S.I. No. 186/1998:

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 7) (DEATH GRANT) REGULATIONS, 1998.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 7) (DEATH GRANT) REGULATIONS, 1998.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 , 115 and 241 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Death Grant) Regulations, 1998.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998.

2. In these Regulations--

"the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 );

"the Regulations of 1996" means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (Treatment Benefit) Regulations, 1996 ( S.I. No. 383 of 1996 );

"the Regulations of 1998" means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Late Claims) Regulations, 1998 ( S.I. No. 55 of 1998 ).

3. The Regulations specified in column (1) of Schedule B to these Regulations are revoked to the extent specified in column (2) of the said Schedule.

4. Part V of the Second Schedule to the Principal Act is hereby amended by the substitution in column (2)--

(a) opposite paragraph (a) of "£100" for "£20", and

(b) opposite paragraph (b) of "£100" for "£60".

5. Part II of the Principal Regulations are hereby amended by the insertion after Chapter 9 (inserted by article 5 of the Regulations of 1996) of the following Chapter:

"CHAPTER 10

DEATH GRANT

Definitions.

67AA. In this Chapter--

"number of contributions" means the number of contribution weeks in the relevant contribution year in respect of which the relevant insured person has qualifying contributions, voluntary contributions or credited contributions;

"relevant contribution year" means the contribution year referred to in section 115(1)(b)(i);

"relevant insured person" has the meaning assigned in section 114;

"yearly average" has the meaning assigned in section 114.

Partial satisfaction of contribution conditions for death grant.

67AB. (1) Where a person would be entitled to a death grant but for the fact that either of the contribution conditions contained in section 115(1)(b) are not satisfied he or she shall be entitled to a death grant at a rate determined in accordance with sub-article (2):

Provided that the number of contributions or yearly average is not less than 26.

(2) In the case of a person to whom sub-article (1) applies, where the number of contributions or the yearly average is less than 48 but not less than 26, fractions of a whole number being disregarded, a death grant shall be payable at the appropriate rate set out in Schedule S.

Transitional provisions.

67AC. Where for the purpose of satisfying the contribution conditions for death grant contained in section 115(1)(a), a person who was an insured person on the 1st day of October, 1970 and who during the subsequent 12 months--

(a) was or became a voluntary contributor paying a contribution at a rate specified in section 22(1)(b)(ii), each such voluntary contribution paid in respect of a week, the whole or any part of which is in the said period, may be reckoned as one employment contribution, or

(b) (i) is credited in respect of a week, the whole or part of which is in the said period, with a contribution in respect of unemployment, incapacity for work or retirement, such credited contribution may be reckonable provided not less than twenty-six employment contributions have been paid in respect of the relevant insured person prior to such contribution being credited. For this purpose a contribution paid in respect of insurable employment under the National Health Insurance Acts 1911 to 1952 may be reckoned as an employment contribution.

(ii) For the purpose of this paragraph account may not be taken of the credited contributions which under article 58(4) of the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 ( S.I. No. 312 of 1996 ) are reckonable only for the purposes of satisfying the contribution conditions for widows and widowers (contributory) pension.".

6. The Principal Regulations are hereby amended by the insertion after Schedule R (inserted by article 5 of the Regulations of 1998) of the following Schedule:

"SCHEDULE S

Article 67AC

".

SCHEDULE B

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 21st day of May, 1998.

DERMOT AHERN,

Minister for Social, Community and Family Affairs.

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

GIVEN under the Official Seal of the Minister for Finance, this 23rd day of May, 1998.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide that Death Grants shall be increased to a standard rate of £100 where the contribution conditions set out in the Social Welfare (Consolidation) Act, 1993 are satisfied and where the contribution conditions are partially satisfied the Death Grant payable shall be £95.

The Regulations also consolidate the existing Regulations in respect of Death Grants into the Consolidated Payment Provisions Regulations.