S.I. No. 17/1953:

SOCIAL WELFARE (ABSENCE FROM THE STATE) REGULATIONS, 1953.

SOCIAL WELFARE (ABSENCE FROM THE STATE) REGULATIONS, 1953.

The Minister for Social Welfare, in exercise of the powers conferred on him by the Social Welfare Act, 1952 (No. 11 of 1952) and in particular by sections 3, 31 and subsection (2) of section 47 of the said Act, hereby makes the following Regulations :--

1. These Regulations may be cited as the Social Welfare (Absence from the State) Regulations, 1953.

2. These Regulations shall come into operation on the 5th day of January, 1953.

3. (1) In these Regulations--

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

" the Minister " means the Minister for Social Welfare, and

" an approved person " means a person approved by the Minister.

(2) References in these Regulations to any other regulations shall include a reference to such other regulations as amended or extended by any subsequent regulations.

4. (1) Notwithstanding subsection (1) of section 31 of the act, a person who is absent from the State shall not be disqualified--

(a) for receiving disability benefit (including any increase thereof) or maternity allowance--

(i) during the period of twenty-six weeks from the end of the contribution week in which such absence commences, if during the absence the person is in Northern Ireland, Great Britain or the Isle of Man. or

(ii) during such period as the Minister may, having regard to the circumstances of the case, allow, if the absence is temporary and during the absence the person is in Northern Ireland, Great Britain or the Isle of Man, or

(iii) during such period as the Minister may, having regard to the circumstances of the case, allow, if the absence is temporary and during the absence the person is elsewhere than in Northern Ireland, Great Britain or the Isle of Man for the specific purpose of receiving treatment for incapacity for work which arose before the person left the State, but in any such case payment of the benefit shall be suspended until the person returns to the State unless the person nominates an approved person resident in the State to receive payment of the benefit on his behalf;

(b) for receiving unemployment benefit (including any increase thereof) if--

(i) during the absence, the person is in Northern Ireland, and

(ii) having served for a period of twenty-six weeks in the Defence Forces as a person to whom article 6 of the Social Welfare (Modifications of Insurance) Regulations, 1953 ( S.I. No. 10 of 1953 ) applies, he was at any time before such service, ordinarily resident in Northern Ireland, and

(iii) he would but for his absence from the State be entitled to unemployment benefit, and

(iv) he has not exhausted his right to unemployment benefit, or

(v) having exhausted his right to unemployment benefit, he has requalified therefor by the payment in respect of him of thirteen employment contributions as a person to whom the said article 6 applies;

(c) for receiving a widow's (contributory) pension (including any increase thereof) or an orphan's (contributory) allowance--

(i) for any period if, during the absence, the person is in Northern Ireland, Great Britain or the Isle of Man, or

(ii) for the last six months of any period of absence not exceeding twelve months (in the reckoning of which any period of temporary return to the State shall be treated as a period of absence) if during such period the person is elsewhere than in Northern Ireland, Great Britain or the Isle of Man, but in any such case payment of the benefit shall be suspended until the person returns to the State.

(2) Where a husband or wife is not disqualified for receiving disability or unemployment benefit although absent from the State, he or she shall not be disqualified for receiving any increase, where payable, of that benefit in respect of his or her spouse by reason only of the spouse being absent from the State.

(3) Notwithstanding subsection (2) of section 31 of the Act an increase of benefit under section 26 of the act in respect of a husband or wife shall be payable for any period during which such husband or wife is absent from the State if such absence does not exceed three months or such longer period not exceeding twelve months as the Minister may, having regard to the circumstances of the case, allow.

(4) Notwithstanding that a widow, by reason of absence from the State, is disqualified by virtue of subsection (1) of section 31 of the Act for receiving a widow's (contributory) pension which includes an increase, the increase shall be payable during such absence to an approved person resident in the State who is nominated by such widow to receive and deal with any sums payable on account of that increase for the benefit of any child in respect of whom the increase is payable.

5. (1) The payment of benefit, other than marriage or maternity grant, to or in respect of any person which is payable otherwise than in respect of a period of absence from the State may be suspended while the beneficiary is absent from the State, but such payment shall not be so suspended where the beneficiary has nominated an approved person resident in the State to receive payment of the benefit on his behalf.

(2) Where by virtue of the foregoing provisions of these Regulations payment of a widow's (contributory) pension or an orphan's (contributory) allowance is suspended for any period, the period of suspension shall not be taken into account in calculating any period under article 12 of the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ) (which relates to the extinguishment of the right to any sum payable by way of pension which is not obtained within the prescribed time).

GIVEN under the Official Seal of the Minister for Social Welfare this 5th day of January, One Thousand Nine Hundred and Fifty-three.

SÉAMAS Ó RIAIN,

Minister for Social Welfare.