S.I. No. 214/1984 - Social Welfare (Pay-Related Benefit) (Enterprise Allowance) Regulations, 1984.

S.I. No. 214 of 1984.

SOCIAL WELFARE (PAY-RELATED BENEFIT) (ENTERPRISE ALLOWANCE) REGULATIONS, 1984.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 112 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by section 76 of that Act (as amended by section 8 of the Social Welfare Act, 1984 , (No. 5 of 1984)), hereby makes the following Regulations:

1. These Regulations may be cited as the Social Welfare (Pay-Related Benefit) (Enterprise Allowance) Regulations, 1984.

2. For the purposes of a scheme administered by the Department of Labour and known as the Enterprise Allowance Scheme, a person accepted into that Scheme who, if he had continued to be unemployed, would be entitled to continue to receive pay-related benefit, shall be entitled, subject to articles 3 and 4, to receive such benefit in the form of a lump sum equivalent to the amount which he would otherwise have received in respect of the unexpired portion (subject to a maximum of 26 weeks) of the relevant period of interruption of employment.

3. (1) Where, in the case of a person who has been accepted into the Enterprise Allowance Scheme:—

(a) it has been determined by the Minister for Labour that the case is a suitable case for the payment of a lump sum under article 2, and

(b) the Minister for Labour has determined an amount which he considers appropriate as such a lump sum in respect of the relevant enterprise,

the person may apply for payment of such a lump sum.

(2) An application under sub-article (1) may be made initially through the Minister for Labour when application is being made to him for the determination of the matters referred to in paragraphs (a) and (b) of sub-article (1).

4. (1) Subject to sub-article (2) of this article, the period in respect of which a person may receive a lump sum payment of pay-related benefit under these Regulations shall commence on the day he is accepted into the Enterprise Allowance Scheme and shall end on a day not later than the last day of the benefit period appropriate to the lump sum, any part of a day being disregarded.

(2) Where payment of pay-related benefit in respect of incapacity for work has been made to a person in respect of any period after the date he is accepted into the Enterprise Allowance Scheme, the period covered by such payment shall not, for the purposes of sub-article (1), reckon as a period in respect of which such person may receive a lump sum payment of pay-related benefit under these Regulations.

5. (1) Lump sum payment of pay-related benefit under these Regulations shall be transferred by the Department of Social Welfare to the Department of Labour for payment by that Department to the person entitled thereto.

(2) A certificate from the Department of Labour that the amount of a payment referred to in sub-article (1) has been made to a person who is entitled to such payment under these Regulations shall represent a proper discharge to the Social Insurance Fund for the amount so paid.

6. Where a person has received payment of pay-related benefit in the form of a lump sum under these Regulations, he shall not, notwithstanding the provisions of section 72 of the Social Welfare (Consolidation) Act, 1981 , be entitled to further payment of pay-related benefit in respect of any day of unemployment or incapacity for work which forms part of a period of interruption of employment in respect of which the person is entitled to unemployment benefit, disability benefit or maternity allowance or would be entitled to disability benefit or maternity allowance but for the fact that injury benefit is payable under Chapter 5 of the Social Welfare (Consolidation) Act, 1981 , in respect of any period which coincides with any period in respect of which payment of pay-related benefit by way of lump sum has already been made.

7. Lump sum payments of pay-related benefit under these Regulations shall be payable only in respect of enterprises which commence on or after the thirteenth day of August, 1984.

GIVEN under the Official Seal of the Minister for Social Welfare, this 13th

day of August, 1984.

BARRY DESMOND,

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 13th day of August,

1984.

DICK SPRING,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide that where, under the terms of the Enterprise Allowance Scheme which is administered by the Department of Labour, it has been determined that the payment of an additional lump sum, if available, would be appropriate, then pay-related benefit, which would have been payable to the person concerned if he had continued to be unemployed, may be paid to him in advance by way of a lump sum.

The maximum amount of pay-related benefit which may be paid by way of a lump sum is the amount of benefit payable in respect of a period of 26 weeks commencing from the day the person is accepted into the Enterprise Allowance Scheme by the Department of Labour.