S.I. No. 417/1994 - Social Welfare (Consolidated Payments Provisions) Regulations, 1994

Type Statutory Instrument
Publication 1994-12-13
Last updated 2007-04-06
State Repealed superseded text
Text As published
articles 12
These amending acts are not in its history: the source does not say when their effect began (11)
  • IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(a), 4(2)(a), (b), Sch. 1 — Both official signatures leave the day blank: 'this day of May, 1996'.
  • IE-1996-si-172: S.I. No. 172 of 1996, reg. 4(1)(b), 4(2)(d), Sch. 2 — Both official signatures leave the day blank: 'this day of May, 1996'.
  • IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(c), 4(2)(d), Sch. 3 — Both official signatures leave the day blank: 'this day of May, 1996'.
  • IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(d), 4(2)(c), Sch. 4 — Both official signatures leave the day blank: 'this day of May, 1996'.
  • IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(e), 4(2)(d), sch. 5 — Both official signatures leave the day blank: 'this day of May, 1996'.
  • IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(f), 4(2)(d), Sch. 6 — Both official signatures leave the day blank: 'this day of May, 1996'.
  • IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(g), 4(2)(c), Sch. 7 — Both official signatures leave the day blank: 'this day of May, 1996'.
  • IE-1996-si-172: S.I. No. 172 of 1996, reg. 4(1)(h), 4(2)(c), Sch. 8 — Both official signatures leave the day blank: 'this day of May, 1996'.
  • IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(a), 4(2)(c), Sch. 9 — Both official signatures leave the day blank: 'this day of May, 1996'.
  • IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(a), 4(2)(c), Sch. 10 — Both official signatures leave the day blank: 'this day of May, 1996'.
  • IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(a), 4(2)(c), Sch. 11 — Both official signatures leave the day blank: 'this day of May, 1996'.

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

120 amending acts · 2007-04-06, S.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

Reform history JSON API

( A ) the rate of pension as set out in column (2) of Part 1 of the Fourth Schedule to the Principal Act, and

( B ) the increase in pension payable by virtue of section 137(a),

( h ) in respect of pre-retirement allowance—

reduced in the proportion that the weekly rate actually bears to the applicable scheduled rate.

118 Payments on death.

118. In the case of any benefit, other than child benefit and death grant, on the death of any claimant or beneficiary, the Minister may allow such person as he may think fit to proceed with or to make a claim for such benefit in the name of such claimant or beneficiary.

119 Sum payable on death — child benefit.

119. (1) Subject to this Chapter, the Minister may pay a sum payable on death if a claim to such sum is made to him within 6 months of the date of death or such longer time as the Minister may determine, having regard to the circumstances of the particular case.

( a ) where he was entitled to child benefit, any sum on account of such benefit which became payable within 6 months before the date of his death but has not been paid,

( b ) where he applied for child benefit for which he was qualified and died before his claim was allowed, any sum which would have become payable on account of such benefit up to the date of his death, if his claim had been allowed immediately before his death.

120 Distribution of sum payable on death.

120. (1) On the death of a claimant or beneficiary any sum payable in respect of any benefit including a sum payable on death within the meaning of article 119(2) may be paid or distributed by the Minister, without probate or other proof of title of the personal representative of the deceased as follows:—

( a ) where the claimant or beneficiary dies leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the persons receiving that sum,

( b ) where the claimant or beneficiary dies intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the claimant or beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.

121 Payments after death.

121. (1) For the purposes of this article—

"continued payment" means benefit payable by virtue section 210(2)(a) or section 210(3)(a);

"deceased beneficiary" means a person in respect of whom a continued payment is payable;

"related person" means the person

( a ) in respect of whom the deceased beneficiary was receiving an increase in respect of an adult dependant, or in respect of whom such an increase would have been payable but for the receipt by the deceased beneficiary's spouse of an old age (non-contributory) pension, a blind pension or a carer's allowance in his own right, or

( b ) in respect of whom the deceased beneficiary was receiving an increase under section 137(a).

the Minister may appoint some other person to exercise on behalf of such related person any right or power which such related person may be entitled to exercise in relation to the continued payment.

( b ) The receipt of a person appointed to act under this sub-article shall be a good discharge to the Minister (and, in the case of benefit under Part II, to the Minister and to the Social Insurance Fund) for any amounts so paid.

( c ) Where the related person entitled to a continued payment dies and the continued payment does not include an increase in respect of a qualified child the right to the continued payment shall be extinguished.

