The Minister for Social Welfare, in exercise of the powers conferred on him by sections 2 (as amended by section 13 of the Social Welfare Act, 1994 (No. 4 of 1994), 3,4 (as amended by section 13 of the Social Welfare Act, 1994 ), 31, 32 (as amended by section 7 of the Social Welfare (No. 2) Act, 1993 (No. 32 of 1993)), 35, 36, 37, 39 (as amended by section 17 of the Social Welfare Act, 1994 ), 40, 42 (as amended by section 19 of the Social Welfare Act, 1994 ), 43 (as amended by section 8 of the Social Welfare (No. 2) Act, 1993 ), 46, 47, 84, 88, 89,95,96, 102 (as amended by section 11 of the Social Welfare Act, 1994 ), 110, 111, 120, 121, 125, 126, 129, 153, 155, 162, 164, 169, 188, 192, 193, 199, 200, 202, 205, 206, 207, 209, 210 (as amended by sections 13 and 26 of the Social Welfare Act, 1994 ), 212, 213, 221, 245 and 303 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rule 1 of Part I (as amended by section 18 of the Social Welfare Act, 1994 ) and Rules 1 (as amended by section 15 of the Social Welfare Act, 1994 ), 2 and 4 (as amended by section 16 of the Social Welfare Act, 1994 ) of Part II of the Third Schedule to the Social Welfare (Consolidation) Act, 1993 and after consultation with An Post, hereby makes the following Regulations:--

PART 1 PRELIMINARY

Citation.

1. These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994.

Commencement.

2. These Regulations shall come into operation on the 2nd day of January, 1995.

Definitions.

3. In these Regulations, save where the context otherwise requires--

"academic year" means a period in which a course of instruction or part of a cycle of education takes place in a calendar year or a period in which a course of instruction or part of a cycle of education commences in one calendar year and finishes in the next following calendar year;

"court" means a court to which either the Courts of Justice Acts, 1924 to 1961, or the Courts (Supplemental Provisions) Acts, 1961 to 1991 applies;

"Department" means the Department of Social Welfare;

"governing contribution year" means the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed;

"institution of education" means--

( a ) a school,

( b ) a college,

( c ) a university,

( d ) any institution providing a course of instruction approved by the Minister for Education or the National Council for Educational Awards or C.E.R.T. Limited, or

( e ) any other institution approved by the Minister;

"local office" means an office of the Department or other place appointed by the Minister as a local office for the purposes of the Principal Act;

"maternity leave" has the meaning assigned to it by section 37(3);

"the National Health Insurance Acts" means the National Health Insurance Acts, 1911 to 1952;

"prison" or "place of detention" means a place to which either the Prisons Acts, 1826 to 1977, or the Criminal Justice Act, 1960 (No. 27 of 1960) applies or, in relation to another State, any analogous place in which a person is detained by order of a responsible authority in that State;

"reckonable earnings" has the meaning assigned by article 4 of the Social Welfare (Collection of Employment Contributions by the Collector-General) Regulations, 1989 ( S.I. No. 298 of 1989 ) and in article 4 of the Social Welfare (Collection of Employment Contributions for Special Contributors) Regulations, 1989 ( S.I. No. 302 of 1989 ), as may be appropriate in each case;

"responsible authority" means any court, Commission or Tribunal properly constituted according to the laws of a State in which a person has been committed to a prison or to a place of detention;

"the Principal Act" means the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);

"the Act of 1973" means the Social Welfare Act, 1973 (No. 10 of 1973);

"the Act of 1990" means the Social Welfare Act, 1990 (No. 5 of 1990);

"the Widows' and Orphans' Pensions Acts" means the Widows' and Orphans' Pensions Acts, 1935 to 1952.

Interpretation.

