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  4. S.I. No. 142/1955 - Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1955.

S.I. No. 142/1955 - Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1955.

S.I. No. 142 of 1955.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1955.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 3 , 32 and 75 of the Social Welfare Act, 1952 (No. 11 of 1952) and of all other powers enabling him in this behalf hereby makes the following regulations :—

1. These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1955.

2. In these Regulations, the expression " the Principal Regulations means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ) as amended by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1954 ( S.I. No. 155 of 1954 ).

3. The Principal Regulations and these Regulations may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1955.

4. The Principal Regulations are hereby amended by the addition after article 15 of the following article—

" 15A. (1) Notwithstanding articles 15 and 16 of these Regulations and subject to sub-article (2) of this article, where immediately before the receipt of such a pension or allowance as is specified in sub-article (1) of the said article 15 (hereinafter) referred to as a " pension or allowance in the highest degree ", a person was in receipt of disability benefit and a pension or allowance which is not a pension or allowance in the highest degree (hereinafter referred to as a " lower pension or allowance ") the disability benefit to which he would otherwise be entitled in respect of any period of incapacity during which he is in receipt of a pension or allowance in the highest degree shall not, as respects any period after the 30th day of April, 1954, be reduced below the amount, if any, by which the aggregate of the benefit and the lower pension or allowance exceeds the pension or allowance in the highest degree.

(2) Sub-article (1) of this article shall not apply to a person who is in receipt of or is qualified for any allowance or supplement by way of addition to a pension or allowance in the highest degree."

GIVEN under the Official Seal of the Minister for Social Welfare this 22nd day of July, One Thousand Nine Hundred and Fifty-five.

BRENDAN CORISH,

Minister for Social Welfare.