( a ) evidence of the death of a deceased beneficiary shall be furnished by or on behalf of the related person;

( b ) the provisions of Chapter 3 of this Part shall not apply to continued payments:

Provided that the application of this paragraph shall not be construed as entitling a related person to a continued payment at a higher rate than the rate of benefit which had been payable to the deceased beneficiary.

( b ) In any case where payment has been made to a related person of any pension, allowance or benefit referred to in section 210(2)(f) in respect of the whole or part of the period in respect of which a continued payment is due the amount so paid by way of such pension, allowance or benefit shall be treated as having been paid on account of the continued payment.

( c ) The provisions of section 210(2)(f) and this sub-article shall not apply to a gratuity payable under section 60(7).

122 Offences.

122. A person who fails to comply with article 106(1), 112(3) or 114(3) shall be guilty of an offence and shall be liable on summary conviction to the penalties provided for in section 218(1)(a).

123 Provisions relating to appointments.

123. (1) The Minister may at any time revoke an appointment made under article 115, 116 or 117 and a person appointed may resign on giving to the Minister one month's notice of his intention to do so.

CHAPTER 3 *Overlapping Benefits*

124 Interpretation.

124. In this Chapter—

"assistance" means any assistance specified in section 118 (1);

"benefit" means any benefit specified in section 30(1).

125 Payment of disablement benefit with other social welfare payments.

125. (1) Notwithstanding section 209(1) or (2), where disablement benefit and any benefit or assistance (including any increase thereof) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.

( a ) on account of unemployability by virtue of section 56,

( b ) in respect of an adult dependant or a qualified child by virtue of section 55(4),

( c ) in respect of constant attendance by virtue of section 57.

126 Payment of orphan's pension with other social welfare payments.

126. (1) Notwithstanding section 209(1) or (2), where orphan's (contributory) allowance, orphan's (non-contributory) pension or death benefit by way of orphan's pension and any payment specified in sub-article (3) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.

( a ) disability benefit,

( b ) maternity benefit,

( c ) unemployment benefit,

( d ) injury benefit,

( e ) unemployability supplement,

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

( g ) survivor's pension,

( h ) deserted wife's benefit,

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

( j ) lone parent's allowance.

127 Payment of half-rate disability benefit etc. to recipients of survivor's pension and other analogous payments.

127. (1) Notwithstanding section 209(1) or (2), where in respect of any period a person is in receipt of a payment specified in sub-article (5) and is also entitled to disability benefit, maternity benefit, unemployment benefit, injury benefit or unemployability supplement in respect of any day in the same period, such disability benefit, maternity benefit, unemployment benefit, injury benefit or unemployability supplement shall, subject to sub-article (2), be reduced by half:

Provided that no increase shall be paid in such benefit in respect of a qualified child or in the case of unemployability supplement no increase by virtue of section 55(4) shall be payable, and in no case shall disability benefit or unemployability supplement be paid to a person who is in receipt of a payment specified in sub-article (5) for any day in excess of 390 days in any period of interruption of employment.

( a ) survivor's pension or deserted wife's benefit at a rate less than that specified in Part I of the Second Schedule to the Principal Act, or

( b ) any pension or allowance specified in paragraphs (d) to (g) of sub-article (5) at a reduced rate by reason of means,

and she is also entitled to disability benefit, maternity benefit, unemployment benefit, injury benefit or unemployability supplement, both such payments may be paid to that person in respect of that period:

Provided that the amount payable to that person by way of such disability benefit, maternity benefit, unemployment benefit or injury benefit (including any increase in respect of a qualified child) or by way of unemployability supplement (including an increase payable in respect of a qualified child by virtue of section 55(4)) shall not exceed the aggregate of—

and in no case shall the amount of disability benefit, maternity benefit, unemployment benefit, injury benefit or unemployability supplement so payable exceed the rate of such benefit, allowance or supplement appropriate to the family size, as set out in Part I of the Second Schedule to the Principal Act.

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

( b ) survivor's pension,

( c ) deserted wife's benefit,

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

( e ) deserted wife's allowance,

( f ) prisoner's wife's allowance,

( g ) lone parent's allowance.

128 Payment of blind pension with other social welfare payments.

128. (1) Notwithstanding section 209(1) or (2), where, in respect of the same period, blind pension and any payment specified in sub-article (2) would be payable to or in respect of a person who has not attained pensionable age, both such payments may be paid to or in respect of that person in respect of that period.

