S.I. No. 268/1969:

SOCIAL WELFARE (PRESCRIBED FEMALE RELATIVE) REGULATIONS, 1969.

SOCIAL WELFARE (PRESCRIBED FEMALE RELATIVE) REGULATIONS, 1969.

The Minister for Social Welfare in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952), section 26 (4) of the said Act (inserted by section 9 of the Social Welfare (Miscellaneous Provisions) Act, 1968 (No. 31 of 1968), as amended by section 15 of the Social Welfare (Miscellaneous Provisions) Act, 1969 (No. 19 of 1969) ) and section 77 (5) of the said Act (inserted by section 16 of the Social Welfare (Miscellaneous Provisions) Act, 1969 ), hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Prescribed Female Relative) Regulations, 1969.

2. These Regulations shall come into operation on the 2nd day of January, 1970.

3. In these Regulations " the Act of 1966 " means the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966).

4. The Social Welfare (Prescribed Female Relative) Regulations, 1968 ( S.I. No. 227 of 1968 ) are hereby revoked.

5. A sister, a half-sister, a daughter, a step-daughter, a granddaughter, a daughter-in-law and a niece are hereby specified to be prescribed female relatives for the purposes of section 26 (4) and section 77 (5) of the Social Welfare Act, 1952 .

6. The following conditions shall be fulfilled in respect of an increase of pension in respect of a prescribed female relative under section 26 (4) and section 77 (5) of the Social Welfare Act, 1952 --

(a) the beneficiary or pensioner, as the case may be, shall be living alone and, for the purpose of this paragraph, the residence of--

(i) the prescribed female relative,

(ii) children under the age of 16 or

(iii) persons aged 16 or over who are mentally or physically incapacitated, shall be disregarded,

(b) the prescribed female relative shall not be engaged in employment outside the home of the beneficiary or pensioner for whom she is providing full-time care and attention,

(c) the prescribed female relative shall not be in receipt of, or entitled to receive, unemployment benefit, unemployment assistance, disability benefit, maternity allowance, injury benefit unemployability supplement death benefit by way of widow's pension or death benefit by way of parent's pension at the higher rate under the Act of 1966, old age pension, old age (contributory) pension, widow's (contributory) pension or a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts which would be equal to or greater than the rate of increase in respect of a prescribed female relative,

(d) the beneficiary or pensioner, as the case may be, shall not be in receipt of a payment in respect of need for constant attendance under the Act of 1966,

(e) the prescribed female relative shall not be a married woman wholly or mainly maintained by her husband.

7. The conditions set out in article 6 of these Regulations shall not apply as respects a beneficiary or pensioner, as the case may be, who, immediately before the 2nd day of January, 1970, was in receipt of an increase of pension in respect of a prescribed female relative, during such period as the conditions under which the increase of pension is granted remain fulfilled.

GIVEN under the Official Seal of the Minister for Social Welfare this 31st day of December, 1969.

CAOIMHGHÍN Ó BEOLÁIN,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations, which come into operation on the 2nd January, 1970, revoke the Social Welfare (Prescribed Female Relative) Regulations, 1968 ( S.I. No. 227 of 1968 ) and re-enact the provisions of those Regulations, which specify a daughter or step-daughter to be prescribed female relatives for the purpose of the payment of increases of pension under section 26 (4) and section 77 (5) of the Social Welfare Act, 1952 (No. 11 of 1952), as well as extending the prescription to include also a sister, a half-sister, a grand-daughter, a daughter-in-law and a niece.

The increase of pension is paid, subject to certain conditions, to a person who is incapacitated and in receipt of an old age pension, either contributory or non-contributory, or, having reached pensionable age, a widow's contributory pension and with whom a prescribed female relative resides for the purpose of providing full-time care and attention. The Regulations specify in article 6 the conditions to be fulfilled in respect of the payment of the increase of pension.

The Regulations also provide that any pensioner who was in receipt of an increase of pension in respect of a prescribed female relative immediately before the 2nd January, 1970, shall not be disqualified by anything in the Regulations from continuing to receive the increase of pension as long as the conditions under which the increase was granted remain fulfilled.