4. In these Regulations, save where the context otherwise requires--

( a ) a reference to a Part, Chapter or section is to a Part, Chapter or section of the Principal Act,

( b ) a reference to a Schedule is to a Schedule to these Regulations,

( c ) a reference to an article is to an article of these Regulations,

( d ) a reference to a sub-article is to a sub-article of the article in which the reference occurs,

( e ) a reference to a paragraph is to a paragraph of the sub-article or article in which the reference occurs.

Revocations.

5. The Regulations specified in column (1) of Schedule N are hereby revoked to the extent specified in column (2) of the said Schedule.

Persons specified to be adult dependants.

6. (1) The following persons are hereby specified, subject to section 170, to be adult dependants for the purposes of the Principal Act--

( a ) a spouse who is in employment or self-employment and whose weekly income calculated or estimated in accordance with sub-article (2) does not exceed £60,

( b ) a spouse who--

(i) is not in employment or self-employment, or

(ii) being in employment or self-employment has a weekly income calculated or estimated in accordance with sub-article (2) which does not exceed £60,

and who has an entitlement to or is in receipt of disablement benefit under section 54, death benefit under section 62, orphan's (contributory) allowance, orphan's (non-contributory) pension and to no other benefit or assistance (other than supplementary welfare allowance) or disabled person's maintenance allowance.

(2) For the purposes of sub-article (1), weekly income shall, subject to sub-articles (3) and (4), be calculated or estimated--

( a ) insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of all such earnings received in the previous 2 months where such earnings are received at monthly intervals or in the previous 6 weeks where such earnings are received at weekly or fortnightly intervals,

( b ) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the last complete income tax year by 52,

( c ) insofar as it consists of income from any other source, by reference to the normal weekly amount of such income.

(3) In calculating or estimating the weekly income under sub-article (2), any sums received by way of disablement benefit under section 54, death benefit under section 62, child benefit, orphan's (contributory) allowance, orphan's (non-contributory) pension under the Principal Act or allowances for domiciliary care of handicapped children under the Health Act, 1970 (No. 1 of 1970 ) shall be disregarded.

(4) A deciding officer or appeals officer who, in any case, considers that the periods mentioned in sub-article (2) would not be appropriate to determine the amount of weekly income, may for the purposes of this article have regard to such other period which appears to him to be appropriate for that purpose.

Normal residence of qualified child.

7. (1) In this article--

"parent" means a parent or step-parent;

"benefit" or "assistance" means any such payments under Parts II or III (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).

(2) The person with whom a qualified child shall be regarded as normally residing shall be determined in accordance with this article.

(3) A qualified child shall, subject to sub-articles (4) to (11), be regarded as normally residing with his parents.

(4) A qualified child who is resident with one parent only, shall be regarded as normally residing with that parent and with no other person provided, where that parent is a member of a household, that the parent so elects.

(5) A qualified child whose parents are separated and who is not resident with either parent shall be regarded as normally residing with the parent who has custody of the child provided that that parent is contributing substantially to the child's maintenance.

(6) Notwithstanding the provisions of sub-article (4), a qualified child resident with one parent who is living apart from the other parent and who is not claiming or in receipt of benefit or assistance shall be regarded as residing with the other parent if that other parent is contributing substantially to the child's maintenance.

(7) If one parent dies, a qualified child shall be regarded as normally residing with the other parent provided that that parent is maintaining the child.

(8) Where the normal residence of a qualified child falls to be determined under sub-article (6) or (7), and the person with whom the child would thus be regarded as normally residing has abandoned or deserted the child or failed to contribute substantially to the child's maintenance, sub-article (6) or (7) shall cease to apply in respect of that child and the person with whom the child shall be regarded as normally residing shall be determined in accordance with sub-article (9).

(9) A qualified child, whose normal residence does not fall to be determined under the foregoing sub-articles, shall be regarded as normally residing with the head of the household of which the child is normally a member and with no other person.

(10) A qualified child who is a refugee within the State from another country shall be regarded as normally residing with the head of the household of which the child is for the time being a member and with no other person.

