S.I. No. 65/1987:

SOCIAL WELFARE (PAY-RELATED BENEFIT) (ENTERPRISE ALLOWANCE) (AMENDMENT) REGULATIONS, 1987.

SOCIAL WELFARE (PAY-RELATED BENEFIT) (ENTERPRISE ALLOWANCE) (AMENDMENT) REGULATIONS, 1987.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by section 76 of that Act as amended by section 8 of the Social Welfare Act, 1984 , (No. 5 of 1984), hereby makes the following Regulations:

1. These Regulations may be cited as the Social Welfare (Pay-Related Benefit) (Enterprise Allowance) (Amendment) Regulations, 1987.

2. These Regulations and the Social Welfare (Pay-Related Benefit) (Enterprise Allowance) Regulations, 1984 ( S.I. No. 214 of 1984 ) may be cited together as the Social Welfare (Pay-Related Benefit) (Enterprise Allowance) Regulations, 1984 to 1987.

3. The Social Welfare (Pay-Related Benefit) (Enterprise Allowance) Regulations, 1984 are hereby amended by the substitution for article 6 of the following article:--

" 6. Where a person has received payment of pay- related benefit in the form of a lump sum under these Regulations, he shall notwithstanding the provisions of section 72 of the Social Welfare (Consolidation) Act, 1981 --

(a) not be entitled to a further payment of pay-related benefit in respect of a period of interruption of employment in respect of such number of days for which he is entitled to unemployment benefit by virtue of subsections (4) (c) and (4A) of section 29 of the Social Welfare (Consolidation) Act, 1981 , and which are treated as part of one period of interruption of employment, as is equal to the number of days in respect of which payment of pay-related benefit by way of lump sum has already been made.

(b) not be entitled to a further payment of pay-related benefit in respect of any day of incapacity for work which forms part of a period of interruption of employment in respect of which the person is entitled to disability benefit or maternity allowance payable under section 24 (2) (b) of the Social Welfare (Consolidation) Act, 1981 , or would be so entitled but for the fact that injury benefit is payable under Chapter 5 of the Social Welfare (Consolidation) Act, 1981 , in respect of any period which coincides with any period in respect of which payment of pay-related benefit by way of lump sum has already made.".

GIVEN under the Official Seal of the Minister for Social Welfare, this 27th day of February, 1987.

GEMMA HUSSEY,

Minister for Social Welfare.

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

GIVEN under the Official Seal of the Minister for Finance, this 27th day February, 1987.

JOHN BRUTON,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations amend the Social Welfare (Pay-Related Benefit) (Enterprise Allowance), Regulations 1984 ( S.I. No. 214 of 1984 ). They are designed to ensure that a person who has received pay-related benefit in the form of a lump sum payment under the terms of the Enterprise Allowance Scheme administered by the Department of Labour shall not be entitled to receive a further payment of that benefit for an equivalent period where the person makes a claim to unemployment benefit within thirteen weeks following the cessation of his participation in that scheme.