S.I. No. 146/1995 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations, 1995

S.I. No. 146 of 1995.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 3) REGULATIONS, 1995.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 4 (as amended by section 13 of the Social Welfare Act, 1994 ) (No. 4 of 1994)), 31, 32, 37 (as amended by section 13 of the Social Welfare Act, 1995 ) (No. 3 of 1995)), 39,41B (inserted by the European Communities (Social Welfare) Regulations, 1995) ( S.I. No. 25 of 1995 )), 41I (inserted by section 11 of the Social Welfare Act, 1995 ), 43, 84, 89, 102 (inserted by section 11 of the Social Welfare Act, 1994 ) 111 and 216 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rule 4 (as amended by section 12 of the Social Welfare Act, 1995 ) of Part II of the Third Schedule to that Act, hereby makes the following Regulations:—

1 Citation and construction.

1.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations, 1995.

• (2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 and 1995 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 and 1995.

2 Definitions.

2.

2. In these Regulations—

"the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 );

"the 1994 Act" means the Maternity Protection Act, 1994 (No. 34 of 1994).

3 Interpretation.

3.

3. In these Regulations, save where the context otherwise requires, a reference to a Schedule is to a Schedule to these Regulations.

4 Days not to be treated as days of incapacity for work.

4.

4. Article 12 of the Principal Regulations is hereby amended by the insertion after paragraph (a) of the following paragraph:

• "(aa) is being paid by her employer in respect of health and safety leave in accordance with section 18 (4) of the 1994 Act, or".

5 Reduced rates of benefit.

5.

5. (1) The Principal Regulations are hereby amended by—

( a ) the substitution for Schedule B thereto of the Schedule set out in Schedule 1,

( b ) the substitution for Schedule C thereto of the Schedule set out in Schedule 2,

( c ) the substitution for Schedule D thereto of the Schedule set out in Schedule 3,

( d ) the substitution for Schedule E thereto of the Schedule set out in Schedule 4,

( e ) the substitution for Schedule G thereto of the Schedule set out in Schedule 5,

( f ) the substitution for Schedule H thereto of the Schedule set out in Schedule 6,

( g ) the substitution for Schedule I thereto of the Schedule set out in Schedule 7,

( h ) the substitution for Schedule J thereto of the Schedule set out in Schedule 8,

( i ) the substitution for Schedule K thereto of the Schedule set out in Schedule 9,

( j ) the substitution for Schedule L thereto of the Schedule set out in Schedule 10, and

( k ) the substitution for Schedule M thereto of the Schedule set out in Schedule 11.

• (2) This article shall come into operation—

( a ) in so far as it relates to unemployment benefit, on the 8th day of June, 1995,

( b ) in so far as it relates to disability benefit and health and safety benefit, on the 12th day of June, 1995,

( c ) in so far as it relates to retirement pension and deserted wife's benefit, on the 15th day of June, 1995, and

( d ) in so far as it relates to old age (contributory) pension and survivor's pension, on the 16th day of June, 1995.

6 Volunteer development workers — qualifying contributions.

6.

6. Article 21 of the Principal Regulations is hereby amended by the substitution for "the conditions contained in paragraphs (b) and (c) of section 37 (1) are not satisfied:" of "the contribution conditions in section 38 are not satisfied:" in both places where it occurs.

7 Maternity and adoptive benefit.

7.

7. (1) The Principal Regulations are hereby amended by—

( a ) the substitution in article 22 (2) for "£74.20 of "£75.70",

( b ) the substitution in article 23 for "fractions of a pound being disregarded, up to a maximum of £227." of "up to a maximum of £232.60.", and

( c ) the deletion in article 25F (inserted by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations, 1995 ( S.I. No. 94 of 1995 )) of "fractions of a pound being disregarded,".

• (2) This article shall come into operation on the 12th day of June, 1995.

8 Earnings disregard — carer's allowance.

8.

8. (1) Article 89 (2) of the Principal Regulations is hereby amended by the substitution for "£100" of "£150".

• (2) This article shall come into operation on the 15th day of June, 1995.

9 Information to be given when making a claim for maternity benefit or adoptive benefit.

9.

9. Article 101 of the Principle Regulations is hereby amended by the substitution for sub-articles (3) and (3A) (inserted by article 6 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations, 1995 of the following sub-article:

• "(3) The employer of a claimant for maternity benefit or adoptive benefit, as the case may be, shall, on being so required by an officer of the Minister, furnish to the Minister, the following information relating to that claimant—

( a ) certification that the claimant is entitled to—

• (i) maternity leave under the 1994 Act, or

• (ii) adoptive leave under the Adoptive Leave Act, 1995 (No. 2 of 1995),

as the case may be,

( b ) the amount of the claimant's gross earnings derived from that employment in respect of any period, and

( c ) any other relevant particulars that may be required for the purposes of determining a claim for maternity benefit or adoptive benefit, as the case may be.".

SCHEDULE 1

"SCHEDULE B

Articles 18, 25B and 30

Reduced rates of disability, unemployment and health and safety benefits

".

SCHEDULE 2

"SCHEDULE C

Article 38

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

".

SCHEDULE 3

"SCHEDULE D

Article 41

Special partial old age (contributory) pension

".

SCHEDULE 4

"SCHEDULE E

Article 47

Reduced rates of retirement pension where contribution conditions are partially satisfied

".

SCHEDULE 5

"SCHEDULE G

Article 56

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

".

SCHEDULE 6

"SCHEDULE H

Article 57

Special partial survivor's pension

".

SCHEDULE 7

"SCHEDULE I

Article 64

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

".

SCHEDULE 8

"SCHEDULE J

Article 65

Special partial deserted wife's benefit

".

SCHEDULE 9

"SCHEDULE K

Article 66 (1) (a)

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

".

SCHEDULE 10

"SCHEDULE L

Article 66 (1) (b)

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

SCHEDULE 11

"SCHEDULE M

Articles 66 (1) (c)

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

".

GIVEN under the Official Seal of the Minister for Social Welfare, this 1st day of June, 1995.

PROINSIAS DE ROSSA

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 6th day of June, 1995.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE.

The Social Welfare Act, 1995 provided for increases in the maximum rates of social insurance payments arising from the 1995 Budget, with effect from early to mid-June, 1995.

These Regulations provide for increases in the reduced rates of Disability Benefit, Unemployment Benefit, Health and Safety Benefit, Old Age (Contributory) Pension, Retirement Pension, Survivor's Pension and Deserted Wife's Benefit with effect from the middle of June, 1995.

The Regulations also provide for an increase in the minimum and maximum weekly rates of Maternity Benefit and Adoptive Benefit, an increase in the weekly earnings disregard from £100 to £150 in the case of the Carer's Allowance scheme and for a number of consequential amendments to the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 arising from the provisions of the Social Welfare Act, 1995 .

The Regulations also provide that a woman will not be entitled to Disability Benefit in respect of any day for which she is being paid by her employer in respect of health and safety leave.