Social Welfare (General Benefit) Regulations, 1953

• Jurisdiction: Ireland
• Citation: IR SI 16/1953
• Year: 1953

S.I. No. 16 of 1953.
SOCIAL WELFARE (GENERAL BENEFIT) REGULATIONS, 1953.
The Minister for Social Welfare, in exercise of the powers conferred on him by subsection (1) of section 2 and sections 3 , 31 and 48 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 (General Benefit) Regulations, 1953.
	2 Commencement.	2. These Regulations shall come into operation on the 5th day of January, 1953.
	3 Interpretation.	3. (1) In these Regulations—
" the Act " means the Social Welfare Act, 1952 ;
" the Minister " means the Minister for Social Welfare;
" criminal lunatic " means a person who, in pursuance of an order of the Minister for Justice, is removed to and detained in a district mental hospital within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945) or the Dundrum Central Criminal Lunatic Asylum.
(2) References in these Regulations to any other regulations shall include references to such other regulations as amended or extended by any subsequent regulations.
	4 Definitions of "contribution year" and "benefit year."	4. (1) A contribution year shall be—
(a) in relation to a man, the period commencing on the first Monday in January in any year and terminating at midnight on the day preceding the first Monday in January in the following year ;
(b) in relation to a woman, the period commencing on the first Monday in July in any year and terminating at midnight on the day preceding the first Monday in July in the following year.
(2) A benefit year shall be—
(a) in relation to a man, the period commencing on the first Monday in June in any year and terminating at midnight on the day preceding the first Monday in June in the following year ;
(b) in relation to a woman, the period commencing on the first Monday in December in any year and terminating at midnight on the day preceding the first Monday in December in the following year.
	5 Exceptions from disqualification during penal servitude, imprisonment or detention in legal custody.	5. (1) The disqualification imposed on a person by subsection (1) of section 31 of the Act for receiving any benefit for any period during which that person is undergoing detention in legal custody, and the prohibition imposed by subsection (2) of the said section on payment of increase of benefit in respect of a husband or wife undergoing such detention, shall not apply, subject to the provisions of the next following sub-article, in respect of any period during which such person, or such husband or wife, as the case may be (not being a criminal lunatic) is detained in any institution for the treatment of mental or infectious disease.
(2) Notwithstanding the provisions of the foregoing sub-article, subsection (1) of the said section 31 shall operate to disqualify for receiving an increase under section 27 of the Act a person who is detained in an institution for the treatment of mental disease.
(3) Subject to the provisions of sub-articles (1) and (2) of this article, subsection (1) of the said section 31 shall not operate so as to disqualify a person undergoing a period of penal servitude, imprisonment or detention in legal custody—
(a) for receiving a marriage grant, a maternity grant or an orphan's (contributory) allowance;
(b) for receiving disability benefit (including any increase thereof) or widow's (contributory) pension (including any increase thereof), if—
(i) the detention is in respect of his being charged with a criminal offence, and
(ii) the charge is subsequently withdrawn, or
(iii) he is acquitted of the offence, and
(iv) in the case of disability benefit, immediately before the detention he was entitled to the said benefit or would but for subsection (2) of section 15 of the act (which relates to waiting days) have been so entitled;
(c) for receiving widow's (contributory) pension (including any increase thereof) if, in a case of imprisonment, the imprisonment is undergone as the alternative to payment of a fine.
(4) Subject to the provisions of sub-article (1) of this article, subsection (2) of the said section 31 shall not operate so as to prohibit payment of an increase under section 26 of the Act in respect of a husband or wife for any period during which such husband or wife is undergoing detention in legal custody if—
(a) the detention is in respect of his or her being charged with a criminal offence, and
(b) the charge is subsequently withdrawn, or
(c) he or she is acquitted of the offence.
(5) (a) Notwithstanding that a...