S.I. No. 17/2004 - Social Welfare (Consolidated Payments Provisions) (Amendment) (Overlapping Payments) Regulations, 2004

The Minister for Social and Family Affairs in exercise of the powers conferred on her by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act 2002 (No. 8 of 2002)) and 209 (as amended by section 14 of the Social Welfare Act 2000 (No. 4 of 2000)) of the Social Welfare (Consolidation) Act, 2003 (No. 27 of 1993), hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (Overlapping Payments) Regulations, 2004.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2003 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2004.

Commencement.

2. These Regulations come into operation on 19 January 2004.

Definition.

3. In these Regulations—

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

Payment of disability, unemployment benefit etc. to recipients of certain payments.

4. The Principal Regulations are amended by substituting the following for article 127:

127. (1) Notwithstanding section 209(1) or (2), where in respect of any period a person is in receipt of a payment specified in sub-article (6) at a rate less than that specified in Part I of the Second Schedule to the Principal Act or at a reduced rate by reason of means (in this article known as the ‘specified payment’), and is also entitled to disability benefit, maternity benefit, health and safety benefit, adoptive benefit, unemployment benefit, injury benefit or unemployability supplement (in this article referred to as ‘the benefit payment’) in respect of any day in the same period, both such payments may be paid to that person in respect of that period:

Provided that the aggregate amount payable to that person by way of the benefit payment (including any increase in respect of a qualified child) or by way of unemployability supplement (including an increase payable in respect of a qualified child by virtue of section 55(4)) and the specified payment does not exceed the maximum rate of the benefit payment appropriate to the circumstances which the person would otherwise be entitled to.

(2) Subject to sub-article (4), in no case shall disability benefit or unemployability supplement be paid to a person in accordance with sub-article (1) for any day in excess of 390 days in any period of interruption of employment.

(3) Where in respect of any period, a person who is in receipt of a specified payment is also in receipt of a blind pension by virtue of article 128, then disability benefit, maternity benefit, health and safety benefit, adoptive benefit, unemployment benefit, injury benefit or unemployability supplement shall not be payable to that person in respect of the same period.

(4) Where, on the 5th day of April, 1990, a person who was in receipt of a specified payment was also in receipt of disability benefit or unemployability supplement by virtue of sub-article (1B) of article 4 of the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ) (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1987 ( S.I. No. 344 of 1987 )), that person shall continue to be entitled to such benefit or supplement until the end of the period of incapacity for work.

5. (a) Where, on the 18th day of January, 2004, a person who is in receipt of a specified payment is also in receipt of maternity benefit, adoptive benefit or health and safety benefit by virtue of article 127 of the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ) that person shall continue to be entitled to both payments until the end of the period during which the person is entitled to maternity benefit, adoptive benefit, or health and safety benefit, as the case may be.

(b) Where in respect of a period of interruption of employment which commenced on or before the 18th day of January, 2004, a person was in receipt of disability benefit, unemployment benefit, injury benefit or unemployability supplement and a specified payment by virtue of article 127 of the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 (S.I. 417 of 1994) that person shall continue to be entitled to both payments until the end of the said period of interruption of employment.

6. The following payments are hereby specified for the purposes of this article:—

(a) death benefit by way of widow's pension, widower's pension or parent's pension,

(b) widow's (contributory) pension,

(c) widower's (contributory) pension,

(d) a relevant payment by virtue of section 18 (1)(a), (b) or (c) of the Social Welfare Act, 1996 ,

(e) widow's (non-contributory) pension,

(g) widower's (non-contributory) pension, or

(g) one parent family payment.”.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the removal of the entitlement to half-rate Disability Benefit, Injury Benefit, Unemployment Benefit, Unemployability Supplement, Maternity Benefit, Adoptive Benefit and Health and Safety Benefit where the recipient is already in receipt of widow/ers pensions or one-parent family payment (OPFP), as announced in Budget 2004.

The Regulations provide that where a person is in receipt of a reduced rate widow/er's pension or OPFP and has an entitlement to Disability Benefit, Injury Benefit, Unemployment Benefit, Unemployability Supplement, Maternity Benefit, Adoptive Benefit or Health and Safety Benefit at a higher rate of payment, they may continue to receive the Widow/er's or OPFP and be paid a “top-up” by way of the benefit payment.

The top-up payment will be the difference between the maximum rate of benefit the person is entitled to and the reduced rate of widow/er's pension or OPFP they are in receipt of, as the case may be.

The Regulations also provide a saver whereby anyone in receipt of half-rate benefit and a widow/er's pension or OPFP prior to the commencement of these Regulations, will continue to receive such overlapping payments for the duration of their claims.