Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1987

• Jurisdiction: Ireland
• Citation: IR SI 344/1987
• Year: 1987

S.I. No. 344 of 1987.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1987.

The Minister for Social Welfare in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and section 130 of that Act (as amended by section 15 of the Social Welfare Act, 1984 (No. 5 of 1984)) hereby makes the following Regulations:— 1. These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1987. 2. These Regulations, the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1986 ( S.I. No. 368 of 1986 ) and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1984 shall be construed as one and may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1987. 3. These Regulations shall come into operation on the 1st day of January, 1988. 4. In these Regulations—

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 ;

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

"blind pension" means a pension payable under section 175 of the Principal Act. 5. Article 4 of the Principal Regulations (as amended by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1974 ( S.I. No. 224 of 1974 )) is hereby amended by the substitution for sub-articles (1), (2), (3) and (4) of that article of the following sub-articles:—

"4. (1) Subject to sub-article (1B), where in respect of any week a person is in receipt of—

( a ) widow's (contributory) pension,

( b ) deserted wife's benefit,

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

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

( e ) deserted wife's allowance,

( f ) unmarried mother's allowance,

( g ) prisoner's wife's allowance,

( h ) survivor's benefit payable under section 87 of the Principal Act,

disability benefit, maternity allowance or unemployability supplement shall not be payable to that person in respect of any day in that week.

(1A) Where in respect of any week a person is in receipt of any of the payments specified in sub-article (1), the rate of unemployment benefit to which that person becomes entitled shall be reduced by half.

(1B) Notwithstanding sub-article (1), where on the 1st day of January 1988, a person is in receipt of disability benefit, maternity allowance or unemployability...