S.I. No. 344/1987:

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1987.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1987.

The Minister for Social Welfare in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and section 130 of that Act (as amended by section 15 of the Social Welfare Act, 1984 (No. 5 of 1984)) hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1987.

2. These Regulations, the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1986 ( S.I. No. 368 of 1986 ) and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1984 shall be construed as one and may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1987.

3. These Regulations shall come into operation on the 1st day of January, 1988.

4. In these Regulations--

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 ;

"the Principal Regulations" means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 );

"blind pension" means a pension payable under section 175 of the Principal Act.

5. Article 4 of the Principal Regulations (as amended by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1974 ( S.I. No. 224 of 1974 )) is hereby amended by the substitution for sub-articles (1), (2), (3) and (4) of that article of the following sub-articles:--

"4. (1) Subject to sub-article (1B), where in respect of any week a person is in receipt of--

( a ) widow's (contributory) pension,

( b ) deserted wife's benefit,

( c ) death benefit by way of widow's pension, widower's pension or parent's pension,

( d ) widow's (non-contributory) pension,

( e ) deserted wife's allowance,

( f ) unmarried mother's allowance,

( g ) prisoner's wife's allowance,

( h ) survivor's benefit payable under section 87 of the Principal Act,

disability benefit, maternity allowance or unemployability supplement shall not be payable to that person in respect of any day in that week.

(1A) Where in respect of any week a person is in receipt of any of the payments specified in sub-article (1), the rate of unemployment benefit to which that person becomes entitled shall be reduced by half.

(1B) Notwithstanding sub-article (1), where on the 1st day of January 1988, a person is in receipt of disability benefit, maternity allowance or unemployability supplement, and

( a ) widow's (contributory) pension,

( b ) deserted wife's benefit,

( c ) death benefit by way of widow's pension, widower's pension or parent's pension,

( d ) widow's (non-contributory) pension,

( e ) deserted wife's allowance,

( f ) unmarried mother's allowance,

( g ) prisoner's wife's allowance,

( h ) survivor's benefit.

that person shall continue to be entitled to disability benefit, maternity allowance or unemployability supplement until the end of the period of incapacity for work or until the end of the period for which maternity allowance is payable as appropriate.

(2) Where in respect of any week a person is in receipt of any of payments specified at (a) to (h) of sub-article (1) which includes an increase in respect of a qualified child, an increase of unemployment benefit in respect of a qualified child shall not be payable to that person for any day of that week.

(3) Where in respect of any week a person is in receipt of widow's (contributory) pension or deserted wife's benefit at a rate less than that specified in the Second Schedule to the Principal Act or of any of the payments specified at (d) to (g) of sub-article (1) of this article at a reduced rate by reason of means, the provisions of sub-articles (1) and (2) of this article shall not apply, but if, in respect of that week, the total amount payable to that person by way of such pension, benefit or allowance and by way of unemployment benefit (including any increase in respect of a qualified child) would exceed the amount which would be payable if such pension, benefit or allowance were not reduced and sub-articles (1) and (2) of this article applied, the unemployment benefit shall be reduced by the amount of the excess.

(4) Where in respect of any week a person who is in receipt of any of the payments specified at (a) to (h) of sub-article (1) of this article is also in receipt of a blind pension then unemployment benefit shall not be payable to that person in respect of any day in the week.".

6. Article 4 of the Principal Regulations (as amended by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1974) is hereby amended by the deletion of sub-articles (7) and (9).

GIVEN under the Official Seal of the Minister for Social Welfare this 21st day of December 1987.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

These regulations provide that as and from 1 January 1988, new claimants to disability benefit, maternity allowance and unemployability supplement who are also in receipt of widow's pensions, deserted wife's payments, death benefit pensions under the Occupational Injuries Benefit scheme, unmarried mother's allowance, prisoner's wife's allowance and survivor's benefit will no longer be entitled to receive half-rate payment (of disability benefit, maternity allowance or unemployability supplement).

The regulations also provide that persons who are already in receipt of half-rate disability benefit, maternity allowance or unemployability supplement on 1 January 1988 may continue to receive such payments until the end of the period of incapacity for work or until the end of the period for which maternity allowance is payable, as appropriate.