S.I. No. 126/1963 - Social Welfare (General Benefit) (Amendment) Regulations, 1963.


S.I. No. 126 of 1963.

SOCIAL WELFARE (GENERAL BENEFIT) (AMENDMENT) REGULATIONS, 1963.

I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise of the powers conferred on me by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952), and by section 48 of the said Act as amended by section 17 of the Social Welfare (Miscellaneous Provisions) Act, 1961 (No. 22 of 1961), hereby make the following Regulations :

1.—(1) These Regulations may be cited as the Social Welfare (General Benefit) (Amendment) Regulations, 1963.

(2) These Regulations and the Social Welfare (General Benefit) Regulations, 1953 and 1960 may be cited collectively as the Social Welfare (General Benefit) Regulations, 1953 to 1963.

2. Article 10 of the Social Welfare (General Benefit) Regulations, 1953 ( S.I. No. 16 of 1953 ) is hereby amended by the substitution therein for sub-article (2) of the following sub-article :

" (2) (a) Any benefit repayable in accordance with the preceding sub-article of this article may, without prejudice to any other method of recovery, be recovered by deduction from any one or more of the following, that is to say, benefit (except maternity benefit, or orphan's (contributory) allowance), assistance under the Unemployment Assistance Acts, 1933 to 1962, a pension under the Old Age Pensions Acts, 1908 to 1962, or a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts, 1935 to 1962, to which such person then is or becomes entitled.

(b) Nothing in the preceding paragraph shall operate to prevent orphan's (contributory) allowance which is repayable in accordance with sub-article (1) of this article from being recovered by deduction from an orphan's (contributory) allowance to which such person then is or becomes entitled."

GIVEN under my Official Seal, this 16th day of July, 1963.

C AOIMHGHÍN Ó BEOLÁIN,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations implement the extended powers resulting from section 17 of the Social Welfare (Miscellaneous Provisions) Act, 1961 , in relation to the recovery of overpayments of benefit fraudulently obtained. Recovery may now also be effected from certain kinds of social assistance to which title may subsequently arise. Complementary regulations relating to similar overpayments of social assistance are contained in the Social Welfare (Assistance Decisions and Appeals) (Amendment) Regulations, 1963 ( S.I. No. 127 of 1963 ).