S.I. No. 322/1994:

SOCIAL WELFARE (SURVIVOR'S PENSION) REGULATIONS, 1994.

SOCIAL WELFARE (SURVIVOR'S PENSION) REGULATIONS, 1994.

The Minister for Social Welfare in exercise of the powers co nferred on him by sections 4 and 303 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and by section 102 of that Act (inserted by section 11 of the Social Welfare Act, 1994 (No. 4 of 1994)), hereby makes the following Regulations:

1. These Regulations may be cited as the Social Welfare (Survivor's Pension) Regulations, 1994.

2. (1) In these Regulations--

"existing pensions contributor" means any person who at any time was, or was deemed to be or treated as, an insured person under the Widows' and Orphans' Pensions Acts;

"pension" means survivor's pension payable under Chapter 16 of Part II of the Principal Act;

"relevant contribution condition" means the contribution condition set out in section 102 (1) (b) (ii);

"relevant period" means the period over which the yearly average of contributions per contribution year is calculated for pension purposes in accordance with section 102 (1) (b) (ii);

"the Principal Act" means the Social Welfare (Consolidation) Act, 1993 ;

"the Widows' and Orphans' Pensions Acts" means the Widows' and Orphans' Pensions Acts, 1935 to 1952.

(2) In these Regulations--

( a ) a reference to a Schedule is to a Schedule to these Regulations, unless it is indicated that a reference to some other Regulations is intended,

( b ) a reference to a section is to a section of the Principal Act, unless it is indicated that a reference to some other enactment is intended,

( c ) a reference to an article is to an article of these Regulations, unless it is indicated that a reference to some other Regulations is intended,

( d ) a reference to a sub-article is to a sub-article of the article in which the reference occurs, unless it is indicated that a reference to some other article is intended.

3. These Regulations shall come into operation on the 28th day of October, 1994.

4. The Regulations specified in column (1) of Schedule C are hereby revoked to the extent specified in column (2) of the said Schedule.

5. (1) Where a person would be entitled to pension but for the fact that the relevant contribution condition is not satisfied, the person shall be entitled to pension at a rate determined in accordance with sub-article (2) provided that the yearly average in the relevant period is not less than 24.

(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule A, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase of pension payable under section 104 shall be the same as if the relevant contribution condition had been fully satisfied.

6. (1) In the case of a person who became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973 (No. 10 of 1973) having earlier ceased to be an employed contributor and where there would be an entitlement to pension by virtue of the person's or the person's spouse's insurance record but for the fact that the relevant contribution condition is not satisfied and there is no entitlement to a pension under article 5, the person shall be entitled to pension at a rate determined in accordance with sub-article (2) provided that the yearly average in the relevant period is not less than 5.

(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule B, fractions of whole numbers being disregarded, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase of pension payable under section 104 shall be the same as if the relevant contribution condition had been fully satisfied.

7. In calculating the yearly average for pension purposes (other than a pension payable under article 6) a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.

8. In determining whether the contribution condition for pension contained in section 102 (1) (a) has been satisfied in respect of an existing pensions contributor--

( a ) entry into insurance under the Widows' and Orphans' Pensions Acts shall be treated as entry into insurance under the Principal Act, and

( b ) every 2 contributions paid by or in respect of such contributor under the Widows' and Orphans' Pensions Acts shall be treated as 3 employment contributions paid under the Principal Act and any odd contribution shall be treated as 2 employment contribution paid under the Principal Act.

9. For the purposes of section 102 (1) (b) and article 5, the following provisions shall have effect in relation to an existing pensions contributor--

( a ) in determining whether the contribution condition for pension contained in the said section or article, as the case may be, has been satisfied every 2 contributions paid or excused or deemed to have been, or treated as, paid by or in respect of such contributor under the Widows' and Orphans' Pensions Acts since the date of such contributor's entry into insurance under the said Acts shall be treated as 3 contributions paid or credited under the Principal Act and any odd contribution under the Widows' and Orphans' Pensions Act shall be treated as 2 contributions paid or credited under the Principal Act,

( b ) any period which is a period of insurance for the purposes of the said Acts commencing with the date of such contributor's entry into insurance under the said Acts shall be treated as a period of insurance under the Principal Act and contribution years in any such period shall be treated as contribution years under the Principal Act but in relation to a male existing pensions contributor the period from the 2nd day of July, 1951 to the 4th day of January, 1953, shall be treated as one contribution year, and

( c ) entry into insurance under the Widows' and Orphans' Pensions Acts may be treated as entry into insurance under the Principal Act.

Article 5

Schedule A

Article 6

Schedule B

Article 4

Schedule C

GIVEN under the Official Seal of the Minister for Social Welfare, this 28th day of October, 1994.

MICHAEL WOODS,

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 28th day of October, 1994.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations consolidate the existing provisions relating to Widow's (Contributory) Pension and extend them to Survivor's Pension.

They provide for reduced rate pensions where the yearly average is between 24 and 48 and for the special reduce rate pensions payable to people, affected by the abolition of the earnings limit for social insurance in 1974, who have a yearly average between 5 and 24. Provision is also made for rounding a person's yearly average (other than for the special reduced rate pensions purposes) to the nearest whole number. Existing provisions which allow contributions paid under the old Widows' and Orphans' Pensions Acts to count for pension purposes have been retained where they are still relevant.