S.I. No. 280/1990:

SOCIAL WELFARE (NORMAL RESIDENCE) (AMENDMENT) REGULATIONS, 1990.

SOCIAL WELFARE (NORMAL RESIDENCE) (AMENDMENT) REGULATIONS, 1990.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 2 (6) and 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Normal Residence) (Amendment) Regulations, 1990.

(2) These Regulations and the Regulations of 1986 shall be construed together as one and may be cited together as the Social Welfare (Normal Residence) Regulations, 1986 to 1990.

2. In these Regulations "the Regulations of 1986" means the Social Welfare (Normal Residence) Regulations, 1986 ( S.I. No. 367 of 1986 ).

3. These Regulations shall come into operation--

( a ) on the 30th day of November, 1990 in the case of widow's (non-contributory) pension, widower's (non-contributory) pension and lone parent's allowance payable in respect of a widow or a widower, and

( b ) on the 29th day of November, 1990 in any other case.

4. Article 3 of the Regulations of 1986 is hereby amended by the substitution for the definition of "benefit", "pension", "assistance" or "allowance" of the following definition:--

"'benefit', 'pension', 'assistance' or 'allowance' means any such payments under Parts II or III of the Social Welfare (Consolidation) Act, 1981 (other than orphan's (contributory) allowance, death benefit by way of orphan's pension, orphan's (non-contributory) pension, lone parent's allowance or supplementary welfare allowance).".

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

this 26th day of November, 1990.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE

Increases of social welfare payments in respect of child dependants are paid to the person with whom the child is regarded as normally residing. The Social Welfare (Normal Residence) Regulations, 1986 set out the rules for determining normal residence in relation to weekly social welfare payments generally.

The rules to be applied in the case of the new lone parent's allowance are set out in the Social Welfare (Lone Parent's Allowance) Regulations, 1990. These Regulations provide, accordingly, that the rules set out in the 1986 Normal Residence Regulations will apply to weekly social welfare payments, other than the lone parent's allowance.