S.I. No. 101/1985 - Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1985.

S.I. No. 101 of 1985.

SOCIAL WELFARE (AMENDMENT OF MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1985.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 3. 11 (1) (a), 14, 110 and 115 (3) of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by section 75 of that Act (as substituted by the Social Welfare (Amendment) Act, 1981 (No. 3 of 1981), hereby makes the following Regulations:

1. These Regulations may be cited as the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1985.

PART IVOLUNTARY CONTRIBUTIONS.

2. Where in the contribution year which commenced on the 6th day of April, 1984, a voluntary contributor had no reckonable income or where such income did not exceed the sum of £2,670, in determining the amount of a voluntary contribution to be paid by such contributor in the contribution year commencing on the 6th day of April, 1985, the amount of his income shall be taken to be £2.670.

3. This Part shall be construed as one with the Social Welfare (Voluntary Contributors) Regulations, 1979 and 1984.

PART IICREDITING OF CONTRIBUTIONS TO PARTICIPANTS IN THE SOCIAL EMPLOYMENT SCHEME.

4. In this Part—

"the Principal Regulations" means the Social Welfare (Contributions) Regulations, 1953 ( S.I. No. 5 of 1953 ).

5. Subject to the provisions of the Principal Regulations and article 6 a contribution shall be credited to an insured person for any contribution week during the whole or part of which he is employed under a scheme administered by the Department of Labour and known as the Social Employment Scheme.

6. (1) A contribution shall only be credited to an insured person in accordance with the provisions of article 5 provided that an employment contribution, other than a contribution under section 65 (2) of the Social Welfare (Consolidation) Act, 1981 , is not payable in respect of him or a contribution in respect of duly notified incapacity for work is not credited to him for that week.

(2) A contribution credited by virtue of these Regulations to a person who is a voluntary contributor or to whom article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ) applies or applied when he was last in employment shall be taken into account in relation to widow's (contributory) pension and deserted wife's benefit only or to widow's (contributory) pension, deserted wife's benefit, retirement pension, old age (contributory) pension and death grant as the case may be.

7. This Part shall be construed as one with the Social Welfare (Contributions) Regulations, 1953 to 1984.

PART IIITREATMENT BENEFITS—EXTENSION.

8. The Social Welfare (Treatment Benefit) Regulations, 1954 ( S.I. No. 156 of 1954 ) are hereby amended by the insertion of the following articles after article 10:—

"10A. Subject to article 10B a woman who is pregnant shall be entitled to benefit where the contribution conditions specified in article 10 (2) are satisfied by her husband's insurance.

10B. (1) A woman shall be entitled to dental benefit after confinement for pregnancy where the Minister is satisfied that there was good reason for not carrying out the dental treatment during the period of her pregnancy.

(2) Where a pregnant woman is entitled to dental benefit which consists of a course of dental treatment and such course of treatment has been approved by the Minister and has commenced prior to her confinement, her entitlement to benefit shall be continued, until such time after her confinement as the said course has been completed."

8. The Social Welfare (Treatment Benefit) Regulations, 1954 are hereby further amended by the addition of the following article after article 30:—

"30A. (1) A person who is aged 20 years or over shall only be entitled to payment of that part of optical benefit, which consists of a sight test, in respect of one such test in any period of two years, save where the Minister is satisfied that there are good clinical reasons in a particular case for obtaining such tests more frequently.

(2) In the case of a person aged under 20 years, sub-article (1) shall have effect as if the words "one year" were substituted for the words "two years"."

9. This Part shall be construed as one with the Social Welfare (Treatment Benefit) Regulations, 1954 to 1980, and shall come into operation on the 11th day of July, 1985.

PART IVMATERNITY ALLOWANCE (ADDITIONAL BENEFIT)—AVERAGE RECKONABLE EARNINGS.

10. For the purposes of section 75 (1) (b) of the Social Welfare (Consolidation) Act, 1981 , £101.50 is hereby prescribed as the amount of the average reckonable weekly earnings of women in the income tax year commencing on the 6th day of April, 1983.

11. This Part shall come into effect on the 1st day of April, 1985, and shall be construed as one with the Social Welfare (Maternity Allowance) (Additional Benefit) Regulations, 1981 to 1983 and Part II of the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1984 ( S.I. No. 90 of 1984 ).