S.I. No. 220/1970:

SOCIAL WELFARE (ABSENCE FROM THE STATE) (AMENDMENT) REGULATIONS, 1970.

SOCIAL WELFARE (ABSENCE FROM THE STATE) (AMENDMENT) REGULATIONS, 1970.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 13 of the Social Welfare Act, 1952 (No. 11 of 1952) and section 31 of the said Act (as amended by section 12 of the Social Welfare Act, 1970 (No. 12 of 1970)), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Absence from the State) (Amendment) Regulations, 1970.

(2) These Regulations and the Social Welfare (Absence from the State) Regulations, 1967 ( S.I. No. 97 of 1967 and S.I. No. 229 of 1967 ) may be cited together as the Social Welfare (Absence from the State) Regulations, 1967 to 1970.

2. In these Regulations--

"the Principal Regulations" means the Social Welfare (Absence from the State) Regulations, 1967 ( S.I. No. 97 of 1967 ).

3. Sub-article (1) of article 4 of the Principal Regulations is hereby amended

( a ) by the insertion in paragraph (d) thereof after "(No. 26 of 1963))" of the words, ", death grant"; and

( b ) by the insertion immediately after paragraph (e) thereof of the following paragraphs:--

" (f) for receiving retirement pension (including any increase thereof) by reason only of the person being absent from the State provided that during the period of his absence from the State the person does not engage in gainful employment of any nature and he submits such evidence to that effect as the Minister may require;

( g ) for receiving invalidity pension (including any increase thereof) by reason only of the person being absent from the State during such period as the Minister may allow, having regard to the circumstances of the case, provided that the person furnishes such medical evidence of incapacity for work as the Minister may from time to time require.".

4. Paragraph (a) of sub-article (2) of article 4 of the Principal Regulations is hereby deleted and the following substituted therefor:--

"(a) where a person is not disqualified for receiving disability, injury or unemployment benefit or invalidity, retirement, disablement or old age (contributory) pension although absent from the State, any increase, where payable, of that benefit or pension in respect of the person's husband or wife shall be payable while such husband or wife is absent from the State;".

5. Paragraph (b) of sub-article (2) of article 4 of the Principal Regulations is hereby amended by the deletion of sub-paragraph (i) thereof and the substitution of the following:--

"(i) an increase, where payable, of invalidity, retirement or old age (contributory) pension in respect of the person's husband or wife may be paid while such husband or wife is absent from the State,".

6. Paragraph (a) of article 5 of the Principal Regulations is hereby deleted and the following substituted therefor:--

"(a) the definition of "qualified child" in subsection (1) of section 2 of the Act (as amended by the Social Welfare Act, 1970 (No. 12 of 1970)) shall, for the purpose of an increase of invalidity pension, retirement pension, widow's (contributory) pension or old age (contributory) pension under section 27 of the Act, be modified by the deletion of "(b) is ordinarily resident in the State,".

GIVEN under the Official Seal of the Minister for Social Welfare this

29th day of September, 1970.

JOSEPH BRENNAN,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations amend the Social Welfare (Absence from the State) Regulations, 1967, which allow payment of benefit to persons abroad in certain circumstances.

These Regulations provide for the payment abroad of death grants where the beneficiary is abroad and also for the payment abroad of retirement pensions and invalidity pensions, including increases thereof, where the beneficiary is abroad subject to the requirements that for receipt of retirement pension the beneficiary while abroad must refrain from engaging in gainful employment of any nature and for receipt of invalidity pension the beneficiary while abroad must furnish such medical evidence of his incapacity for work as may be required from time to time. Payment of increases of these pensions in respect of adult or child dependants is not debarred by reason of the dependant being abroad.