Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1970

• Jurisdiction: Ireland
• Citation: IR SI 221/1970
• Year: 1970

S.I. No. 221 of 1970.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1970.

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, 1970.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1969, may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1970. 2. In these Regulations—

" 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 1967 " means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1967 ( S.I. No. 91 of 1967 ). 3. Article 8 of the Principal Regulations is hereby amended by the insertion in paragraph (a) (inserted by the Regulations of 1967) of sub-article (1) after " an increase under subsection (1) of section 27 of the Act " of " (other than an increase of invalidity pension or retirement pension) ". 4. Article 11 of the Principal Regulations (as amended by the Regulations of 1967 and the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1969 (No. 262 of 1969) is hereby further amended by the insertion before " a widow's (contributory) pension " where those words occur of " a deserted wife's allowance,". 5. Article 12 of the Principal Regulations (as amended by the Regulations of 1960 and the Regulations of 1967) is hereby amended by the substitution therefor of the following:—

" 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, pension 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 by such public assistance authority in excess in respect of the said period,

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 ) disability benefit,

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

( d ) old age (contributory) pension,

( e ) invalidity pension,

( f ) retirement pension,

( g ) benefit under section 26 (3) of the Act,

( h ) death benefit by way of widow's pension, widower's pension, parent's pension or orphan's pension,

( i ) deserted wife's allowance or an increase thereof in respect of a qualified child,

( j ) orphan's (contributory) allowance,

( k ) an increase under section 19 of the Act of 1966 in respect of a child qualified for the purposes of that Act." 6. Article 14 of the Principal Regulations is hereby amended by the substitution for sub-article (6) of the following—

"(6) This article shall not apply to invalidity pension, retirement pension, old age (contributory) pension (including benefit under subsection (3) of section 26 of the Act), occupational injuries benefit, widow's (contributory) pension or orphan's (contributory) allowance or any disability benefit which is payable in respect of any day on or after the 1st May, 1967.". 7. Article 15 of the Principal Regulations is hereby amended by—

( a ) the addition to sub-article (1) (inserted by the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1961 ( S.I. No. 270 of 1961 )) of the following sub-paragraph—

"(d) he shall not be entitled to invalidity pension." and

( b ) the insertion in sub-article (3) (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1954 ( S.I. No. 155 of 1954 ) and amended by the Regulations of...