S.I. No. 182/1977:

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) (NO. 2) REGULATIONS, 1977.

SOCIAL WELFARE (OVERLAPPING BENEFITS) (AMENDMENT) (NO. 2) REGULATIONS, 1977.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952), sections 32 and 75 of that Act as adapted by article 19 of the Social Welfare (Supplementary Welfare Allowances) Regulations, 1977 ( S.I. No. 168 of 1977 ), section 22 of the Social Welfare Act, 1970 (No. 12 of 1970), section 8 of the Social Welfare Act, 1973 (No. 10 of 1973), sections 8 and 9 of the Social Welfare (No. 2) Act, 1974 (No. 14 of 1974) and section 21 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975 (No. 28 of 1975), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1977.

(2) These Regulations shall be included in the collective citation of the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1977.

2. These Regulations shall come into operation on the 1st day of July, 1977.

3. In these Regulations--

"the Principal Regulations" means the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 );

"the Regulations of 1971" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1971 ( S.I. No. 87 of 1971 );

"the Regulations of 1973" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1973 ( S.I. No. 237 of 1973 );

"the Regulations of 1974" means the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1974 ( S.I. No. 224 of 1974 ).

4. Article 12 of the Principal Regulations (inserted therein by the Regulations of 1971 and amended by the Regulations of 1973 and the Regulations of 1974) is hereby deleted and the following substituted therefor:--

"12. (1) Where

( a ) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to a benefit, pension, allowance or supplement to which this article applies, is not at that time receiving payments on account thereof, and

( b ) such supplementary welfare allowance is in excess of the amount which would have been granted to such person if such person had been receiving payment on account of the said benefit, pension, allowance or supplement, and

( c ) any sum (in this article referred to as the arrears) accruing in respect of any part of the said period on account of the said benefit, pension, allowance or supplement becomes payable to such person, and

( d ) such health board has, before the arrears are paid to such person, certified to the Minister the amount so paid in excess in respect of the said period by such health board,

the Minister may pay to the health board out of the arrears an amount not exceeding the amount of such excess.

(2) This article applies to--

( a ) unemployment benefit or an increase thereof in respect of an adult dependant or a qualified child,

( b ) disability benefit or an increase thereof in respect of an adult dependant or a qualified child,

( c ) injury benefit or an increase thereof in respect of an adult dependant or a qualified child,

( d ) pay-related benefit,

( e ) disablement benefit, or where such benefit is a disablement pension, an increase thereof in respect of an adult dependant, a qualified child or by way of unemployability supplement,

( f ) widow's (contributory) pension or an increase thereof in respect of a qualified child,

( g ) orphan's (contributory) allowance,

( h ) old age (contributory) pension (including benefit under section 26 (3) of the Act), or an increase thereof in respect of an adult dependant or a qualified child,

( i ) pension under the Old Age Pensions Acts, 1908 to 1977, or an increase thereof in respect of an adult dependant, a qualified child or under section 77 (5) of the Act,

( j ) invalidity pension or an increase thereof in respect of an adult dependant or a qualified child,

( k ) retirement pension or an increase thereof in respect of an adult dependant or a qualified child,

( l ) death benefit under the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966) by way of widow's pension, widower's pension, parent's pension or orphan's pension or an increase under section 19 of that Act in respect of a child qualified for the purposes of that Act,

( m ) deserted wife's allowance or an increase thereof in respect of a qualified child,

( n ) deserted wife's benefit or an increase thereof in respect of a qualified child,

( o ) unmarried mother's allowance or an increase thereof in respect of a qualified child,

( p ) single woman's allowance,

( q ) prisoner's wife's allowance or an increase thereof in respect of a qualified child.".

GIVEN under the Official Seal of the Minister for Social Welfare

this 24th day of June, 1977.

BRENDAN CORISH,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare (Supplementary Welfare Allowances) Act, 1975 provides for the replacement of home assistance by a new supplementary welfare allowance scheme to be administered by health boards.

The Social Welfare (Overlapping Benefits) Regulations, 1953 to 1977, enabled recoupment to be made to public assistance authorities of home assistance paid while a decision on a claim to specified social welfare payments was awaited.

Under Article 19 of the Social Welfare (Supplementary Welfare Allowances) Regulations, 1977, the overlapping benefits regulations referred to above have been adapted and all references to "public assistance authority" and "home assistance" now read "health board" and "supplementary welfare allowance" respectively. This has the effect of permitting recoupment to health boards, from arrears of specified social welfare payments due to claimants, of interim payments of supplementary welfare allowance made to these claimants.

The purpose of the Regulations now being made is to extend the categories of social welfare payments from which recoupment can be effected in order to include disability benefit, injury benefit, pay-related benefit, disablement benefit, pension under the Old Age Pensions Acts (1908 to 1977) and invalidity pension.