S.I. No. 202/1974:

SOCIAL WELFARE (DESERTED WIFE'S BENEFIT) (TRANSITIONAL) REGULATIONS, 1974.

SOCIAL WELFARE (DESERTED WIFE'S BENEFIT) (TRANSITIONAL) REGULATIONS, 1974.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 66 and 69 of the Social Welfare Act, 1952 (No. 11 of 1952), hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Deserted Wife's Benefit) (Transitional) Regulations, 1974.

2. These Regulations shall come into operation on the 1st day of July, 1974.

3. In these Regulations--

"the Act of 1935"means the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935);

"the Act of 1952"means the Social Welfare Act, 1952 ;

"the Act of 1973"means the Social Welfare Act, 1973 (No. 10 of 1973);

"the Minister"means the Minister for Social Welfare;

"deserted wife's benefit"means deserted wife's benefit payable by virtue of section 25E (inserted by section 17 of the Act of 1973) of the Act of 1952;

"existing contributor" means any person who at any time was, or was deemed to be or treated as, an insured person under the Act of 1935.

4. The provisions of the Act of 1952 and the orders and regulations for the time being in force thereunder shall have full force and effect in relation to existing contributors subject to the modifications contained in these Regulations.

5. In determining whether the contribution condition for deserted wife's benefit contained in sub-paragraph (a) of paragraph 10 of the Fourth Schedule to the Act of 1952 has been satisfied in respect of an existing contributor--

(i) entry into insurance under the Act of 1935 shall be treated as entry into insurance under the Act of 1952, and

(ii) every two contributions paid by or in respect of such contributor under the Act of 1935 shall be treated as three employment contributions paid under the Act of 1952 and any odd contributions paid under the Act of 1935 shall be treated as two employment contributions paid under the Act of 1952.

6. For the purposes of sub-paragraph (b) of paragraph 10 of the Fourth Schedule to the Act of 1952 the following provisions shall have effect in relation to an existing contributor--

( a ) entry into insurance under the Act of 1935 may be treated as entry into insurance under the Act of 1952;

( b ) in determining whether the contribution condition for deserted wife's benefit contained in the said sub-paragraph has been satisfied every two contributions paid or excused or deemed to have been or treated as paid by or in respect of such contributor under the Act of 1935 since the date of such contributor's entry into insurance under the said Act, shall be treated as three contributions paid or credited under the Act of 1952 and any odd contribution under the Act of 1935 shall be treated as two contributions paid or credited under the Act of 1952;

( c ) any period which is a period of insurance for the purpose of the Act of 1935 commencing with the date of such contributor's entry into insurance under the said Act shall be treated as a period of insurance under the Act of 1952 and contribution years in any such period shall be treated as contribution years under the Act of 1952 but in relation to a male existing contributor the period from the 2nd day of July, 1951 to the 4th day of January, 1953, shall be treated as one contribution year;

( d ) where the date of entry into insurance under the Act of 1935 of a male existing contributor occurred subsequent to the 4th day of July, 1949, a contribution under the said Act shall for the said purpose and for the purposes of paragraph (b) of this article be deemed to have been paid by him for each week from the week preceding that of his entry to the commencement of the contribution year in which his said entry occurred, where such contribution year is the first of the three contribution years over which the average is to be taken, and the date of his said entry shall be regarded as the date of commencement of the said contribution year;

( e ) where the date of entry into insurance under the Act of 1935 of a male existing contributor occurred subsequent to the 7th day of July, 1947, a contribution under the said Act shall for the said purposes and for the purposes of paragraph (b) of this article be deemed to have been paid by him for each week from the week preceding that of his said entry to the commencement of the contribution year in which his said entry occurred, where such contribution year is the first of the five contribution years over which the average is to be taken, and the date of his said entry shall be regarded as the date of commencement of the said contribution year.

7. Where by virtue of the foregoing provisions of this Regulation, in the case of an existing contributor the average per contribution year of contributions paid in respect of or credited to him calculated in accordance with the provisions of paragraph 10 (b) (ii) (inserted by the Social Welfare (No. 2) Act, 1974 (No. 14 of 1974)) of the Fourth Schedule to the Act of 1952 is less than forty-eight the said average so arrived at shall be used to determine whether or not deserted wife's benefit at a reduced rate is payable in accordance with regulations made under section 28C of the Act of 1952 (inserted by the Act of 1973).

8. Contributions under the Act of 1935 which are paid on or after the 5th day of January, 1953, shall not be taken into account for the purposes of these Regulations unless they could have been taken into account under the Act of 1935 and then only subject to the same conditions as they would, but for the Act of 1952, have been taken into account for the purposes of a widow's (contributory) pension under the Act of 1935.

GIVEN under the Official Seal of the Minister for Social Welfare this 28th day

of June, 1974.

BRENDAN CORISH,

Minister for Social Welfare.

The Minister for Finance hereby sanctions the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 28th day

of June, 1974.

RICHIE RYAN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations enable contributions paid or excused or deemed to have been or treated as paid by or in respect of a contributor, under the Widows' and Orphans' Pensions Acts, to be taken into account for the purpose of satisfying the contribution conditions for deserted wife's benefit contained in sub-paragraphs (a) and (b) of Paragraph 10 of the Fourth Schedule to the Social Welfare Act, 1952 , as amended by the Social Welfare (No. 2) Act, 1974 . The effect of the Regulations is that every two contributions paid or credited under the Widows' and Orphans' Pensions Acts will count as three contributions paid or credited for the purposes of satisfying the contribution conditions for deserted wife's benefit.