( a ) any benefit other than old age (contributory) pension, retirement pension or invalidity pension,

( b ) any assistance other than unemployment assistance, pre-retirement allowance, old age (non-contributory) pension or carer's allowance.

129 Payment on account.

129. (1) Where—

( a ) in respect of any period, a payment specified in section 209(1) or (2) (in this article referred to as the "specified payment") has been paid to or in respect of a person who, though entitled to any other payment specified in the said subsection (1) or (2) (in this article referred to as the "other payment"), is not at that time in receipt of such other payment, and

( b ) such specified payment would not have been paid if that person had been in receipt of such other payment, 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 other payment subsequently becomes payable to that person,

the Minister or the health board, as the case may be, may reduce the arrears by an amount not exceeding the amount paid by way of the specified payment to such person.

130 Payment on account of adult dependants and qualified children.

130. (1) Where in respect of any period a person is in receipt of any benefit or assistance, which includes an increase in respect of an adult dependant, and in that period that adult dependant becomes entitled in his own right to any benefit or assistance, any such increase shall be regarded as payment on account of the said benefit or assistance payable to that adult dependant in respect of the said period.

131 Supplementary welfare allowance granted to persons in receipt of long-term payments.

131. (1) Any arrears of a relevant payment payable to or in respect of a person, which the Minister, by virtue of section 184, may reduce by the amount of the excess, shall include any such arrears payable to or in respect of the spouse of that person.

132 Payment of increase for qualified child where child becomes entitled to payment in his own right.

132. Notwithstanding section 209(1) or (2) where, in respect of any period to which article 8(3)(b) applies, an increase in any payment specified in section 209(1) or (2) is payable in respect of a qualified child and that qualified child becomes entitled to any payment specified in section 209(1) or (2) in his own right, the following provisions shall apply—

( a ) the increase in payment payable in respect of the qualified child shall continue to be paid, and

( b ) the payment to which the qualified child becomes entitled to in his own right shall be reduced by an amount not exceeding the amount of the increase specified in paragraph (a).

133 Old age (non-contributory) pension — qualified child.

133. Notwithstanding section 138, where each of a married couple is entitled to old age (non-contributory) pension and, but for this article, they would each be entitled to an increase in such pension in respect of a qualified child, only one such pension shall be increased in respect of such qualified child.

134 Rounding.

134. Where, by virtue of this Chapter, the amount of any benefit or assistance (including any increase thereof) is reduced, the amount so payable shall be rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and shall be rounded to the nearest 10p where it is a multiple of 5p.

135 Saver.

135. (1) Subject to sub-article (2) where, before the 1st day of November, 1991, more than one of the payments specified in section 209(1) or (2) was payable to or in respect of a person in respect of the same period by virtue of article 21(1) of the Social Welfare (Overlapping Benefits) Regulations, 1990 ( S.I. No. 342 of 1990 ), section 209 shall not operate so as to disentitle such person to any such payment.

( a ) a disabled person's maintenance allowance,

( b ) an infectious diseases maintenance allowance, or

( c ) an increase in either of the payments specified in paragraph (a) or (b), and

would be payable to or in respect of a qualified child in respect of the same period, section 209 shall not operate so as to disentitle such person to any such payment.

Articles 12(b),

15 (1) (c),

15(3)

SCHEDULE A

Rules of Behaviour for person claiming or in receipt of disability benefit

1.

He shall obey any instructions, relating to his behaviour or any other matter concerning his incapacity, of a doctor attending on him or to whom he has attended for medical or other examination in accordance with article 15(2).

2.

He shall refrain from behaviour which is likely to retard his recovery.

3.

He shall not be absent from his place of residence without leaving word where he may be found.

4.

He shall not refuse unreasonably to see an officer of the Minister and he shall answer any reasonable enquiries by any such officer relating to his claim.

5.

He shall not engage in work unless it be—

( a ) light work for which no remuneration is, or would ordinarily be, payable,

( b ) work undertaken primarily as a part of his treatment while he is a patient in, or of, a hospital, sanatorium, or other similar institution and his weekly earnings in respect of that work do not exceed £33.30, or

( c ) work under a scheme that is, in the opinion of the Minister, charitable in character and purpose and his weekly earnings in respect of that work do not exceed £33.30.

