect of whom an increase is payable) dependent on him—may, at the discretion of the Minister, but after consultation whenever possible with that person, be applied wholly or in part for the advantage of, or be paid wholly or in part to that person's dependant or be applied wholly or in part for the advantage of such qualified children ; | ||
(b) so far as not applied or paid under the preceding provision, or if that person is not entitled to an increase for an adult dependant or for a qualified child, or if he fails to satisfy the Minister that there is a person (other than a person in respect of whom an increase is payable) dependent on him, and if in any case he so authorises—may be applied at the discretion of the Minister towards defraying any expenses for which he may be or become liable otherwise than to the institution while he is such an inmate as aforesaid. | ||
(3) Any sum which but for the provisions of this article would have been payable to any person on account of any benefit shall (subject to the provisions of the next succeeding sub-article of this article), if and so far as it is not paid or applied during such a period as aforesaid in accordance with the foregoing provisions of this article be paid in cash to that person after he has left the institution and either in a lump sum or in instalments, at the discretion of the Minister, or if that person dies before payment is made shall be deemed to form part of his estate. | ||
(4) The amount payable to a person or deemed to form part of a person's estate by virtue of sub-article (3) hereof shall be limited to a maximum of one hundred pounds. | ||
(5) In arriving at the maximum amount payable, or deemed to form part of the person's estate for the purposes of the immediately preceding sub-article, sums payable on account of benefit under the National Health Insurance Acts shall be disregarded. | ||
(6) This article shall not apply to widow's (contributory) pension or orphan's (contributory) allowance. | ||
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15 Army Pensions. | 15.—(1) Subject to the provisions of article 16 hereof where a person is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State, or of any other State, being a pension in the highest degree, or, in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medicaltreatment in any institution, or receiving training in a technical institution he shall not be entitled to disability benefit unless and until twenty-six employment contributions in respect of twenty-six weeks of insurable employment have been paid in respect of him since the date of his discharge from the said armed forces and in the application to him of the provisions of sub-sections (1) and (3) of section 16 of the act only employment contributions paid in respect of weeks of insurable employment since the date of his discharge shall be taken into account. | |
(2) A contribution paid as an employed contributor under the National Health Insurance Acts in respect of a week of employment shall be deemed to be an employment contribution for the purposes of the foregoing sub-article of this article. | ||
(3) Where a person is in receipt of such a pension or allowance as is specified in sub-article (1) of this article, and that pension or allowance includes an addition for a wife, for a child who is a qualified child, or for each of two children who are qualified children, then any disability benefit which may become payable to such person shall— | ||
(i) where such disability benefit includes an increase for an adult dependant, be reduced by an amount equal to the addition for a wife payable in the pension or allowance and | ||
(ii) where such disability benefit includes an increase for a qualified child or for each of two qualified children, it shall be reduced by an amount equal to the addition for a qualified child or for each of two qualified children, as the case may be, payable in the pension or allowance. | ||
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16 Saver. | 16. Where a person in receipt of such pension or allowance as is specified in sub-article (1) of article 15 hereof was immediately before the appointed day in receipt of sickness benefit or disablement benefit under the National Health Insurance Acts, and such person fails to satisfy the requirements of sub-article (1) of the said article 15 as regards the number of contributions paid since discharge, then notwithstanding the provisions of the said sub-article, such person, if he is otherwise entitled to disability benefit shall receive that benefit at a rate of sixteen shillings and six pence per week. | |
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17 Workmen's Compensation | 17.—(1) Where an insured person has received or recovered or is entitled to receive or recover, whether from his employer or any other person, any compensation under the Workmen's Compensation Acts, or any scheme certified thereunder, in respect of any injury or disease, the following provisions shall apply :— | |
(a) disability benefit (including any increase thereof) shall not be paid to such person in respect of such injury or disease in any case where any weekly sum or the weekly value of any lump sum paid or payable by way of compensation in respect of such injury or disease is equal to or greater than the benefit otherwise payable to suchperson, unless and except so far as such weekly or lump sum is irrecoverable, and where any such weekly sum or the weekly value of any such lump sum is less than the benefit in question, such part only of the benefit shall be paid as, together with the weekly sum or the weekly value of the lump sum, if and so far as such weekly or lump sum is recoverable, will be equal to the benefit ; | ||
(b) the determination of the weekly value of any such lump sum as aforesaid shall be deemed to be a question for decision by a deciding officer under section 42 of the act. | ||
(2) The Minister may, notwithstanding anything in sub-article (1) of this article, pay to an insured person benefit by way of advance pending the settlement of his claim for compensation and any advance so made shall, without prejudice to any other method of recovery, be recoverable by deduction from any benefit which may subsequently become payable to such person. | ||
(3) Where the Minister has made or intends to make advances to an insured person he may give notice thereof to the person liable to pay the compensation and if such notice is given, the person so liable shall repay to the Minister up to the amount which he is liable to pay as compensation less such part, if any, of that amount as he has already paid, the amount advanced, and the receipt of the Minister shall, up to the amount of the repayment, be a full and valid discharge to that person in respect of the compensation payable by him to the insured person. | ||
Provided that if the person so liable to pay compensation notifies the Minister that he intends to pay or that he has paid compensation, he shall not be under any obligation to make any repayments in respect of any advance made after the date of the payment of the compensation or after the time at which notice so given by him is received by the Minister. | ||
GIVEN under the Official Seal of the Minister for Social Welfare this 5th day of January, One Thousand Nine Hundred and Fifty-three. | ||
SÉAMAS Ó RIAIN, | ||
Minister for Social Welfare. |