Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 15) (Absence From State and Imprisonment) Regulations, 2006

• Jurisdiction: Ireland
• Citation: IR SI 696/2006
• Year: 2006

S.I. No. 696 of 2006
SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 15) (ABSENCE FROM STATE AND IMPRISONMENT) REGULATIONS 2006
The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)) and 249 (as amended by sections 4 and 17 and Schedule 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:
	Citation and construction.	1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 15) (Absence from State and Imprisonment) Regulations 2006.
(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006.
	Absence from State.	2. The Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ) are amended by inserting after Chapter 2A (inserted by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (Loss of Purchasing Power) Regulations 2000 ( S.I. No. 160 of 2000 )) of Part 7 the following Chapter -
“CHAPTER 2B
Absence from State and Imprisonment
123G. Notwithstanding section 249, a person who is absent from the State shall not be disqualified for receiving -
(a) State pension (contributory), widow's (contributory) pension, widower's (contributory) pension, guardian's payment (contributory) or bereavement grant, (including any increase thereof), by reason only of the person being absent from the State,
(b) illness benefit (including any increase thereof) -
(i) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of receiving treatment for incapacity which commenced before the person left the State,
(ii) while he or she is a person to whom the provisions of article 98 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 ) apply,
(c) maternity benefit -
(i) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of receiving treatment for incapacity which commenced before the person left the State,
(ii) while he or she is a person to whom the provisions of article 98 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 ) apply,
(d) jobseeker's benefit (including any increase thereof) for any period during which that person, or his or her qualified adult, is absent from the State -
(i) on holiday in respect of the first two weeks of any such absence in a calendar year, or
(ii) while representing Ireland in an amateur capacity at an international sporting event, or
(iii) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and due to force majeure,
(e) carer's benefit (including any increase thereof) for any period during which the carer is absent from the State -
(i) on holiday in respect of the first three weeks of any such absence in a calendar year, or
(ii) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of accompanying a relevant person while that person is receiving treatment for a disability which commenced before the person left the State,
(f) State pension (transition) (including any increase thereof) by reason only of the person being absent from the State provided that during the period of his or her absence from the State the person does not engage in gainful employment of any nature and he or she submits such evidence to that effect as the Minister may require,
(g) invalidity pension (including any increase thereof) by reason only of the person being absent from the State for such period as the Minister may allow, having regard to the circumstances of the case, provided that the person furnishes such medical evidence of incapacity as the Minister may, from time to time, require,
(h) carer's allowance (including any increase thereof) for any period during which the carer is absent from the State -
(i) on holiday in respect of the first three weeks of any such absence in a calendar year, or
(ii) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of accompanying a relevant person while that person is receiving treatment for a disability which commenced before the person left the State.
Exception from disqualification during penal servitude, imprisonment or detention in legal custody.
123H. (1)(a) Section 249 shall not operate...