Articles 18 and 30

SCHEDULE B

Reduced rates of disability and unemployment benefit

Amount of Reckonable weekly earnings Weekly Rate Increase for Adult Dependant (where payable)
(1) (2) (3)
£ £ £
25 to 34.99 27.40 23.60
35 to 49.99 39.40 23.60
50 to 69.99 47.80 23.60

Article 38

SCHEDULE C

Reduced rates of old age (contributory) pension where contribution conditions are partially satisfied

Yearly Average Weekly Rate
(1) (2)
£
36 to 47 69.20
24 to 35 66.80
20 to 23 65.40

Article 41

SCHEDULE D

Special partial old age (contributory) pension

Average Number of contributions paid or credited per contribution year in the relevant period Weekly Rate
(1) (2)
£
15 to 19 49.00
10 to 14 32.80
5 to 9 16.40

Article 47

SCHEDULE E

Reduced rates of retirement pension where contribution conditions are partially satisfied

Yearly Average (1) Weekly Rate (2)
£
36 to 47 69.20
24 to 35 66.80

Article 54

SCHEDULE F

Rules of Behaviour for person entitled to or in receipt of invalidity pension

1.

He shall attend for medical or other examination at such time or place as may be required by an officer of the Minister, provided that he has been given not less than 7 days notice in writing.

2.

He shall obey any instructions, relating to his behaviour or any other matter concerning his incapacity, of a doctor attending on him or to whom he has attended for medical or other examination in accordance with Rule 1.

3.

He shall not refuse unreasonably to see an officer of the Minister and he shall answer any reasonable enquiries by any such officer relating to his claim.

4.

He shall not engage in work whether on his own account or on behalf of any other person.

Article 56

SCHEDULE G

Reduced rates of survivor's pension where contribution conditions are partially satisfied

Yearly Average Weekly Rate
(1) (2)
£
36 to 47 63.40
24 to 35 61.60

Article 57

SCHEDULE H

Special partial survivor's pension

Yearly Average Weekly Rate
(1) (2)
£
18 to 23 46.10
12 to 17 30.60
5 to 11 15.30

Article 64

SCHEDULE I

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied

Yearly Average Weekly Rate
(1) (2)
£
36 to 47 63.40
24 to 35 61.60

Article 65

SCHEDULE J

Special partial deserted wife's benefit

Yearly Average Weekly Rate
(1) (2)
£
18 to 23 46.10
12 to 17 30.60
5 to 11 15.30

Article 66(1)(a)

SCHEDULE K

Rates of deserted wife's benefit — effect of income limit

Aggregate of reckonable income and reckonable earnings. Weekly Rate
(1) (2)
£ £
Exceeds 10,000 but does not exceed 11,000 51.60
Exceeds 11,000 but does not exceed 12,000 38.70
Exceeds 12,000 but does not exceed 13,000 25.80
Exceeds 13,000 but does not exceed 14,000 12.90

Article 66(1)(b)

SCHEDULE L

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied — effect of income limit

Aggregate of reckonable income and reckonable earnings. Yearly Average 24 to 35 Yearly Average 36 to 47
(1) (2) (3)
Weekly Rate Weekly Rate
£ £ £
Exceeds 10,000 but does not exceed 11,000 49.20 50.80
Exceeds 11,000 but does not exceed 12,000 37.00 38.00
Exceeds 12,000 but does not exceed 13,000 24.60 25.30
Exceeds 13,000 but does not exceed 14,000 12.40 12.70

Article 66(1)(c)

SCHEDULE M

Special partial deserted wife's benefit — effect of income limit

Aggregate of reckonable income and reckonable earnings. Yearly Average 5 to 11 Yearly Average 12 to 17 Yearly Average 18 to 23
(1) (2) (3) (4)
Weekly Rate Weekly Rate Weekly Rate
£ £ £ £
Exceeds 10,000 but does not exceed 11,000 12.30 24.50 36.90
Exceeds 11,000 but does not exceed 12,000 9.20 18.30 27.70
Exceeds 12,000 but does not exceed 13,000 6.20 12.30 18.40
Exceeds 13,000 but does not exceed 14,000 3.10 6.10 9.30

