Social Welfare (Overlapping Benefits) Regulations, 1953.

• Statutory Instrument No.: 14/1953

S.I. No. 14 of 1953.
SOCIAL WELFARE (OVERLAPPING BENEFITS) REGULATIONS, 1953.
The Minister for Social Welfare in exercise of the powers conferred on him by sections 3 , 32 and 75 of the Social Welfare Act, 1952 (No. 11 of 1952) and of all other powers enabling him in this behalf hereby makes the following Regulations :—
	1 Citation.	1. These Regulations may be cited as the Social Welfare (Overlapping Benefits) Regulations, 1953.
	2 Commencement	2. These Regulations shall come into operation on the 5th day of January, 1953.
	3 Interpretation.	3. In these Regulations unless the context otherwise requires—
" the Act " means the Social Welfare Act, 1952 ;
" the Minister " means the Minister for Social Welfare ;
" the National Health Insurance Acts " means the National Health Insurance Acts, 1911 to 1952 ;
" the Old Age Pensions Acts " means the Old Age Pensions Acts, 1908 to 1952 ;
" the Unemployment Assistance Acts " means the Unemployment Assistance Acts, 1933 to 1952 ;
" the Unemployment Insurance Acts " means the Unemployment Insurance Acts, 1920 to 1952 ;
" the Widows' and Orphans' Pensions Acts " means the Widows' and Orphans' Pensions Acts, 1935 to 1952 ;
" the Workmen's Compensation Acts " means the Workmen's Compensation Acts, 1934 and 1948.
	4 Widows' Pension, Disability Benefit and Unemployment Benefit.	4.—(1) Where a widow is in receipt of a widow's (contributory) pension under the Act or a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts in respect of any week the rate of disability benefit or unemployment benefit (excluding any increase payable under subsection (1) of section 27 of the Act) otherwise payable to her in respect of any day in that week shall, subject to the provisions of sub-articles 5 and 6 of this article, be reduced by half.
(2) Where in respect of any week a widow is in receipt of a widow's (contributory) pension under the Act which includes an increase payable by virtue of subsection (2) of section 27 of the Act in respect of a qualified child or each of two qualified children an increase under subsection (1) of the said section 27 shall not be payable to her in respect of such child or each of such children, as the case may be, for any day of such week.
(3) Where in respect of any week a widow is in receipt of a child's (non-contributory) allowance under the Widows' and Orphans' Pensions Acts in respect of a qualified child or in respect of each of two qualified children any increase of benefit payable to such widow under subsection (1) of section 27 of the Act for any day in such week shall be payable at a weekly rate equal to the difference between the weekly rate of seven shillings and the weekly rate of such allowance payable in respect of such child or each of such children, as the case may be.
(4) Where under the Widows' and Orphans' Pensions Acts a widow's (non-contributory) pension is reduced on grounds of means, then for the purpose of this article—
(a) in case the weekly rate of the pension is six shillings or more for a widow with one qualified child the weekly rate of the child's (non-contributory) allowance shall be taken to be six shillings ;
(b) in case the weekly rate of the pension is twelve shillings or more for a widow with two or more qualified children the weekly rate of each child's (non-contributory) allowance shall be taken to be six shillings ;
(c) in case the weekly rate of the pension is less than six shillings for a widow with one qualified child the weekly rate of the child's (non-contributory) allowance shall be taken to be a rate equal to the weekly rate of the pension ;
(d) in case the weekly rate of the pension is less than twelve shillings for a widow with two or more qualified children, the weekly rate of each child's (non-contributory) allowance shall be taken to be a rate equal to one half of the weekly rate of the pension.
(5) Where by reason of her means a widow is in receipt of a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts at a reduced rate in respect of any week the rate of disability benefit or unemployment benefit otherwise payable to her in respect of any day in that week shall be at such a rate (not being less than that specified in sub-article (1) of this article) as the Minister may in any particular case consider appropriate and the provisions of sub-article (1) of this article shall not apply in such a case.
Provided that in any such case
(i) if the widow's (non-contributory) pension does not include a child's non-contributory allowance she shall not receive more than thirty-two shillings by way of pension and disability benefit or unemployment benefit in respect of any week ;
(ii) if the widow's (non-contributory) pension includes a child's non-contributory allowance in respect of a qualified child she shall not receive morethan thirty-nine shillings by way of pension and disability benefit or unemployment benefit in respect of any week ;
(iii) if the widow's (non-contributory) pension includes a child's non-contributory allowance in respect of two or more qualified children she shall not receive more than forty-six shillings by way of pension and disability benefit or unemployment benefit in respect of any week.
(6) Where a widow in receipt of a widow's (contributory) pension under the Act or a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts in respect of any week is also in receipt of a pension as a blind person under the Old Age Pensions Acts in respect of that week, no disability benefit or unemployment benefit shall be payable to her in respect of any day in such week.
	5 ..	5.—(1) The provisions of Article 4 of these Regulations shall not operate to reduce the aggregate rate of widow's (contributory) pension under the Act or widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts and of disability benefit or unemployment benefit to a rate less in the case of a widow in receipt of widow's (contributory) pension immediately before the appointed day or in the case of a widow in receipt of a widow's (non-contributory) pension immediately before the 2nd January, 1953, than the aggregate rate which such widow was entitled to by way of pension and sickness benefit or disablement benefit under the National Health Insurance Acts or unemployment benefit under the Unemployment Insurance Acts, immediately before such day.
(2) This article shall cease to apply to a widow on the day in respect of which such widow ceases for the first time on or after the appointed day to be in receipt of widow's (contributory)...