S.I. No. 261/1996 - Social Welfare (Treatment Benefit) (Amendment) (No. 2) Regulations, 1996.

S.I. No. 261 of 1996.

SOCIAL WELFARE (TREATMENT BENEFIT) (AMENDMENT) (NO. 2) REGULATIONS, 1996.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 4 (as amended by section 37 of the Social Welfare Act, 1996 (No. 7 of 1996)) and section 117 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 (Treatment Benefit) (Amendment) (No. 2) Regulations, 1996.

(2) These Regulations and the Social Welfare (Treatment Benefit) Regulations, 1954 to 1996 shall be construed together as one and may be cited together as the Social Welfare (Treatment Benefit) Regulations, 1954 to 1996.

2 Interpretation.

2. In these Regulations—

"the Principal Act" means the Social Welfare (Consolidation) Act, 1993 ;

"the Principal Regulations" means the Social Welfare (Treatment Benefit) Regulations, 1954 ( S.I. No. 156 of 1954 );

"the Regulations of 1953" means the Social Welfare (Contributions) Regulations, 1953 to 1996; and

"the Regulations of 1996" means the Social Welfare (Treatment Benefit) (Amendment) Regulations, 1996 ( S.I. No. 125 of 1996 ).

3 Amendment of article 10A of Principal Regulations.

3. Article 10A of the Principal Regulations is hereby amended by the substitution for sub-article (4) (substituted by article 3 of the Regulations of 1996) of the following sub-article :

"(4) The contribution condition contained in sub-article 1 (b) (ii) and (1) (c) (ii) of this article requiring the claimant to have qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year shall not apply in the case of a person who—

(i) is in receipt of — —

(a) disability benefit under Chapter 7 of Part II of the Principal Act for a period of not less than 312 days in respect of any period of interruption of employment,

(b) retirement pension under Chapter 13 of Part II of the Principal Act,

(c) invalidity pension under Chapter 15 of Part II of the Principal Act,

(d) unemployment assistance under Chapter 2 of Part III of the Principal Act and is a person to whom section 121 (1) (a) (as amended by section 22 of the Social Welfare Act, 1996 ) of that Act applies,

(e) pre-retirement allowance under Chapter 3 of Part III of the Principal Act, or

(f) carer's allowance under Chapter 10 of Part III of the Principal Act, or

(ii) not being in receipt of any benefit under Part II of the Principal Act or assistance under Part III of the said Act, is of or over the age of 55 years and is entitled to employment contributions credited under the provisions of article 4 of the Regulations of 1953 in respect of proved unemployment.

GIVEN under the Official Seal of the Minister for Social Welfare this

30th day of August, 1996.

PROINSIAS DE ROSSA

Minister for Social Welfare

EXPLANATORY NOTE

These Regulations exempt people age 55 or over who are signing for credited contributions in respect of proved unemployment from the requirement of having to have 13 paid contributions in the relevant contribution year in order to qualify for Treatment Benefit.