S.I. No. 90/1990:

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1990.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1990.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 130 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, 1990.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1989, shall be construed as one and may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1990.

2. These Regulations shall come into operation on the 6th day of April, 1990.

3. In these Regulations:--

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

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

"the Regulations of 1987" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1987 ( S.I. No. 344 of 1987 ).

4. Article 4 of the Principal Regulations (as amended by the Regulations of 1987) is hereby amended by the substitution of the following article:--

"4. (1) Where in respect of any period a person is in receipt of a payment specified in sub-article (5) of this article and is also entitled to disability benefit, maternity allowance, unemployment benefit or unemployability supplement in respect of any day in the same period, such disability benefit, maternity allowance, unemployment benefit or unemployability supplement shall, subject to sub-article (2) of this article, be reduced by half:

Provided that no increase shall be paid in such benefit or allowance in respect of a qualified child or in the case of unemployability supplement no increase by virtue of section 44 (3) of the Principal Act shall be payable, and in no case shall disability benefit or unemployability supplement be paid to a person who is in receipt of a payment specified in sub-article (5) of this article for any day in excess of 390 days in any period of interruption of employment.

(2) Where, in respect of any period, a person is in receipt of--

( a ) widow's (contributory) pension or deserted wife's benefit at a rate less than that specified in Part I of the Second Schedule to the Principal Act, or

( b ) any pension or allowance specified in paragraphs (e) to (h) of sub-article (5) of this article at a reduced rate by reason of means,

and he is also entitled to disability benefit, maternity allowance, unemployment benefit or unemployability supplement, the provisions of sub-article (1) of this article shall not apply, but if, in respect of that period, the total amount payable to that person by way of pension, benefit or allowance specified in paragraph (a) or (b) and by way of disability benefit, maternity allowance or unemployment benefit (including any increase in respect of a qualified child) or by way of unemployability supplement (including an increase payable in respect of a qualified child by virtue of section 44 (3) of the Principal Act) exceeds the amount which would be payable if sub-article (1) applied, the disability benefit, maternity allowance, unemployment benefit or unemployability supplement, as the case may be, shall be reduced by the amount of the excess.

(3) Where, in respect of any period, a person who is in receipt of a payment specified in sub-article (5) of this article is also in receipt of a blind pension, then disability benefit, maternity allowance, unemployment benefit or unemployability supplement shall not be payable to that person in respect of the same period.

(4) Notwithstanding sub-article (1) of this article, where, on the 5th day of April, 1990, a person who is in receipt of a payment specified in sub-article (5) of this article is also in receipt of disability benefit or unemployability supplement by virtue of sub-article (1B) of article 4 of the Principal Regulations (inserted by the Regulations of 1987), that peson shall continue to be entitled to such benefit or supplement until the end of the period of incapacity for work.

(5) The following payments are hereby specified for the purposes of this article:--

( a ) widow's (contributory) pension,

( b ) deserted wife's benefit,

( c ) death benefit by way of widow's pension, widower's pension or parent's pension,

( d ) survivor's benefit under section 87 of the Principal Act,

( e ) widow's (non-contributory) pension,

( f ) deserted wife's allowance,

( g ) unmarried mother's allowance,

( h ) prisoner's wife's allowance.".

5. The Principal Regulations are hereby amended by the insertion after article 42 (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1989 ( S.I. No. 279 of 1989 )) of the following article:--

"43. Where, but for this article, a pre-retirement 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 (exclusive of unemployability supplement) 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 under section 45 of the Principal Act or for an adult dependant under section 44 (3) of that 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 old age (non-contributory) pension or blind pension under section 162 (1) (d) of the Principal Act,

either pre-retirement allowance or the relevant benefit, assistance or increase of benefit or assistance specified at (a) to (k) shall be payable to or in respect of that person in respect of that period, but not both.".

GIVEN under the Official Seal of the Minister for Social Welfare this 6th day of April, 1990.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

These regulations extend to claimants to disability benefit, maternity allowance and unemployability supplement who are also in receipt of widow's contributory or non-contributory pension or analagous payments entitlement to half-rate payment of the benefit, allowance or supplement. In the case of claimants to disability benefit and unemployability supplement payment may continue for up to 15 months in any period of interruption of employment.

The regulations also extend to the pre-retirement allowance scheme certain existing provisions which prevent the concurrent payment to a claimant of more than one social welfare payment.