S.I. No. 253/1983:

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1983.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1983.

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

1. (1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1983.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1979, shall be construed as one and may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1983.

2. In these Regulations--

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

3. Article 12 of the Principal Regulations (inserted therein by the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1977 ( S.I. No. 182 of 1977 ) is hereby deleted and the following substituted therefor:--

"12. (1) Where

( a ) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to a benefit, pension or allowance to which this article applies, is not at that time receiving payments on account thereof, and

( b ) such supplementary welfare allowance is in excess of the amount which would have been granted to such person if such person had been receiving payment on account of the said benefit, pension or allowance, and

( c ) any sum (in this article referred to as the arrears) accruing in respect of any part of the said period on account of the said benefit, pension or allowance becomes payable to such person, and

( d ) such health board has, before the arrears are paid to such person, certified to the Minister the amount so paid in excess in respect of the said period by such health board,

the Minister may pay to the health board out of the arrears an amount not exceeding the amount of such excess.

(2) This article applies to--

( a ) widow's (contributory) pension or an increase thereof in respect of a qualified child,

( b ) orphan's (contributory) allowance,

( c ) old age (contributory) pension (including benefit under section 87 of the Act) or an increase thereof in respect of an adult dependant or a qualified child,

( d ) old age (non-contributory) or blind pension, or an increase thereof in respect of an adult dependant, a qualified child or under Section 162 (1) (a) of the Act,

( e ) invalidity pension or an increase thereof in respect of an adult dependant or a qualified child,

( f ) retirement pension (including benefit under Section 87 of the Act) or an increase thereof in respect of an adult dependant or a qualified child,

( g ) death benefit under sections 50, 51 and 52 of the Act by way of widow's pension, widower's pension, parent's pension or orphan's pension or an increase thereof in respect of a qualified child,

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

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

( j ) unmarried mother's allowance or an increase thereof in respect of a qualified child,

( k ) single woman's allowance,

( l ) prisoner's wife's allowance or an increase thereof in respect of a qualified child."

4. The Principal Regulations are hereby amended by the insertion, following article 12, of the following article:--

"12A. (1) Where

( a ) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to a benefit, pension, allowance or supplement to which this article applies, has not at that time received payment on account thereof, and

( b ) such supplementary welfare allowance is in excess of the amount which would have been granted to such person if such person had received such benefit, pension, allowance or supplement, and

( c ) such health board has duly certified to the Minister the amount so paid in excess in respect of the said period by such health board,

the Minister may pay to the health board an amount not exceeding the amount of such excess out of any such benefit, pension, allowance or supplement which is or may become payable to such person during the relevant continuous period of entitlement to the said benefit, pension, allowance or supplement.

(2)This article applies to:--

( a ) unemployment benefit or an increase thereof in respect of an adult dependant or a qualified child,

( b ) disability benefit or an increase thereof in respect of an adult dependant or a qualified child,

( c ) injury benefit or an increase thereof in respect of an adult dependant or a qualified child,

( d ) maternity allowance,

( e ) pay-related benefit,

( f ) disablement benefit, or where such benefit is a disablement pension, an increase thereof in respect of an adult dependant, a qualified child or by way of unemployability supplement."

GIVEN under the Official Seal of the Minister for Social Welfare

this 19th day of August, 1983.

BARRY DESMOND,

Minister for Social Welfare.

EXPLANATORY NOTE.

The purpose of these Regulations is to permit recoupment to health boards, from specified social welfare payments for any period up to the termination of the relevant claim, of interim payments of supplementary welfare allowance made to these claimants.

The Regulations also extend the categories of social welfare payments from which recoupment can be effected to include maternity allowance.