S.I. No. 237/1973:

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1973.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1973.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 32 and 75 of the Social Welfare Act, 1952 (No. 11 of 1952 ) and sections 21 and 22 of the Social Welfare Act, 1970 (No. 12 of 1970) and section 8 of the Social Welfare Act, 1973 (No. 10 of 1973) hereby makes the following Regulations--

1. (1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1973.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1972, may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1973.

2. In these Regulations--

"the Act" means the Social Welfare Act, 1952 (No. 11 of 1952);

"the Act of 1966" means the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966);

"the Act of 1970" means the Social Welfare Act, 1970 (No. 12 of 1970);

"the Act of 1973" means the Social Welfare Act, 1973 (No. 10 of 1973);

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

"the Regulations of 1960" means the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1960 ( S.I. No. 278 of 1960 );

"the Regulations of 1965" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1965 ( S.I. No. 61 of 1965 );

"the Regulations of 1967" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1967 ( S.I. No. 91 of 1967 );

"the Regulations of 1969" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1969 ( S.I. No. 269 of 1969 );

"the Regulations of 1970" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1970 ( S.I. No. 221 of 1970 );

"the Regulations of 1971" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1971 ( S.I. No. 87 of 1971 );

"widow's (contributory) pension" means a widow's (contributory) pension under the Act;

"widow's (non-contributory) pension" means a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts;

"deserted wife's allowance" means a deserted wife's allowance under section 22 of the Act of 1970;

"deserted wife's benefit" means deserted wife's benefit under the Act, as inserted by section 17 of the Act of 1973;

"unmarried mother's allowance" means a social assistance allowance under section 8 of the Act of 1973;

"child's (non-contributory) allowance" means a child's (non-contributory) allowance under the Widows' and Orphans' Pensions Acts, 1935 to 1973;

"increase in respect of a qualified child or children" means, in relation to unmarried mother's allowance or deserted wife's allowance, so much of such allowance as would be payable to a woman in respect of a qualified child or children if the woman were a widow and the allowance a widow's (non-contributory) pension and, in relation to pension or benefit, an increase under either subsection (1) or subsection (2), as the case may be, of section 27 of the Act.

3. Article 31 of the Principal Regulations (inserted therein by the Regulations of 1970) is hereby revoked.

4. (1) Sub-articles (1), (1A), (2), (3), (5), (5A) and (6) of article 4 of the Principal Regulations as amended by the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1972, are hereby deleted and the following sub-articles substituted therefor:--

"(1) where a woman is in receipt of--

( a ) widow's (contributory) pension or

( b ) deserted wife's benefit or

( c ) death benefit by way of widow's pension under the Act of 1966 or

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

( e ) deserted wife's allowance or

( f ) unmarried mother's allowance

in respect of any week, the rate of disability benefit or unemployment benefit (excluding any increase thereof in respect of a qualified child or children) or maternity allowance shall, subject to the subsequent provisions of this article, be reduced by half.

(2) Where in respect of any week a woman is in receipt of any pension, benefit, or allowance specified at (a) to (f) of sub-article (1) of this article which includes an increase or allowance in respect of a qualified child or children, an increase of disability benefit or unemployment benefit in respect of a qualified child or children shall not be payable to her in respect of such child or children for any day of such week.

(3) Where in respect of any week a woman is in receipt of either the pension or the benefit specified at (a) and (b) of sub-article (1) of this article at a rate less than that specified in the Third Schedule to the Act or is in receipt of the pension or either of the allowances specified at (d), (e) or (f) of the said sub-article at a reduced rate by reason of her 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 her by way of such pension, benefit or allowance and by way of disability benefit or unemployment benefit (including any increase in respect of a qualified child) or by way of an unemployability supplement and any increase under section 11 of the Act of 1966 or by way of maternity allowance which 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 disability benefit, unemployment benefit, maternity allowance or unemployability supplement, as the case may be, shall be reduced by the amount of the excess.

(4) Where in respect of any week a woman in receipt of any pension, benefit or allowance specified at (a) to (f) of sub-article (1) of this article is also in receipt of pension as a blind person under the Old Age Pensions Acts, then disability benefit, unemployment benefit or unemployability supplement shall not be payable to her in respect of any day in that week ".

(2) Sub-article (9) of article 4 of the Principal Regulations as inserted by the Regulations of 1967 and amended by the Regulation of 1969 is hereby further amended by the deletion of the words "Sub-articles (1), (1A) and (6)" and the substitution therefor of the words "Sub-articles (1) and (4)".

5. The Principal Regulations are hereby amended by the insertion, following article 6, of the following article:--

"6A. (1) Where a woman is entitled to or in receipt of deserted wife's benefit a deserted wife's allowance shall not, save as provided in sub-article (2) of this article, be payable to her.

(2) Where the weekly rate of deserted wife's allowance (including any increase for a qualified child or children) payable to a woman exceeds the rate of deserted wife's benefit (including any increase for a qualified child or children) the deserted wife's allowance may be paid.

(3) In any case in which a deserted wife's allowance is paid in accordance with sub-article (2) of this article entitlement to deserted wife's benefit (including any increase thereof that would otherwise be payable) shall continue but the amount of any such benefit shall not be paid to or in respect of the person, but shall be paid out of the Social Insurance Fund to the Exchequer.".

6. Sub-article (1) of article 8 of the Principal Regulations (as inserted by the Regulations of 1965 and amended by the Regulations of 1967) is hereby further amended by the addition of the following paragraph:--

"( e ) Where, but for the provisions of paragraph (a) of this sub-article an increase of deserted wife's benefit would be payable in respect of a qualified child at a rate exceeding the rate of orphan's (non-contributory) pension payable in respect of that child, then, notwithstanding the provisions of the said paragraph (a), the increase of deserted wife's benefit shall be payable and the orphan's (non-contributory) pension shall not be payable.".

