Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1973

JurisdictionIreland
CitationIR SI 237/1973

S.I. No. 237 of 1973.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1973.

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 sections 21 and 22 of the Social Welfare Act, 1970 (No. 12 of 1970) and section 8 of the Social Welfare Act, 1973 (No. 10 of 1973) hereby makes the following Regulations—

1. (1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1973.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1972, may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1973.

2. In these Regulations—

"the Act" means the Social Welfare Act, 1952 (No. 11 of 1952);

"the Act of 1966" means the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966);

"the Act of 1970" means the Social Welfare Act, 1970 (No. 12 of 1970);

"the Act of 1973" means the Social Welfare Act, 1973 (No. 10 of 1973);

"the Principal Regulations" means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 );

"the Regulations of 1960" means the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1960 ( S.I. No. 278 of 1960 );

"the Regulations of 1965" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1965 ( S.I. No. 61 of 1965 );

"the Regulations of 1967" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1967 ( S.I. No. 91 of 1967 );

"the Regulations of 1969" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1969 ( S.I. No. 269 of 1969 );

"the Regulations of 1970" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1970 ( S.I. No. 221 of 1970 );

"the Regulations of 1971" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1971 ( S.I. No. 87 of 1971 );

"widow's (contributory) pension" means a widow's (contributory) pension under the Act;

"widow's (non-contributory) pension" means a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts;

"deserted wife's allowance" means a deserted wife's allowance under section 22 of the Act of 1970;

"deserted wife's benefit" means deserted wife's benefit under the Act, as inserted by section 17 of the Act of 1973;

"unmarried mother's allowance" means a social assistance allowance under section 8 of the Act of 1973;

"child's (non-contributory) allowance" means a child's (non-contributory) allowance under the Widows' and Orphans' Pensions Acts, 1935 to 1973;

"increase in respect of a qualified child or children" means, in relation to unmarried mother's allowance or deserted wife's allowance, so much of such allowance as would be payable to a woman in respect of a qualified child or children if the woman were a widow and the allowance a widow's (non-contributory) pension and, in relation to pension or benefit, an increase under either subsection (1) or subsection (2), as the case may be, of section 27 of the Act.

3. Article 31 of the Principal Regulations (inserted therein by the Regulations of 1970) is hereby revoked.

4. (1) Sub-articles (1), (1A), (2), (3), (5), (5A) and (6) of article 4 of the Principal Regulations as amended by the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1972, are hereby deleted and the following sub-articles substituted therefor:—

"(1) where a woman is in receipt of—

( a ) widow's (contributory) pension or

( b ) deserted wife's benefit or

( c ) death benefit by way of widow's pension under the Act of 1966 or

( d ) widow's (non-contributory) pension or

( e ) deserted wife's allowance or

( f ) unmarried mother's allowance

in respect of any week, the rate of disability benefit or unemployment benefit (excluding any increase thereof in respect of a qualified child or children) or maternity allowance shall, subject to the subsequent provisions of this article, be reduced by half.

(2) Where in respect of any week a woman is in receipt of any pension, benefit, or allowance specified at (a) to (f) of sub-article (1) of this article which includes an increase or allowance in respect of a qualified child or children, an increase of disability benefit or unemployment benefit in respect of a qualified child or children shall not be payable to her in respect of such child or children for any day of such week.

(3) Where in respect of any week a woman is in receipt of either the pension or the benefit specified at (a) and (b) of sub-article (1) of this article at a rate less than that specified in the...

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