Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1971

• Jurisdiction: Ireland

S.I. No. 87 of 1971.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1971

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) including the said sections as extended and applied by sections 21 and 22 of the Social Welfare Act, 1970 (No. 12 of 1970), hereby makes the following Regulations:— 1. (1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1971.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1970, may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1971. 2. In these Regulations—

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

"the Regulations of 1970" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1970 ( S.I. No. 221 of 1970 ). 3. Article 12 of the Principal Regulations (inserted therein by the Regulations of 1970) is hereby deleted and the following substituted therefor:—

"12 (1) Where—

(a) in respect of any period a public assistance authority has granted home assistance to or on account of a person who, though entitled to a benefit, pension or allowance to which this article applies, is not at that time receiving payments on 'account thereof, and

(b) such home assistance is in excess of the amount which would have been granted to such person if such person had been receiving payment on account of the said benefit, penion or allowance, and

(c) any sum (in this article referred to as the arrears) accruing in respect of any part of the said period on account of the said benefit, pension or allowance becomes payable to such person, and

(d) such public assistance authority has, before the arrears are paid to such person, certified to the Minister the amount so paid in excess in respect of the said period by such public assistance authority,

the Minister may pay to the public assistance authority out of the arrears an amount not exceeding the amount of such excess.

(2) This article applies to—

(a) unemployment benefit,

(b) widow's (contributory) pension or an increase thereof under section 27 (2) of the Act in respect of a qualified child,

(c) orphan's (contributory) allowance,

(d) old age (contributory) pension (including benefit under section 26 (3) of the Act),

(e) retirement pension,

(f) death benefit by way of widow's pension, widower's pension, parent's pension, orphan's pension or an increase under section 19 of the Act of 1966 in respect of a child qualified for the purposes of that Act,

(g) deserted wife's allowance or an increase thereof in respect of a qualified child.". 4. Article 15 of the Principal Regulations is hereby amended by the deletion of sub–paragraph (d) (inserted by the Regulations of 1970) to sub–article...