7. Article 10 of the Principal Regulations (as inserted by the Regulations of 1960 and as amended by the Regulations of 1965 and the Regulations of 1967) is hereby further amended by the addition of the following paragraphs:--

"( g ) an increase of deserted wife's allowance;

( h ) an increase of unmarried mother's allowance;

( i ) unmarried mother's allowance."

8. Article 11 of the Principal Regulations (as amended by the Regulations of 1967, by the Regulations of 1969 and by the Regulations of 1970) is hereby further amended by the insertion before the words "and deserted wife's allowance" of the words "an unmarried mother's allowance, deserted wife's benefit,".

9. Article 12 of the Principal Regulations (inserted by the Regulations of 1971) is hereby amended by the insertion after paragraph (g) of the following paragraphs:--

"( h ) deserted wife's benefit or an increase thereof in respect of a qualified child or children,

( i ) unmarried mother's allowance or an increase thereof in respect of a qualified child or children."

10. Sub-article 6 of article 14 of the Principal Regulations (as inserted by the Regulations of 1970) is hereby amended by the insertion after the words "occupational injuries benefit" of the words "deserted wife's benefit".

11. The Principal Regulations are hereby amended by the insertion after article 19 (inserted by the Regulations of 1960) of the following article:--

"19A. Where, but for this article old age (contributory) pension and deserted wife's benefit would be payable to a person in respect of any period--

( a ) the old age (contributory) pension (including any increase in respect of a qualified child or children) shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of deserted wife's benefit (including any increase in respect of a qualified child) or children, and

( b ) the deserted wife's benefit (including any increase in respect of a qualified child or children) shall not be payable in respect of that period unless the rate thereof is greater than the rate of the old age (contributory) pension (including any increase in respect of a qualified child or children).".

12. Article 24 of the Principal Regulations (inserted by the Regulations of 1967) is hereby amended by the deletion of sub-article (2) and the substitution therefor of the following sub-article:--

"(2) Where a person would but for this article be entitled to a child's (non-contributory) allowance under the Widows' and Orphans' Pensions Acts, an increase of deserted wife's allowance or unmarried mother's allowance in respect of a qualified child and an increase under the Act of 1966 in respect of the same child only one such allowance or increase shall be payable."

13. Article 26 of the Principal Regulations (as inserted by the Regulations of 1967 and amended by the Regulations of 1969 and the Regulations of 1970) is hereby further amended by the insertion after paragraph (f) of the following paragraphs:--

"( g ) deserted wife's allowance,

( h ) deserted wife's benefit,

( i ) unmarried mother's allowance,"

and by the substitution for the words "specified at (a) to (f)" of the words "specified at (a) to (i)".

14. Sub-article (1) of article 28 of the Principal Regulations (substituted by the Regulations of 1971) is hereby amended by:--

(i) the insertion in sub-article (1) following paragraph (o) of the following paragraphs--

"( p ) deserted wife's allowance,

( q ) deserted wife's benefit,

( r ) unmarried mother's allowance,"

(ii) the substitution in sub-article (1) for the words "specified at (a) to (o)" of the words "specified at (a) to (r)",

(iii) the insertion in sub-article (2) following paragraph (i) of the following paragraphs--

"( j ) deserted wife's allowance,

( k ) deserted wife's benefit,

( l ) unmarried mother's allowance,

( m ) increase of deserted wife's allowance in respect of a qualified child or children,

( n ) increase of unmarried mother's allowance in respect of a qualified child or children.".

(iv) the substitution in sub-article (2) for the words "specified at (a) to (i)" of the words "specified at (a) to (n)".

15. Article 30 of the Principal Regulations (inserted by the Regulations of 1970) is hereby deleted and the following article substituted therefor--

"30. Where a woman would but for this article, be entitled in respect of any period to deserted wife's benefit, deserted wife's allowance or unmarried mother's allowance (including an increase in respect of a qualified child or children) and to unemployment assistance (including an increase in respect of a child dependant or child dependants) under the Unemployment Assistance Acts the benefit or allowance only, as the case may be, shall be payable unless the rate of unemployment assistance is greater than the rate of benefit or allowance payable in which event unemployment assistance only shall be payable.".

GIVEN under the Official Seal of the Minister for Social Welfare this 16th day of August, 1973.

BRENDAN CORISH,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare Act, 1973 , provides, inter alia for a social insurance scheme of benefit for deserted wives and a social assistance scheme of allowances for unmarried mothers. The Social Welfare (Overlapping Benefits) Regulations, 1953 to 1972, which provide for cases where more than one payment would otherwise be due to a person, are amended and extended by these Regulations to embrace the two new schemes. Under these Regulations the benefit scheme for deserted wives and the assistance scheme for unmarried mothers will, for the purpose of overlapping benefits, be treated on the same basis as widow's (contributory) pension and widow's (non-contributory) pension respectively.

In effect, if a woman, entitled to either deserted wife's benefit or unmarried mother's allowance (including increases for qualified children), is at the same time qualified for one or more of a number of other specified payments (other than disability or unemployment benefit or maternity allowance) either as a beneficiary or as a dependant of some other person, then payment under one scheme only may be made. Where there is concurrent entitlement to deserted wife's benefit or unmarried mother's allowance and to disability benefit, unemployment benefit or maternity allowance a proportion of the disability benefit, unemployment benefit or maternity allowance may be paid in addition to the deserted wife's benefit or unmarried mother's allowance.