Article 5

SCHEDULE N

Revocations

(1) Number and Year Title (2) Extent of Revocation
S.I. No. 2 of 1953 Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) Regulations, 1953 The Whole Regulations.
S.I. No. 4 of 1953 Social Welfare (Disability Benefit, Marriage Benefit and Maternity Benefit) (Voluntary Contributors) (Transitional) Regulations, 1953 The Whole Regulations.
S.I. No. 6 of 1953 Social Welfare (Disability Benefit, Marriage Benefit, Maternity Benefit and Miscellaneous Provisions) (Transitional) Regulations, 1953 The Whole Regulations.
S.I. No. 7 of 1953 Social Welfare (Disability Unemployment and Marriage Benefit) Regulations, 1953 The Whole Regulations.
S.I. No. 375 of 1953 Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, 1953 The Whole Regulations.
S.I. No. 124 of 1954 Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) Regulations, 1954 The Whole Regulations.
S.I. No. 264 of 1954 Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, 1954 The Whole Regulations.
S.I. No. 265 of 1954 Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) (No. 2) Regulations, 1954 The Whole Regulations.
S.I. No. 273 of 1954 Social Welfare (Disability Benefit, Marriage Benefit and Maternity Benefit) (Voluntary Contributors) (Transitional) (Amendment) Regulations, 1954 The Whole Regulations.
S.I. No. 92 of 1955 Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) Regulations, 1955 The Whole Regulations.
S.I. No. 241 of 1955 Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, 1955 The Whole Regulations.
S.I. No. 242 of 1955 Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) (No. 2) Regulations, 1955 The Whole Regulations.
S.I. No. 136 of 1956 Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) Regulations, 1956 The Whole Regulations.
S.I. No. 291 of 1956 Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, 1956 The Whole Regulations.
S.I. No. 239 of 1957 Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, The Whole Regulations.
S.I. No. 233 of 1958 Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, 1958 The Whole Regulations.
S.I. No. 274 of 1960 Social Welfare (Old Age (Contributory) Pension) Regulations, 1960 The Whole Regulations.
S.I. No. 135 of 1962 Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) Regulations, 1962 The Whole Regulations.
S.I. No. 18 of 1965 Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) Regulations, 1965 The Whole Regulations.
S.I. No. 52 of 1965 Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) (No. 2) Regulations, 1965 The Whole Regulations.
S.I. No. 225 of 1970 Social Welfare (Retirement Pension) Regulations, 1970 The Whole Regulations.
S.I. No. 238 of 1972 Social Welfare (Old Age and Widows' and Orphans' (Contributory) Pensions and Retirement Pension) (Amendment) Regulations, 1972 The Whole Regulations.
S.I. No. 182 of 1974 Social Welfare (Disability and Unemployment Benefit) Regulations, 1974 The Whole Regulations.
S.I. No. 208 of 1974 Social Welfare (Payment of Benefit after Death) Regulations, 1974 The Whole Regulations.
S.I. No. 287 of 1980 Social Welfare (Disability and Unemployment Benefit) (Amendment) (No. 2) Regulations, 1980 The Whole Regulations.
S.I. No. 237 of 1986 Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1986 The Whole Regulations except insofar as they relate to Occupational Injuries Benefits.
S.I. No. 367 of 1986 Social Welfare (Normal Residence) Regulations, 1986 The Whole Regulations.
S.I. No. 369 of 1986 Social Welfare (Adult Dependant) Regulations, 1986 The Whole Regulations.
S.I. No. 263 of 1988 Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988 The Whole Regulations.
S.I. No. 18 of 1989 Social Welfare (Miscellaneous Social Insurance Provisions) (Amendment) Regulations, 1989 The Whole Regulations.
S.I. No. 166 of 1989 Social Welfare (Unemployment Payments) Regulations, 1989 The Whole Regulations.
S.I. No. 137 of 1990 Social Welfare (Adult Dependant) (Amendment) Regulations, 1990 The Whole Regulations.
S.I. No. 280 of 1990 Social Welfare (Normal Residence) (Amendment) Regulations, 1990 The Whole Regulations.
S.I. No. 206 of 1991 Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1991 The Whole Regulations other than Parts 1 and 11.
S.I. No. 261 of 1991 Social Welfare (Full-Time Education) Regulations, 1991 The Whole Regulations.
S.I. No. 279 of 1991 Social Welfare (Family Income Supplement) Regulations, 1991 The Whole Regulations other than article 22 and Schedule A.
S.I. No. 281 of 1991 Social Welfare (Overlapping Benefits) Regulations, 1991 The Whole Regulations.
S.I. No. 314 of 1991 Social Welfare (Old Age (Contributory) Pension and Retirement Pension) Regulations, 1991 The Whole Regulations.
S.I. No. 374 of 1991 Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1991 The Whole Regulations.
S.I. No. 87 of 1992 Social Welfare (Maternity Allowance) Regulations, 1992 The Whole Regulations.
S.I. No. 211 of 1992 Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1992 The Whole Regulations.
S.I. No. 237 of 1992 Social Welfare (Deserted Wife's Benefit) Regulations, 1992 The Whole Regulations.
S.I. No. 309 of 1992 Social Welfare (Child Benefit) Regulations, 1992 The Whole Regulations.
S.I. No. 310 of 1992 Social Welfare (Child Benefit) (Normal Residence) Rules, 1992 The Whole Regulations.
S.I. No. 448 of 1992 Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1992 The Whole Regulations.
S.I. No. 449 of 1992 Social Welfare (Unemployment Benefit) (No. 2) Regulations, 1992 The Whole Regulations.
S.I. No. 9 of 1993 Social Welfare (Old Age (Contributory) Pension and Retirement Pension) (Amendment) Regulations, 1993 The Whole Regulations.
S.I. No. 82 of 1993 Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1993 The Whole Regulations.
S.I. No. 83 of 1993 Social Welfare (Disability Benefit) Regulations, 1993 The Whole Regulations.
S.I. No. 132 of 1993 Social Welfare (Invalidity Pension) Regulations, 1993 The Whole Regulations.
S.I. No. 154 of 1993 Social Welfare (Adult Dependant) (Amendment) Regulations, 1993 The Whole Regulations.
S.I. No. 189 of 1993 Social Welfare (Claims and Payments) Regulations, 1993 The Whole Regulations.
S.I. No. 201 of 1993 Social Welfare (Maternity Allowance) (Amendment) Regulations, 1993 The Whole Regulations.
S.I. No. 232 of 1993 Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1993 The Whole Regulations.
S.I. No. 233 of 1993 Social Welfare (Deserted Wife's Benefit) Regulations, 1993 The Whole Regulations.
S.I. No. 364 of 1993 Social Welfare (Social Assistance) Regulations, 1993 The Whole Regulations other than articles 23 and 24.
S.I. No. 128 of 1994 Social Welfare (Unemployment Benefit) Regulations, 1994 The Whole Regulations.
S.I. No. 230 of 1994 Social Welfare (Maternity Benefit) (Amendment) Regulations, 1994 The Whole Regulations.
S.I. No. 232 of 1994 Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1994 The Whole Regulations.
S.I. No. 233 of 1994 Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1994 Parts III and IV.
S.I. No. 239 of 1994 Social Welfare (Social Assistance) (Amendment) Regulations, 1994 The Whole Regulations.
S.I. No. 241 of 1994 Social Welfare (Family Income Supplement) (Amendment) Regulations, 1994 The Whole Regulations.
S.I. No. 282 of 1994 Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1994 The Whole Regulations.
S.I. No. 310 of 1994 Social Welfare (Claims and Payments) (Amendment) Regulations, 1994 The Whole Regulations.
S.I. No. 316 of 1994 Social Welfare (Social Assistance) (Amendment) (No. 2) Regulations, 1994 The Whole Regulations.
S.I. No. 320 of 1994 Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1994 The Whole Regulations.
S.I. No. 322 of 1994 Social Welfare (Survivor's Pension) Regulations, 1994 The Whole Regulations.