(11) Where a qualified child is resident in an institution, the child shall be regarded as normally residing only with the person (if any) who contributes towards the cost of the child's maintenance in the institution, and with whom the child would, under this article, be regarded as normally residing, if the child were not resident in an institution.

Persons regarded as receiving full-time education.

8. (1) Subject to this article, for the purposes of section 2(3), a person shall be regarded as receiving full-time education while attending on a full-time basis a course of full-time instruction by day at an institution of education.

(2) For the purposes of sub-article (1), a course of full-time instruction at an institution of education shall not be regarded as including a course of training or instruction--

( a ) provided or approved by An Foras Áiseanna Saothair and in respect of which an allowance is payable, but excluding a course known as YOUTHREACH,

( b ) which forms part of an employment or work experience programme,

( c ) which arises from employment,

( d ) which comprises, in an academic year, a period of work experience in respect of which remuneration is paid, where such period exceeds the time spent receiving instruction or tuition at an institution of education, or

( e ) a course of training or instruction provided or approved by Teagasc, where, in an academic year such training or instruction comprises a period of work experience which exceeds the time spent receiving instruction or tuition at an institution of education.

(3) For the purposes of sub-article (1), a person shall be regarded as continuing to receive full-time education--

( a ) for periods during an academic year when that person is not attending an institution of education arising from the temporary interruption to the provision of a course of full-time instruction or part of a cycle of education by an institution of education, and

( b ) for the period immediately following the completion by that person of part of a cycle of education, where such part finishes between the 1st day of May and the 30th day of June in an academic year, up to and including the 3rd Sunday of the next following October or an earlier date if the beneficiary so elects.

(4) Sub-article (3)(b) shall not apply to a person who completes the final part of a cycle of education, other than the final part of a cycle approved by the Minister for Education for the Leaving Certificate Examination of the Department of Education, and terminates his attendance at an institution of education.

(5) In this article "beneficiary" means a person in receipt of or entitled to an increase in any benefit or assistance in respect of a qualified child who is of or over the age of 18 years and under the age of 21 years.

Expenses.

9. The Minister shall pay such reasonable and necessary travelling and other expenses, as he may determine, which are incurred by a person who is required to attend for medical or other examination under--

( a ) article 15(2),

( b ) article 24(1), or

( c ) the Rules of Behaviour set out in Schedule F.

Conversion of contributions paid under National Health Insurance Acts.

10. In taking contributions paid by or in respect of an employed contributor under the National Health Insurance Acts into account under article 37(2) or article 45(2), every 2 such contributions under those Acts shall be reckoned as 3 contributions paid, with any odd contribution being reckoned as 2 contributions paid.

PART II SOCIAL INSURANCE PAYMENTS

CHAPTER 1 Disability Benefit

Persons deemed to be incapable of work.

11. (1) For the purposes of Chapter 7 of Part II, and for no other purpose, a person who is not incapable of work shall, if it is so decided under the provisions of the Principal Act, be deemed to be incapable of work by reason of some specific disease or bodily or mental disablement for any day when--

( a ) he is under medical care in respect of such a disease or disablement and it is certified by a registered medical practitioner that by reason of such disease or disablement he should abstain from work and he does not work, or

( b ) he is a probable source of infection with a disease specified in regulations under the Health Act, 1947 (No. 28 of 1947), to be an infectious disease and he abstains from work in pursuance of a written order or written advice of a registered medical practitioner.

(2) A person who at the commencement of any day is, or thereafter on that day becomes, incapable of work by reason of some specific disease or bodily or mental disablement and does not work on that day shall be deemed to be so incapable throughout that day.

Days not to be treated as days of incapacity for work.

12. For the purposes of Chapter 7 of Part II, a day shall not be treated as a day of incapacity for work if it is a day in respect of which a person--

( a ) fails to prove to the satisfaction of the Minister that he is incapable of work, or

( b ) does any work other than work of the nature specified in Rule 5 of the Rules of Behaviour specified in Schedule A.

