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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/1975/uksi_1975484_en.html

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Statutory Instruments

1975 No. 484

CONSTABULARY, IRELAND

The Royal Irish Constabulary (Widows' Pensions) (Amendment) Regulations 1975

Made

21st March 1975

Laid before Parliament

24th March 1975

Coming into Operation

6th April 1975

In exercise of the powers conferred on me by section 1 of the Royal Irish Constabulary (Widows' Pensions) Act 1954, I hereby, with the consent of the Minister for the Civil Service(1), make the following Regulations:-

1. These Regulations may be cited as the Royal Irish Constabulary (Widows' Pensions) (Amendment) Regulations 1975 and shall come into operation on 6th April 1975.

2.-(1) For paragraph (1) of Regulation 3 of the Royal Irish Constabulary (Widows' Pensions) Regulations 1971(2), as amended(3), (interpretation) there shall be substituted the following provision:-

"(1) In these Regulations "the standard weekly rate" means the weekly rate which is that of a widow's pension under the Social Security Act 1975(4), as from time to time specified in Part I of Schedule 4 thereto, unless the widow is over the age of 80 years in which case it means the weekly rate which is the aggregate of that of such a widow's pension and that of an age addition payable by virtue of section 40 of that Act, as from time to time specified in Parts I and III of Schedule 4 thereto.".

(2) In paragraph (2) of the said Regulation 3 for the words "National Insurance Act 1965 or the National Insurance (Industrial Injuries) Act 1965" there shall be substituted the words "Social Security Act 1975".

Roy Jenkins

One of Her Majesty's Principal Secretaries of State

20th March 1975

Consent of the Minister for the Civil Service given under his Official Seal on 21st March 1975.

L.S.

K.H. McNeill

Authorised by the Minister for the Civil Service

EXPLANATORY NOTE

Under the Royal Irish Constabulary (Widows' Pensions) Regulations 1971 there may be paid to certain widows of former members of the Royal Irish Constabulary a pension or an allowance supplementary to an existing pension. A pension or allowance is not payable under the 1971 Regulations unless the rate of any state insurance benefit received by the widow is less than the standard weekly rate of £10 or, where the widow is over the age of 80 years, of £10.25.

Subject to a minimum rate of £0.25 a week in the case of a pension, such an award is to be at such rate as will secure that the combined rate of the Royal Irish Constabulary awards and the widow's state insurance benefit, if any, is equal to the standard weekly rate: for this purpose state insurance benefit means any benefit or pension under the National Insurance Act 1965 (c. 51) or the National Insurance (Industrial Injuries) Act 1965 (c. 52) or similar benefit or pension paid out of public funds in Northern Ireland, any of the Channel Islands, the Isle of Man or the Republic of Ireland.

The present Regulations increase the standard weekly rate by providing that it shall be the same as the weekly rate for the time being, of a widow's pension under the Social Security Act 1975 (c. 14) or, in the case of a widow over the age of 80 years, the same as the combined weekly rate, for the time being, of such a pension and of an age addition under that Act. The definition of "state insurance benefit" is also amended to take account of the replacement of the National Insurance Acts of 1965 by the Social Security Act 1975.

Having regard to the rates of the relevant social security benefits, as from 7th April 1975, the standard weekly rate is increased from £10.00 to £11.60 a week in the case of a widow who is not over the age of 80 years and from £10.25 to £11.85 a week in the case of a widow who is over that age.

(1)

Formerly the Treasury; see S.I. 1968/1656 (1968 III, p. 4485).

(2)

(1971 III, p. 4147).

(3)

The relevant amending instrument is S.I. 1974/1055 (1974 II, p. 3945).

(4)

1975 c. 14.


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