S.I. No. 118/1979 - Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1979.

S.I. No. 118 of 1979.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) REGULATIONS, 1979.

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), section 22 of the Social Welfare Act, 1970 (No. 12 of 1970), section 8 of the Social Welfare Act, 1973 (No. 10 of 1973) and section 9 of the Social Welfare (No. 2) Act, 1974 (No. 14 of 1974), hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1979.

2. These Regulations and the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1977, shall be construed as one and may be cited together as the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1979.

3. In these Regulations:—

"old age (non-contributory) pension" means an old age pension under the Old Age Pensions Acts, 1908 to 1979;

"old age (contributory) pension" means an old age (contributory) pension under the Social Welfare (Amendment) Act, 1960 (No. 25 of 1960).

4. The Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ) are hereby amended by the addition after article 37 (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1974 ( S.I. No. 224 of 1974 )) of the following article:—

"38. Where a woman who has attained pensionable age would, but for this article, be entitled in respect of any period to widow's non-contributory pension or deserted wife's allowance or unmarried mother's allowance or prisoner's wife's allowance and either old age (non-contributory) pension or old age (contributory) pension, only one such pension or allowance shall be payable."

GIVEN under the Official Seal of the Minister for Social Welfare this 4th day of April, 1979.

CHARLES J. HAUGHEY,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare Act, 1979 provides, inter alia, for removal of the upper age limit, i.e., 66 years, for receipt of widow's (non-contributory) pension, deserted wife's allowance, unmarried mother's allowance and prisoner's wife's allowance. As a consequence of these changes the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1977 are being amended to ensure against concurrent payment of any of these pensions or allowances with old age (non-contributory) or old age (contributory) pension in the case of a woman who has attained pensionable age.