S.I. No. 366/1986:

SOCIAL WELFARE (PRESERVATION OF RIGHTS) REGULATIONS 1986.

SOCIAL WELFARE (PRESERVATION OF RIGHTS) REGULATIONS 1986.

The Minister for Social Welfare, in exercise of the powers conferred on her by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by section 20 of the Social Welfare (No. 2) Act, 1985 (No. 14 of 1985) hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Preservation of Rights) Regulations, 1986.

2. These Regulations shall come into operation--

(a) on the 17th day of November, 1986 for the purpose of payment of disability benefit, maternity allowance and injury benefit

(b) on the 19th day of November, 1986 for the purpose of payment of unemployment assistance

(c) on the 20th day of November, 1986 for the purpose of payment of retirement pension, invalidity pension and unemployment benefit

(d) on the 21st day of November, 1986 for the purpose of payment of old age (contributory) pension, old age pension, blind pension and disablement benefit.

3. In these Regulations--

"The Act" means the Social Welfare (Consolidation) Act, 1981 .

"The Act of 1985" means the Social Welfare (No. 2) Act, 1985 .

"relevant payment" means any benefit, pension, assistance or allowance pursuant to the Act which by virtue of the provisions of paragraph (a) (iii) of section 2 (1) of the Act of 1981, as amended by section 3 of the Act of 1985 and by virtue of the provisions of the Social Welfare (Adult Dependant) Regulations, 1986, [ S.I. No. 369 of 1986 ] does not include an increase in respect of an adult dependant.

"Relevant operative date" means--

(a) the 17th day of November, 1986 for the purpose of payment of disability benefit, maternity allowance and injury benefit,

(b) the 19th day of November, 1986 for the purpose of payment of unemployment assistance.

(c) the 20th day of November, 1986 for the purpose of payment of retirement pensions, invalidity pension and unemployment benefit.

(d) the 21st day of November, 1986 for the purpose of payment of old age (contributory) pension, old age pension, blind pension and disablement benefit.

4. These Regulations shall apply to persons where in resepct of any day in the week ending on the day immediately preceeding the day on which the Regulations came into operation--

(a) the person was entitled to or was in receipt of any benefit, pension, assistance or allowance, pursuant to the Act, the weekly rate of which was increased in respect of an adult dependant.

(b) the adult dependant was entitled to or was in receipt of any pension benefit, assistance or allowance under Parts 11 or 111 (other than Chapter 2) of the Act or disabled person's maintenance allowance under section 69 of the Health Act, 1970 in respect of any day in that week, and

(c) on the relevant operative date, the weekly rate of the entitlement of such person ceased to include an increase in respect of an adult dependant by reason of the entitlement of the adult dependant to a payment mentioned in paragraph (b) of this article.

5. (1) Where in respect of any day in the week beginning with the date on which these Regulations come into operation a person to whom these Regulations apply is entitled to or is in receipt of any relevant payment, the weekly rate of that relevant payment and of any other relevant payment to which that person becomes entitled without a break shall, subject to sub-article (2) of this article, be increased by £10 for the duration of the period of continuous entitlement to that payment, or until the first anniversary of the day on which the Regulations came into effect whichever is the shorter.

(2) A person shall not be entitled to an increase of payment under sub-article (1) in respect of any period for which he receives or is entitled to receive an increase of that payment in respect of an adult dependant.

6. Where the relevant operative date in the case of a person to whom these regulations apply precedes the relevant operative date in the case of that person's spouse and the relevant payment to that person included an increase in respect of a child dependant or child dependants then that person shall receive an additional payment of 1/6th of the amount of that increase for each day from the relevant operative date in the case of that person to the day preceding the relevant operative date (inclusive) in the case of that person's spouse.

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

14th day of November 1986.

GEMMA HUSSEY,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 14 day of

November 1986.

JOHN BRUTON,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for:

(i) a £10 transitional payment to families where, on implementation of the equal treatment provisions, brought into force by the Social Welfare (No. 2) Act, 1985 (Commencement) Order, 1986, both spouses are entitled to a social welfare payment in their own right,

(ii) a once-off additional payment to families where the family qualifies for the weekly transitional payment of £10 and the day of the week on which the husband's benefit or assistance is paid precedes the day on which his wife's benefit or assistance is paid, resulting in his losing half of the increases for child dependants before his wife gains a corresponding increase in her payment.