Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1961

• Jurisdiction: Ireland
• Citation: IR SI 270/1961
• Year: 1961

S.I. No. 270 of 1961.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) (No. 2) REGULATIONS, 1961.

I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise of the powers conferred on me by section 3 and subsection (4) of section 32 of the Social Welfare Act, 1952 (No. 11 of 1952), hereby make the following Regulations:— 1.—(1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1961.

(2) The Social Welfare (Overlapping Benefits) Regulations 1953

to 1960, the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1961 ( S.I. No. 160 of 1961 ) and these Regulations may be cited collectively as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1961. 2. In these Regulations " the Principal Regulations " means the Social Welfare (Overlapping Benefits) Regulations, 1953 (No. 14 of 1953). 3. Sub-article (1) of article 15 of the Principal Regulations as amended by article 3 of the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1954 ( S.I. No. 155 of 1954 ) shall be deleted and the following shall be substituted therefor:—

" (1) Subject to the provisions of article 16 of these Regulations where a person is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State, or of any other State, being a pension in the highest degree or in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medical treatment in any institution or receiving training in a technical institution, the following provisions shall apply:—

(a) he shall not be entitled to disability benefit except as provided in paragraphs (b) or (c) of this sub-article;

(b) where twenty-six employment contributions have been paid in respect of him since the date of his discharge from the said armed forces he shall be entitled to disability benefit but, until one hundred and fifty-six employment contributions have been paid in respect of him since the date of his said discharge, the provisions of subsections (1) and (3) of section 16 of the Act shall apply to him as if he were a person in respect of whom less than one hundred and fifty-six employment contributions had been paid in respect of the period between his entry into insurance and any day of incapacity for work;

(c) where—

(i) his pension under the Army Pensions Acts, 1923 to 1961, does not...