Night workers.

13. (1) Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of Chapter 7 of Part II, as being, by virtue of such employment, employed--

( a ) where the first day is a Monday, Tuesday, Wednesday, Thursday or Friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday, he shall be regarded as being employed only on the first day, or

( b ) in any other case, he shall be regarded as being employed only on the second day.

(2) Where by virtue of the provisions of sub-article (1), a person--

( a ) is to be treated as having been employed on 1 day only of 2 days, and

( b ) throughout that part of the other of those 2 days during which that person is incapable of work, that person shall, for the purposes of Chapter 7 of Part II, be deemed to be so incapable of work throughout that other of those 2 days.

(3) Where by virtue of the provisions of sub-article (1), a person--

( a ) is to be treated as having been employed on the second day only of 2 days, and

( b ) throughout the day immediately preceding the first of those 2 days is incapable of work,

that person shall, for the purposes of Chapter 7 of Part II, be deemed to be so incapable of work throughout the first of those 2 days.

Special provision relating to delay or failure in claiming.

14. Notwithstanding anything contained in article 12, a person who, in respect of any period of interruption of employment, would have been entitled to disability benefit for any day but for any delay or failure on his part to make or prosecute a claim, shall for the purposes of section 35 be treated as having been entitled to disability benefit for that day, but a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to disability benefit for that day, to avoid the necessity of requalifying for benefit under the said section.

Disqualifications.

15. (1) A person shall be disqualified for receiving disability benefit for such period not exceeding 9 weeks as may be determined under the provisions of the Principal Act if he--

( a ) has become incapable of work through his own misconduct,

( b ) fails without good cause to attend for, or to submit himself to, medical or other examination in accordance with sub-article (2), or

( c ) fails without good cause to observe the Rules of Behaviour specified in Schedule A.

(2) ( a ) An officer of the Minister may, on giving not less than 3 days notice in writing, require any person who claims or is entitled to disability benefit to submit himself to medical or other examination at such time and place as may be specified in the notice.

( b ) Notice of the time and place of the examination referred to in paragraph (a) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself to such examination.

(3) A person may, with the prior written permission of an officer of the Minister, be exempted from the operation of Rule 5 of the Rules of Behaviour specified in Schedule A for a specified period in which--

( a ) having become incapable of following his normal occupation, he is undergoing a course of training with a view to taking up some other occupation, or

( b ) he is engaged in part-time work in the nature of rehabilitation or occupational therapy.

Reckoning of periods of interruption of employment.

16. For the purpose of reckoning periods of interruption of employment, and for that purpose only, any day in respect of which a woman is entitled to and is in receipt of maternity benefit shall be treated as a day of incapacity for work.

Qualifying conditions -- disability benefit.

17. (1) For the purposes of section 32(1)(c)--

( a ) the prescribed period shall be the governing contribution year,

( b ) subject to sub-article (2), the prescribed reckonable weekly earnings or, in the case of a person who qualifies for disability benefit by virtue of having paid optional contributions, reckonable weekly income, shall be calculated as the total reckonable earnings or total reckonable income, as the case may be, in the prescribed period divided by the number of qualifying contributions in the said period, and

( c ) the prescribed amount shall be £69.99.

(2) In the case of a claimant whose reckonable weekly earnings or reckonable weekly income, as the case may be, if any, are less than £25, as calculated in accordance with sub-article (1)(b), he shall be deemed to have reckonable weekly earnings or reckonable weekly income of £25.

(3) In the case of a claimant whose claim, by virtue of his having been entitled to or in receipt of disability benefit or unemployment benefit in respect of any day in the 13 week period preceding the 4th day of January, 1993, forms part of a period of interruption of employment which commenced prior to that date, the provisions of this article shall not have the effect of reducing the rate of disability benefit payable below that to which he was previously entitled.

