Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1986

• Jurisdiction: Ireland
• Year: 1986
• Citation: IR SI 368/1986

S.I. No. 368 of 1986.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1986.

The Minister for Social Welfare in exercise of the powers conferred on her by sections 3 , 130 and 219 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) hereby makes the following Regulations:— 1. These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1986. 2. These Regulations shall come into operation—

(1) Insofar as they relate to articles 4, 5, 6 and 7

(a) on the 17th day of November, 1986 for the purpose of payment of disability benefit, maternity allowance and injury benefit;

(b) on the 19th day of November, 1986 for the purpose of payment of unemployment assistance;

(c) on the 20th day of November, 1986 for the purpose of payment of retirement pension, invalidity pension and unemployment benefit;

(d) on the 21st day of November, 1986 for the purpose of payment of any other benefit, pension, assistance or allowance under Parts II or III of the Social Welfare (Consolidation) Act, 1981 .

(2) Insofar as they relate to article 8, on the 17th day of November, 1986. 3. In these Regulations:

"Benefit", "Pension", "Assistance" or "Allowance" means any such payments under Part II or Part III of the Social Welfare (Consolidation) Act, 1981 .

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

"The Regulations of 1966" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1966 ( S.I. No. 247 of 1966 ).

"The Regulations of 1983" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1983 ( S.I. No. 253 of 1983 ). 4. Sub-articles (2) and (3) of article 8A of the Principal Regulations, as inserted by the Regulations of 1966, are hereby revoked. 5. Article 8A of the Principal Regulations is hereby amended by the substitution for sub-article (4) of the following sub-article:—

"(4) Where the pensioner and the pensioners spouse are each entitled to a pension under Chapter 3 of Part III of the Act of 1981 and were it not for the provisions of this article they would each be entitled to an increase of pension in respect of a qualified child or qualified children, only one such pension shall be increased in respect of such child or children". 6. Where in respect of any period, a person is in receipt of any benefit, pension, assistance or allowance which includes an increase in...