Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1965

• Jurisdiction: Ireland

S.I. No. 61 of 1965.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1965.

I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 , 32 and 75 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) Regulations, 1965.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1964, may be cited collectively as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1965. 2. In these Regulations " the Principal Regulations " means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ). 3. Sub-article (1) of article 8 of the Principal Regulations shall be deleted and the following shall be substituted therefor:—

"(1) (a) Subject to paragraphs (b) and (c) of this sub-article, an increase under subsection (1) of section 27 of the Act shall not be payable in respect of any qualified child for any day of any week in respect of which an orphan's (contributory) allowance under the Act or an orphan's (non-contributory) pension under the Widows' and Orphans' Pensions Acts is payable in respect of that child.

(b) Where, but for the provisions of paragraph (a) of this sub-article, an increase of old age (contributory) pension would be payable in respect of a qualified child at a rate exceeding the rate of orphan's (non-contributory) pension payable in respect of that child, then, notwithstanding the provisions of the said paragraph (a), the increase of old age (contributory) pension shall be payable and the orphan's (non-contributory) pension shall not be payable.

(c) Where, but for the provisions of paragraph (a) of this sub-article, an increase of disability benefit or unemployment benefit would be payable in respect of a qualified child at a rate exceeding the rate of orphan's (non-contributory) pension payable in respect of that child, then, notwithstanding the provisions of the said paragraph (a), the difference between the said rates shall be payable as an increase of disability benefit or unemployment benefit as the case may be." 4. Article 10 of the Principal Regulations as amended by article 9 of the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1960 ( S.I. No. 278 of 1960 ) is hereby further amended by the addition thereto of the following paragraph:—

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