S.I. No. 247/1990:

SOCIAL WELFARE (CLAIMS AND PAYMENTS) (AMENDMENT) REGULATIONS, 1990.

SOCIAL WELFARE (CLAIMS AND PAYMENTS) (AMENDMENT) REGULATIONS, 1990.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and section 112 (3) (b) of that Act (as amended by section 16 of the Social Welfare Act, 1989 (No. 4 of 1989)), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Claims and Payments) (Amendment) Regulations, 1990.

(2) The Social Welfare (Claims and Payments) Regulations, 1952 to 1979, article 8 of the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1986 ( S.I. No. 81 of 1986 ) and these Regulations shall be construed as one and may be cited together as the Social Welfare (Claims and Payments) Regulations, 1952 to 1990.

2. In these Regulations "the Principal Act" means the Social Welfare (Consolidation) Act, 1981 .

3. These Regulations shall come into operation--

( a ) in so far as they relate to unemployment benefit, on the 22nd day of November, 1990,

( b ) in so far as they relate to disability benefit, injury benefit and disablement pension, on the 26th day of November, 1990,

( c ) in so far as they relate to invalidity pension and retirement pension, on the 29th day of November, 1990, and

( d ) in so far as they relate to old age (contributory) pension, on the 30th day of November, 1990.

4. The Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ) are hereby amended by the insertion after article 16A (as substituted by article 2 of the Social Welfare (Claims and Payments) (Amendment) Regulations, 1972 ( S.I. No. 277 of 1972 )) of the following article:--

"16B. (1) Notwithstanding the provisions of article 16A of these Regulations, in the case of a claimant or beneficiary who is living together with a person in respect of whom he is entitled to or in receipt of an increase of benefit or pension for an adult dependent, the Minister may, where it appears to him that the circumstances so warrant, appoint the adult dependant to receive and deal with, on behalf of the claimant or beneficiary--

( a ) in respect of disability benefit, so much of the benefit as is payable by virtue of section 21 (2) of the Principal Act, together with one half of the benefit as is payable by virtue of sections 20 and 21 (1) of that Act,

( b ) in respect of unemployment benefit, so much of the benefit as is payable by virtue of section 32 (2) of the Principal Act, together with one half of the benefit as is payable by virtue of sections 31 and 32 (1) of that Act.

( c ) in respect of injury benefit, so much of the benefit as is payable by virtue of section 44 (2) of the Principal Act, together with one half of the benefit as is payable by virtue of sections 42 (4) and 44 (1) of that Act,

( d ) in respect of disablement pension, so much of the pension as is payable in respect of a dependent child or dependent children by virtue of section 44 (3) of the Principal Act, together with one half of the aggregate sum of--

(i) the increase of pension as is payable in respect of an adult dependant by virtue of section 44 (3) of the Principal Act, and

(ii) the increase of pension as is payable on account of unemployability by virtue of section 45 (1) of that Act,

( e ) in respect of old age (contributory) pension, so much of the pension as is payable by virtue of section 81 (2) of the Principal Act, together with one half of the pension as is payable by virtue of sections 80 and 81 (1) of that Act,

( f ) in respect of retirement pension, so much of the pension as is payable by virtue of section 86 (2) of the Principal Act, together with one half of the pension as is payable by virtue of sections 85 and 86 (1) of that Act,

( g ) in respect of invalidity pension, so much of the pension as is payable by virtue of section 91 (2) of the Principal Act, together with one half of the pension as is payable by virtue of sections 90 and 91 (1) of that Act.

(2) The Minister may at any time revoke an appointment made under this article and a person appointed may resign on giving to the Minister one month's notice of his intention to do so.

(3) The receipt of a person appointed under sub-article (1) of this article shall be a good discharge to the Minister and to the Social Insurance Fund for any sums paid to such person on behalf of the claimant or beneficiary.".

GIVEN under the Official Seal of the Minister for Social Welfare

this 10th day of October, 1990.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

Under existing arrangements, increases in respect of adult and child dependants can be paid directly to the spouse of a claimant where it appears to the Minister that the circumstances so warrant (these payments are referred to as "separate payments"). These Regulations, which apply to social insurance payments, enable a greater proportion of the overall payment to be made to the dependent spouse in cases where the husband and wife are living together.

Under these Regulations, which comes into effect from the end of November, 1990, the spouse will receive half of the combined sum of the personal rate of payment and the adult dependant allowance together with the full child dependant allowance in these circumstances.