S.I. No. 26/1995 - Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations, 1995

S.I. No. 26 of 1995.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) REGULATIONS, 1995.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 4 and 37 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), section 41B of that Act (as modified by the European Communities (Social Welfare) Regulations, 1995) and sections 205, 206, 209 and 216 of the said 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) Regulations, 1995.

• (2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ) shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 and 1995.

2 Commencement.

2.

2. These Regulations shall come into operation on the 30th day of January, 1995.

3 Interpretation.

3.

3. In these Regulations "the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994.

4 Revocation.

4.

4. The Social Welfare (Health and Safety Benefit) Regulations, 1994 ( S.I. No. 313 of 1994 ) are hereby revoked.

5 Saver.

5.

5. (1) A health and safety benefit which, by virtue of the provisions of the Social Welfare (Health and Safety Benefit) Regulations, 1994, is payable immediately before the commencement of these Regulations, shall, notwithstanding article 4 of these Regulations, continue to be paid for as long as the conditions contained in the said Regulations continue to be fulfilled.

• (2) The Social Welfare (Health and Safety Benefit) Regulations, 1994 shall continue to have effect for the purposes of this article.

6 Definitions.

6.

6. Article 3 of the Principal Regulations is hereby amended by the substitution for the definition of "the Principal Act" of the following definition:

" 'the Principal Act' " means the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) as modified by the European Communities (Social Welfare) Regulations, 1995;".

7 Health and safety benefit.

7.

7. The Principal Regulations are hereby amended by the insertion after Chapter 2 of part II of the following Chapter:

"Chapter 2A

Health and Safety Benefit

Qualifying conditions for benefit.

25A. (1) For the purposes of section 41B (1) (b)—

( a ) the prescribed period shall be the last complete contribution year before the beginning of the benefit year which includes the 1st day for which health and safety benefit is claimed;

( b ) subject to sub-article (2), the prescribed reckonable weekly earnings shall be calculated as the total reckonable earnings in the prescribed period divided by the number of qualifying contributions in the said period; and

( c ) the prescribed amount shall be £69.99.

• (2) In the case of a claimant whose reckonable earnings if any, are less that £25, as calculated in accordance with sub-article (1), she shall be deemed to have reckonable weekly earnings of £25.

Partial satisfaction of conditions for benefit.

25B.Where a claimant would be entitled to benefit but for the fact that her reckonable weekly earnings do not exceed £69.99, the following provisions shall apply:—

( a ) where the reckonable weekly earnings is an amount included in one of groups of amounts specified in column (1) of Schedule B there shall be entitlement to health and safety benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule;

( b ) any increase of health and safety benefit in respect of an adult dependant, payable under section 41E (1) shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedule; and

( c ) any increase of health and safety benefit in respect of a qualified child, payable under section 41E (2) shall be the same as if the condition as respects the reckonable weekly earnings had been fully satisfied.".

8 Information to be given when making claim.

8.

8. Article 101 of the Principal Regulations is hereby amended by the substitution for sub-article (3) of the following sub-article:

• "(3) The employer of a claimant for maternity benefit or health and safety benefit, as the case may be, shall furnish to the Minister such of the following information relating to that woman as may be required by an officer of the Minister—

( a ) whether she is, immediately before the first day of maternity leave, an employed contributor,

( b ) the date of commencement and, where the employment has ceased, the date of cessation of employment with that employer and the reason for the said cessation,

( c ) the nature of her employment,

( d ) the amount of her gross earnings derived from her employment with the employer in respect of any period,

( e ) whether she may resume employment immediately after the end of the maternity leave period, and

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

9 Prescribed time for making claim.

9.

9. Article 102 of the Principal Regulations is hereby amended by the insertion in paragraph (e) after "maternity benefit" of "and health and safety benefit".

10 Claims made outside prescribed time.

10.

10. Article 104 of the Principal Regulations is hereby amended by the insertion in paragraph (b) before "unemployment benefit" of "health and safety benefit,".

11 Payment of orphan's with other social welfare payments.

11.

11. Article 126 of the Principal Regulations is hereby amended by—

( a ) the insertion in sub-article (2) before "unemployment benefit" of "health and safety benefit.", and

( b ) the insertion in sub-article (3) of the following paragraph:

• "(bb) health and safety benefit,".

12 Payment of half-rate disability benefit etc. to recipients of survivor's pension etc.

12.

12. Article 127 of the Principal Regulations is hereby amended by the insertion before "unemployment benefit" of "health and safety benefit" in each place where those words occur.

GIVEN under the Official Seal of the Minister for Social Welfare, this 30th day of January, 1995.

PROINSIAS DE ROSSA,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations prescribe the amount of reckonable weekly earnings a claimant must have to qualify for Health and Safety Benefit. They also provide for payment of reduced rates of benefit to claimants whose reckonable weekly earnings are below this prescribed amount.

The Regulations also contain general provisions relating to claims and payments and include overlapping benefits provisions where a person is entitled to health and safety benefit and another social welfare payment at the same time.