S.I. No. 489/1997 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Pensions) Regulations, 1997

S.I. No. 489 of 1997.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 10) (PENSIONS) REGULATIONS, 1997

The Minister for Social, Community and Family Affairs in exercise of the powers conferred on him by sections 4, 84 (as amended by section 12 of the Social Welfare Act, 1997 (No. 10 of 1997)), and 207 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) 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. 10) (Pensions) Regulations, 1997.

• (2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997.

2 Commencement

2.

2. These Regulations shall come into operation on the 21st day of November, 1997.

3 Interpretation

3.

3. In these Regulations -

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

"the Regulations of 1997" means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) Regulations, 1997 ( S.I. No. 237 of 1997 ).

4 Partial satisfaction of contribution conditions for old age (contributory) pension

4.

4. The Principal Regulations are hereby amended by -

( a ) the substitution for article 38 of the following article:

"38. (1) Where a person would be entitled to old age (contributory) pension but for the fact that the relevant contribution conditions are not satisfied as respects the yearly average, he shall be entitled to pension at a rate determined in accordance with sub-article (2):

Provided that -

( a ) the yearly average is not less than 10, and

( b ) where the yearly average is less than 20 he has qualifying contributions in respect of not less than 260 contribution weeks since entry into insurance,

• (2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule C the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 87 shall be the same as if the contribution conditions set out in section 84(1) (c) had been fully satisfied.", and

( b ) the substitution for Schedule C (as substituted by article 4 of the Regulations of 1997) of the Schedule set out in Schedule 1.

5 Payment to appointed person living together with applicant

5.

5. Article 117 of the Principal Regulations is hereby amended by

( a ) the substitution in paragraph (c) for "sections 86 and 87(1)," of "sections 86, 87(1) and 87 (5),",

( b ) the substitution in paragraph (d) for "sections 90 and 91(1)," of "sections 90, 91(1) and 91 (5),",

( c ) the substitution in paragraph (e) for "sections 98, 99(1) and 99(5),", and

( d ) the substitution for paragraph (g) (i) of the following paragraph:

" (i) where the weekly rate payable is a scheduled rate, any increase of pension payable in respect of a qualified child by virtue of section 136(1), together with one half of the aggregate of

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

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

• (C) the increase in pension payable by virtue of section 137 (c),".

SCHEDULE I

"SCHEDULE C

Article 38

Reduced rates of old age (contributory) pension where

contribution conditions are partially satisfied

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs this 18th day of November, 1997.

DERMOT AHERN

Minister for Social, Community and Family Affairs.

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

GIVEN under the Official Seal of the Minister for Finance this 20th day of November, 1997.

CHARLIE McCREEVEY

Minister for Finance.

EXPLANATORY NOTE

These Regulations enable a person who has a yearly average of 10 to 19 social insurance contributions, to qualify for a reduced rate of Old Age (Contributory) Pension, provided he or she has 260 qualifying contributions. The reduced rates of pension payable in such cases are set out in the Schedule attached to the Regulations.

The Regulations also provide that the increase for people aged 80 or more may be divided for the purposes of separate payments in the case of Retirement Pension, Old Age (Contributory) Pension, Old Age (Non-Contributory) Pension and Invalidity Pension.

These Regulations shall come into effect on 21st of November, 1997.