S.I. No. 491/1997:

SOCIAL WELFARE (TEMPORARY PROVISIONS) REGULATIONS, 1997

SOCIAL WELFARE (TEMPORARY PROVISIONS) REGULATIONS, 1997

The Minister for Social, Community and Family Affairs in exercise of the powers conferred on him by sections 4 and 241 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

1. These Regulations may be cited as the Social Welfare (Temporary Provisions) Regulations, 1997.

2. In these Regulations "the Principal Act" means the Social Welfare (Consolidation) Act, 1993 .

3. (1) Subject to this article, where a person is or becomes entitled to any benefit, pension, assistance, allowance or payment mentioned in this article, any amount payable to that person by way of that benefit, pension, assistance or allowance (including any increase thereof) shall be increased by a sum equal to 70 per cent. of the appropriate weekly amount due to the said person in respect of the week commencing on--

( a ) the 26th day of November, 1997 in the case of unemployment assistance payable in accordance with section 121(1) (a) of the Principal Act, or

( b ) the 3rd day of December, 1997 in the case of disability allowance, or

( c ) the 4th day of December, 1997 in the case of retirement pension, invalidity pension, pre-retirement allowance, one parent family payment (other than one parent family payment payable in respect of a widow or a widower), a relevant payment under section 18 (1) of the Social Welfare Act, 1996 (No. 7 of 1996) or carer's allowance, or

( d ) the 5th day of December, 1997 in the case of disablement pension, death benefit under sections 60, 61 or 62 of the Principal Act, old age (contributory) pension, widow's and widower's (contributory) pension, orphan's (contributory) allowance, old age (non-contributory) pension, blind 'pension, widow's and widower's (non-contributory) pension, orphan's (non-contributory) pension or one-parent family payment in respect of a widow or widower:

Provided that a person (other than a person who by virtue of Regulations made under section 209 of the Principal Act is in receipt of more than one benefit, pension, assistance or allowance) shall not be entitled to more than one such increase.

(2) Where on the 4th or the 5th day of December, 1997, as the case may be, a pension is payable to a person by direct credit transfer in accordance with article 108(2) (c) of the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997, the pension shall be deemed to include, for the purposes of sub-article (1) of this article, the appropriate weekly amount due to that person in respect of the week commencing on the 4th day of December, 1997 in the case of retirement pension and invalidity pension and on the 5th day of December, 1997 in the case of old age (contributory) pension, widow's and widower's (contributory) pension and orphan's (contributory) allowance.

(3) Where the amount of the increase calculated pursuant to sub-article (1) of this article is less than £20, the said increase shall be payable at the amount of £20.

4. Where, by virtue of the provisions of these Regulations, the amount of benefit, pension, assistance, allowance or payment (including any increase thereof) is increased, the amount so payable shall be rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and shall be rounded to the nearest 10p where it is not a multiple of 5p or 10p.

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 18th day of November, 1997.

DERMOT AHERN

Minister for Social, Community and Family Affairs.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 20th day of November, 1997.

CHARLIE McCREEVY

Minister for Finance.

EXPLANATORY NOTE

These Regulations provide for the payment of a Christmas Bonus to long-term social welfare recipients, equivalent to 70^ of their normal weekly payments, subject to a minimum payment of £20.

The bonus payment applies to recipients of--

- disablement pension,

- death benefit by way of pension,

- old age (contributory and non-contributory) pensions,

- retirement pension,

- invalidity pension,

- widow's and widower's non-contributory pension,

- widow's and widower's contributory pension,

- orphan's (contributory and non-contributory) pensions,

- pre-retirement allowance,

- blind pension,

- carer's allowance,

- one parent family payment,

- relevant payment's under section 18 (1) of the Social Welfare Act, 1996 (formerly deserted wife's benefit and allowance and prisoner's wife's allowance)

- unemployment assistance at the long-term rate,

- disability allowance.