Partial satisfaction of conditions for disability benefit.

18. Where a claimant would be entitled to disability benefit but for the fact that the amount of his reckonable weekly earnings or, in the case of a person who qualifies for disability benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed £69.99, the following provisions shall apply:--

( a ) where the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule B, there shall be entitlement to disability benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

( b ) any increase of disability benefit in respect of an adult dependant, payable under section 34(1), shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedule, and

( c ) any increase of disability benefit in respect of a qualified child, payable under section 34(2), shall be the same as if the condition as respects the reckonable weekly earnings or reckonable weekly income had been fully satisfied.

Contribution conditions -- disability benefit.

19. Where a claimant would be entitled to disability benefit but for the fact that he does not satisfy the requirement contained in section 32(1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the governing contribution year, he shall be entitled to benefit if he--

( a ) has qualifying contributions in respect of at least 13 contribution weeks in either of the 2 contribution years preceding the governing contribution year or in a subsequent contribution year,

( b ) was immediately before claiming disability benefit in receipt of unemployment assistance and was a person to whom section 121(1)(a) applied, or

( c ) was immediately before claiming disability benefit in receipt of--

(i) pre-retirement allowance, or

(ii) invalidity pension.

CHAPTER 2 Maternity Benefit

Expected week of confinement and duration of maternity benefit in certain cases.

20. (1) The expected week of confinement to be specified in any certificate pursuant to section 37(1)(a) shall not be more than 16 weeks after the week in which the certificate is given.

(2) Where in respect of a claim to maternity benefit it is certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that a woman has been confined, and no such certificate as is referred to in paragraph (a) of section 37(1) has been given, the said paragraph shall for the purpose of that claim, be modified and shall apply as if the said paragraph required that it had been certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that the woman concerned had been confined.

(3) In the case of a woman to whom sub-article (2) applies, maternity benefit shall, subject to article 25 be payable for such 14 week period as may be determined by a deciding officer.

Volunteer development workers -- qualifying conditions.

21. (1) A volunteer development worker shall be entitled to maternity benefit where she would otherwise qualify therefor but for the fact that the conditions contained in paragraphs (b) and (c) of section 37(1) are not satisfied:

Provided that the condition requiring that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with her entry into insurance and ending immediately before the first day of maternity leave is satisfied.

(2) A person who ceases to be a volunteer development worker shall be entitled to maternity benefit in respect of any claim made in the benefit year in which she returns to the State from a developing country or in the next succeeding benefit year where she would otherwise qualify therefor but for the fact that the conditions contained in paragraphs (b) and (c) of section 37(1) are not satisfied:

Determination of income tax year and prescribed weekly amount for purposes of maternity benefit.

22. (1) The income tax year prescribed for the purposes of section 39 shall be the last complete income tax year before the beginning of the benefit year in which the first day of maternity leave occurs.

(2) The amount prescribed for the purposes of section 39 (1)(b) shall be £74.20.

Calculation of reckonable weekly earnings.

23. For the purposes of section 39(3), the reckonable weekly earnings of a woman for any income tax year shall be calculated as her total reckonable earnings for that income tax year divided by the number of qualifying contributions in the said income tax year, fractions of a pound being disregarded, up to a maximum of £227.

Medical examination to decide question as to correctness of certificate.

24. (1) Where any question arises as to the correctness of a certificate by virtue of which a woman claims or is entitled to maternity benefit, she shall, unless the confinement has already occurred, on receipt of not less than 3 days notice in writing given by an officer of the Minister, submit herself to medical examination at such time and place as may be specified in the notice with a view to obtaining a further certificate.

(2) Notice of the time and place of the medical examination referred to in sub-article (1) shall also be sent to the registered medical practitioner (if any) who is attending to the woman required to submit herself to such examination.

Disqualifications.