GIVEN under the Official Seal of the Minister for Social Welfare,

this 12th day of December, 1994.

MICHAEL WOODS,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 13th

day of December, 1994.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations consolidate the regulatory provisions relating to:

— all of the social insurance payments, other than Occupational Injuries Benefits and Treatment Benefit (Part II);

— all of the social assistance payments, other than Supplementary Welfare Allowance (Part III);

— Child Benefit (Part IV);

— Family Income Supplement (Part V); and

— related provisions governing the making of claims and payments and the Overlapping Benefits provisions which set out the circumstances in which a person may receive more than one social welfare payment at the same time (Part VI).

In addition to consolidating the existing provisions, the Regulations also provide:

— that the acceptance of a late claim, heretofore a Ministerial function, will be a matter for decision by a deciding officer, thereby giving the client the right of appeal;

— for an extension in the categories exempted from having to have 13 paid contributions in the governing contribution year (or certain other years) in order to qualify for Disability Benefit, to include people who immediately before making their claim for Disability Benefit were in receipt of Invalidity Pension;

— an increase from £24 to £33.30 in the weekly amount which a person in receipt of Disability Benefit may earn from work which he or she may engage in under the prescribed Rules of Behaviour; and

— a change in the method of calculating the yearly average number of contributions for Deserted Wife's Benefit purposes under which a fraction of a contribution will be rounded to the nearest whole number, thereby bringing these provisions into line with those applying in the case of other social welfare payments.

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