S.I. No. 263/1988:

SOCIAL WELFARE (MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1988.

SOCIAL WELFARE (MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1988.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 3 , 79 , 93 and 101 of the Social Welfare (Consolidation) Act, 1981 , (No. 1 of 1981) as amended by the Social Welfare Act, 1988 (No. 7 of 1988) hereby makes the following Regulations:

1. These regulations may be cited as the Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988.

2. In these Regulations:--

"the Act of 1981" means the Social Welfare (Consolidation) Act, 1981 ;

"the Act of 1973" means the Social Welfare Act, 1973 ;

"relevant period" means the period over which the yearly average of contributions is calculated for old age (contributory) pension, widow's (contributory) pension or deserted wife's benefit purposes in accordance with sections 79(1), 93(1) or 101(1) of the Act of 1981.

3. These Regulations shall come into operation on the 13th day of October, 1988 as respects Deserted Wife's Benefit and on the 14th day of October, 1988 as respects Old Age (Contributory) Pension and as respects Widows' and Orphans' (Contributory) Pensions.

4. In the case of a person who became an employed contributor as a consequence of the coming into operation of section 12 of the Act of 1973 having earlier ceased to be an employed contributor and who would be entitled to old age (contributory) pension but for the fact that the relevant contribution condition set out in subsection (1) (c) of section 79 of the Act of 1981, is not satisfied and that person is not entitled to pension under regulations made in exercise of the power conferred by subsection (7) of the said section, the following provisions shall apply:--

(a) where the average number of contributions paid in respect of or credited to the person per contribution year in the relevant period is less than twenty but not less than five, he shall be entitled to old age (contributory) pension;

(b) where the average number of such contributions is a number included in one of the groups of numbers specified in the first column of Schedule A to these Regulations, fractions of whole numbers being disregarded, the old age (contributory) pension shall be payable at the appropriate weekly rate shown opposite to the group of numbers in the second column of the said Schedule.

(c) any increase of pension payable under subsections (1) or (2) of section 81 of the Act of 1981, shall be the same as if the contribution condition set out in subsection (1)(c) of section 79 of the said Act had been fully satisfied.

5. In the case of a person who became an employed contributor as a consequence of the coming into operation of section 12 of the Act of 1973 having earlier ceased to be an employed contributor and where there would be entitlement to widows (contributory) pension by virtue of the person's or the person's spouse's insurance record but for the fact that the relevant contribution condition set out in subsection (1) (b) (ii) of section 93 of the Act of 1981 is not satisfied and there is no entitlement to a pension under regulations made in exercise of the power conferred by subsection (4) of the said section, the following provisions shall apply:--

(a) where the average number of contributions paid in respect of or credited to the person per contribution year in the relevant period is less than twenty four but not less than five there shall be entitlement to widow's (contributory) pension;

(b) where the average number of such contributions is a number included in one of the groups of numbers specified in the first column of Schedule B to these Regulations, fractions of whole numbers being disregarded, the widow's (contributory) pension shall be payable at the appropriate weekly rate shown opposite to that group of numbers in the second column of the said Schedule.

(c) any increase of pension payable under subsection (1) of section 95 of the Act of 1981 shall be the same as if the contribution condition set out in subsection (1) (b) (ii) of section 93 of the said Act had been fully satisfied.

6. In the case of a person who became an employed contributor as a consequence of the coming into operation of section 12 of the Act of 1973 having earlier ceased to be an employed contributor and where there would be entitlement to deserted wife's benefit by virtue of the person's or the person's spouse's insurance record but for the fact that the relevant contribution condition set out in subsection (1) (b) (ii) of section 101 of the Act of 1981 is not satisfied and there is no entitlement to benefit under regulations made in exercise of the power conferred by subsection (4) of the said section, the following provisions shall apply:--

(a) where the average number of contributions paid in respect of or credited to the person per contribution year in the relevant period is less than twenty four but not less than five there shall be entitlement to deserted wife's benefit;

(b) where the average number of such contributions is a number included in one of the groups of numbers specified in the first column of Schedule B to these Regulations, fractions of whole numbers being disregarded, the deserted wife's benefit shall be payable at the appropriate weekly rate shown opposite to that group of numbers in the second column of the said Schedule.

(c) any increase of benefit payable under subsection (1) of section 103 of the Act of 1981 shall be the same as if the contribution condition set out in subsection (1) (b) (ii) of section 101 of the said Act had been fully satisfied.

Schedule A

Schedule B

GIVEN under the Official Seal of the Minister for Social Welfare

this 13th day of October 1988.

MICHAEL WOODS,

Minister for Social Welfare.

The Minister for Finance hereby sanctions the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 13th day of October 1988.

RAY MacSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

The Regulations provide entitlement to old age (contributory) pensions from mid October, 1988 on a pro-rata basis for certain persons who came back into insurance on the abolition of the earnings limit for liability for social insurance contributions in April 1974 but who did not have a sufficient record of contributions to entitle them to pension. The Regulations also provide entitlement to reduced pensions on a similar basis for the widows and deserted wives of such persons.