Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1967

• Jurisdiction: Ireland
• Citation: IR SI 91/1967

S.I. No. 91 of 1967.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1967.

I, JOSEPH BRENNAN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 and 32 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, 1967.

(2) These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1966, may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1967. 2. These Regulations shall come into operation on the 1st day of May, 1967. 3. In these Regulations " the Principal Regulations " means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ). 4. Article 3 of the Principal Regulations is hereby amended by the addition thereto, after the definition of " the Act " of the following :—

" the Act of 1966 " means the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966); 5. (1) Sub-article (1) of article 4 of the Principal Regulations is hereby amended by the insertion after the words " in receipt of " of the words " death benefit by way of widow's pension under the Act of 1966,".

(2) Article 4 of the Principal Regulations is hereby amended by the addition after sub-article (1) of the following sub-article : —

" (1A) Where a widow is in receipt of death benefit by way of widow's pension under the Act of 1966, a widow's (contributory) pension under the Act or a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts in respect of any week, the rate of unemployability supplement otherwise payable to her in respect of that week shall, subject to the provisions of sub-articles (5A) and (6) of this article, be reduced by half.". 6. Article 4 of the Principal Regulations is hereby amended by the insertion after sub-article (5) of the following sub-article :—

"(5A) Where in respect of any week a widow is in receipt of a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts at a reduced rate by reason of her means or a widow's (contributory) pension at a rate less than that specified in the Third Schedule to the Act, the provisions of sub-article (1A) of this article shall not apply, but if, in respect of that week, the total amount payable to her by way of such pension, an unemployability supplement and any increase under section 11 of the Act of 1966 would exceed the amount which would be payable if the pension were not reduced and sub-article (1A) applied, the supplement shall be reduced by the amount of the excess.". 7. Sub-article (6) of article 4 of the Principal Regulations is hereby amended by the insertion after the words " in receipt of ", where they first occur, of the words " death benefit by way of widow's pension under the Act of 1966," and after the words " disability benefit " of the words " unemployability supplement ". 8. Sub-article (7) of article 4 of the Principal Regulations, inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1963 ( S.I. No. 217 of 1963 ), is hereby amended by the insertion after paragraph (b) of the following paragraphs :—

"(c) the rate of unemployability supplement otherwise payable to him in respect of that week shall be reduced by half, and he shall not be entitled to any increase of disablement pension under section 11 of the Act of 1966, in respect of a child qualified for the purposes of that Act who is under the age of sixteen,

(d) unemployability supplement shall not be payable to him in respect of such week if he is also in receipt of a pension paid to him as a blind person under the Old Age Pensions Acts in respect of that week.". 9. Article 4 of the Principal Regulations is hereby amended by the addition of the following sub-articles :—

"(9) Sub-articles (1), (1A) and (6) of this article shall apply to a person who is in receipt of death benefit by way of widower's or parent's pension at the weekly rate of ninety-five shillings asthey apply to a widow in receipt of death benefit by way of widow's pension.

(10) For the purposes of this article, where disablement pension including an increase by way of unemployability supplement is liable to be reduced by the operation of section 25 of the Act of 1966, the provisions of this article relating to such supplement shall apply to the rate of the supplement which would be payable were it not for the operation of the said section 25, and that section shall apply to the amount of the pension including the supplement as adjusted in accordance with the provisions of this article.". 10. Sub-article (1) of article 8 of the Principal Regulations, as inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1965 ( S.I. No. 61 of 1965 ), is hereby amended as follows :—

(i) Paragraph (a) shall be deleted and the following substituted therefor : —

"(a) Subject to paragraphs (b), (c) and (d) of this sub-article, an increase under subsection (1) of section 27 of...