S.I. No. 279/1989:

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1989.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1989.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 130 and 219 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981 ), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1989.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1987, shall be construed as one and may be cited as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1989.

2. In these Regulations--

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

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 .

3. Article 12 of the Principal Regulations (as amended by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1983 ( S.I. No. 253 of 1983 )) is hereby amended by the insertion in sub-article (2) after paragraph (l) of the following--

" (m) widower's (non-contributory) pension or an increase thereof in respect of a qualified child,

(n) deserted husband's allowance or an increase thereof in respect of a qualified child.".

4. The Principal Regulations are hereby amended by the insertion after article 40 (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1984 ( S.I. No. 279 of 1984 )) of the following articles:--

"41. (1) Where, but for this article, a widower's (non-contributory) pension or a deserted husband's allowance would be payable to a person in respect of any period and any of the following would also be payable to or in respect of that person in respect of the same period:--

( a ) any benefit specified in section 17 (1) of the Principal Act, other than disablement benefit or death grant,

( b ) any assistance specified in section 134 (1) of the Principal Act, other than supplementary welfare allowance,

( c ) an increase in disability benefit under section 21 (1) of the Principal Act,

( d ) an increase in unemployment benefit under section 32 (1) of the Principal Act,

( e ) an increase in injury benefit under section 44 (1) of the Principal Act,

( f ) an increase in disablement benefit for an adult dependant under section 44 (3) of the Principal Act,

( g ) an increase in old age (contributory) pension under section 81 (1) of the Principal Act,

( h ) an increase in retirement pension under section 86 (1) of the Principal Act,

( i ) an increase in invalidity pension under section 91 (1) of the Principal Act,

( j ) an increase in unemployment assistance under section 139 (a) of the Principal Act,

( k ) an increase in pre-retirement allowance under section 156B (1) (a) of the Principal Act,

( l ) an increase in old age (non-contributory) pension or blind pension under section 162 (1) (d) of the Principal Act,

either the widower's (non-contributory) pension or deserted husband's allowance (as the case may be) or the relevant benefit, assistance or increase of benefit or assistance specified at (a) to (l) above shall be payable to or in respect of that person in respect of that period, but not both.

(2) Where, but for this article, more than one of the following would be payable to or in respect of a qualified child only one shall be paid:--

( a ) an increase of widower's (non-contributory) pension,

( b ) an increase of deserted husband's allowance,

( c ) any benefit specified in section 17 (1) of the Principal Act, other than disablement benefit or death grant,

( d ) any assistance specified in section 134 (1) of the Principal Act, other than supplementary welfare allowance.

42. Where--

( a ) in respect of any period any pension, benefit, assistance, allowance or supplement payable under Parts II or III of the Principal Act, other than supplementary welfare allowance, has been paid to a person who, though entitled to a widower's (non-contributory) pension or a deserted husband's allowance, is not at that time receiving payments on account thereof, and

( b ) such pension, benefit, assistance, allowance or supplement would not have been paid if that person had then been receiving payment on account of a widower's (non-contributory) pension or a deserted husband's allowance, and

( c ) any sum (in this paragraph referred to as the arrears) accruing in respect of any part of the said period on account of a widower's (non-contributory) pension or a deserted husband's allowance subsequently becomes payable to that person,

the Minister may reduce the arrears by an amount not exceeding the amount paid by way of such pension, benefit, assistance, allowance or supplement.".

GIVEN under the Official Seal of the Minister for Social Welfare

this 27th day of October, 1989.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

These regulations extend to the widower's (non-contributory) pension and the deserted husband's allowance schemes certain existing provisions which prevent the concurrent payment to a claimant of more than one social welfare payment.