S.I. No. 261/1990:

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) (NO. 2) REGULATIONS, 1990.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) (NO. 2) REGULATIONS, 1990.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 130 and 219 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1990.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1990, shall be constructed as one and may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1990.

2. These Regulations shall come into operation on the 1st day of November, 1990.

3. 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 ).

4. Sub-article (2) of article 12 of the Principal Regulations is hereby amended by the insertion after paragraph (n) (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1989 ( S.I. No. 279 of 1989 )) of the following paragraph:--

"( o ) carer's allowance or any increase thereof in respect of a qualified child.".

5. The Principal Regulations are hereby amended by the insertion after article 43 (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1990 ( S.I. No. 90 of 1990 )) of the following article:--

"44. (1) Where, but for this article, a carer's allowance would be payable to a person in respect of any period and any of the following would also be payable to or in respect of that person in respect of the same period:--

( a ) any benefit specified in section 17 (1) of the Principal Act, other than disablement benefit (exclusive of unemployability supplement) or death grant,

( b ) any assistance specified in section 134 (1) of the Principal Act, other than supplementary welfare allowance,

( c ) an increase in disability benefit under section 21 (1) of the Principal Act,

( d ) an increase in unemployment benefit under section 32 (1) of the Principal Act,

( e ) an increase in injury benefit under section 44 (1) of the Principal Act,

( f ) an increase in disablement benefit under section 45 of the Principal Act or for an adult dependant under section 44 (3) of that Act,

( g ) an increase in old age (contributory) pension under section 81 (1) of the Principal Act,

( h ) an increase in retirement pension under section 86 (1) of the Principal Act,

( i ) an increase in invalidity pension under section 91 (1) of the Principal Act,

( j ) an increase in unemployment assistance under secto 139 (a) of the Principal Act,

( k ) an increase in pre-retirement allowance under section 156B (1) (a) of the Principal Act,

( l ) an increase in old age (non-contributory) pension or blind pension under section 162 (1) (d) of the Principal Act,

either carer's allowance or the relevant benefit, assistance or increase of benefit or assistance specified at (a) to (l) shall be payable to or in respect of that person in respect of that period, but not both.

(2) Where, but for this article, more than one of the following would be payable to or in respect of a qualified child only one shall be paid:--

( a ) an increase of carer's allowance under section 198I (1) of the Principal Act, or

( b ) any benefit specified in section 17 (1) of the Principal Act, other than disablement benefit (exclusive of unemployability supplement) or death grant, or

( c ) any assistance specified in section 134 (1) of the Principal Act, other than supplementary welfare allowance.".

GIVEN under the Official Seal of the Minister for Social Welfare

this 31st day of October, 1990.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations extend to the carer's allowance scheme certain existing provisions which prevent the concurrent payment to a claimant of more than one social welfare payment.