S.I. No. 84/1993:

SOCIAL WELFARE (TREATMENT BENEFIT) (AMENDMENT) REGULATIONS, 1993.

SOCIAL WELFARE (TREATMENT BENEFIT) (AMENDMENT) REGULATIONS, 1993.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 110 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 (Treatment Benefit) (Amendment) Regulations, 1993.

(2) These Regulations and the Social Welfare (Treatment Benefit) Regulations, 1954 to 1992, shall be construed together as one and the collective citation "the Social Welfare (Treatment Benefit) Regulations, 1954 to 1993" shall include these Regulations.

2. In these Regulations--

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

"the Principal Regulations" means the Social Welfare (Treatment Benefit) Regulations, 1954) ( S.I. No. 156 of 1954 );

"the Regulations of 1992" means the Social Welfare (Treatment Benefit) (Amendment) Regulations, 1992 ( S.I. No 187 of 1992 ).

3. Article 10 of the Principal Regulations is hereby amended by the substitution in paragraph (b) of sub-article 1 (inserted by article 5 of the Regulations of 1992) of "£30,000" for "£25,000".

4. Article 10A of the Principal Regulations is hereby amended by--

( a ) the insertion after sub-article (3) (inserted by article 5 of the Regulations of 1992) of the following sub-article:

"(3A) The contribution condition contained in sub-article (1) (c) (i) of this article requiring the claimant to have qualifying contributions in respect of at least 260 contribution weeks between the date of his entry into insurance and the relevant date shall--

( a ) in respect of a person who has attained pensionable age before the 1st day of October, 1987, have effect as if "156 contribution weeks" were substituted for "260 contribution weeks," and

( b ) in respect of a person who has attained pensionable age before the 6th day of July, 1992, have effect as if "208 contribution weeks" were substituted for "260 contribution weeks.", and

( b ) the substitution for sub-article (4) (inserted by article 3 of the Social Welfare (Treatment Benefit) (Amendment) (No. 2) Regulations, 1992 ( S.I. No. 405 of 1992 ) of the following sub-article:

"(4) The contribution condition contained in sub-article (1) (b) (ii) and (1) (c) (ii) of this article requiring the claimant to have qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year shall not apply in the case of a person who is--

( a ) in respect of any period of interruption of employment in receipt of disability benefit under Chapter 2 of Part II of the Principal Act for a period not less than 312 days, or

( b ) in receipt of retirement pension under Chapter 8 of Part II of the Principal Act, or

( c ) in receipt of invalidity pension under Chapter 10 of Part II of the Principal Act, or

( d ) in receipt of unemployment assisance under Chapter 2 of Part III of the Principal Act and is a person to whom section 137 (1) (a) of that Act (inserted by section 27 of the Social Welfare Act, 1992 ) applies, or

( e ) in receipt of pre-retirement allowance under Chapter 2A of Part III of the Principal Act.".

5. Article 10C of the Principal Regulations is hereby amended by the substitution in paragraph (b) of sub-article (1) (inserted by article 5 of the Regulations of 1992) of "£60,000" for "£50,000".

6. The Social Welfare (Treatment Benefit) (Amendment) (No. 2) Regulations, 1992 ( S.I. No. 405 of 1992 ) are hereby revoked.

GIVEN under Official Seal of the Minister for Social Welfare, this

23rd day of March, 1993.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations increase the earnings limit used to determine entitlement to Treatment Benefit from £25,000 to £30,000. The earnings limit of a couple below which a dependent spouse can qualify for Treatment Benefit is also being increased from £50,000 to £60,000.

The Regulations also extend the exemption from the requirement of having to have 13 paid contributions in the governing contribution year in order to qualify for Treatment Benefit to recipients of long-term Unemployment Assistance, Pre-Retirement Allowance and Retirement Pension. The Regulations incorporate the provisions of the Social Welfare (Treatment Benefit) (Amendment) (No. 2) Regulations, 1992 ( S.I. No. 405 of 1992 ) which are being revoked, whereby recipients of Invalidity Pension and long-term Disability Benefit are exempt from the 13 paid contributions in the governing contribution year requirement.

In addition, the Regulations reduce the number of paid contributions required to qualify for Treatment Benefit from 260 to 208 in the case of claimants who reached pension age (66 years) before 6 July 1992 or 156 in the case of claimants who reached pension age before 1 October, 1987.