25. A woman shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer--

( a ) if, during the period for which the benefit is payable, she engages in any occupation other than domestic duties in her own household:

Provided that such disqualification shall commence not earlier than the first day on which she engages in such occupation and that, in respect of any such occupation in which she engages before the confinement, she shall not be so disqualified for the day on which the confinement occurs or any day thereafter, or

( b ) if she fails without good cause to attend for or to submit herself to medical examination in accordance with article 24(1):

Provided that such disqualification shall commence not earlier than the day on which the failure occurs and that, in the event of her being confined after such failure, she shall not by reason of such failure be so disqualified for the day on which the confinement occurs or any day thereafter.

CHAPTER 3 UNEMPLOYMENT BENEFIT

Days not to be treated as days of unemployment.

26. (1) For the purposes of Chapter 9 of Part II, a day shall not be treated as a day of unemployment if it is a day in respect of which a person--

( a ) fails to prove to the satisfaction of the Minister that he is unemployed, capable of work and available for employment, or

( b ) follows any occupation from which he derives any remuneration or profit, unless such occupation could ordinarily have been followed by him in addition to his usual employment and outside the ordinary working hours of that employment and either--

(i) the remuneration or profit therefrom for any such day does not exceed £10, or, where the remuneration or profit is in respect of a period longer than a day, such remuneration or profit does not on the daily average exceed that amount, or

(ii) not less than 117 employment contributions have been paid in respect of him in respect of either the period of 3 years immediately preceding that day or in respect of the last 3 complete contribution years immediately preceding that day.

(2) Where the provisions of sub-article (1)(b)(ii) are satisfied as respects any day they shall continue to be regarded as satisfied in respect of any subsequent day which is in the same period of interruption of employment.

(3) For the purposes of Chapter 9 of Part II and notwithstanding the provisions of sub-article (1)(b), any day on which a person is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training) shall be treated as a day of unemployment and the person shall be deemed to be available for employment on any such day.

Night workers.

27. (1) Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of unemployment benefit, as being, by virtue of such employment, employed--

( b ) in any other case, he shall be regarded as being employed only on the second day, and that day shall not be treated as a day of unemployment.

(2) Where by virtue of the provisions of sub-article (1), a person--

( a ) is to be treated as having been employed on 1 day only of 2 days, and

( b ) throughout that part of the other of those 2 days during which that person is not employed, or is deemed in accordance with regulations to be available for employment,

that person shall, for the purposes of Chapter 9 of Part II, be deemed to be so available for employment, throughout that other of those 2 days.

Special provision relating to delay or failure in claiming.

28. Notwithstanding anything contained in article 26, a person who, in respect of any period of interruption of employment, would have been entitled to unemployment benefit for any day but for any delay or failure on his part to make or prosecute a claim, shall, for the purposes of section 46 be treated as having been entitled to unemployment benefit for that day, but a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to unemployment benefit for that day, to avoid the necessity of requalifying for unemployment benefit under the said section.

Qualifying conditions -- unemployment benefit.

29. (1) For the purposes of section 43(1)(c)--

( a ) the prescribed period shall be the governing contribution year,

( b ) subject to sub-article (2), the prescribed reckonable weekly earnings or, in the case of a person who qualifies for unemployment benefit by virtue of having paid optional contributions, reckonable weekly income, shall be calculated as the total reckonable earnings or total reckonable income, as the case may be, in the prescribed period divided by the number of qualifying contributions in the said period, and

( c ) the prescribed amount shall be £69.99.

(3) In the case of a claimant whose claim, by virtue of his having been entitled to or in receipt of unemployment benefit or disability benefit in respect of any day in the 13 week period preceding the 4th day of January, 1993, forms part of a period of interruption of employment which commenced prior to that date, the provisions of this article shall not have the effect of reducing the rate of unemployment benefit payable below that to which he was previously entitled.

Partial satisfaction of conditions for unemployment benefit.

30. Where a claimant would be entitled to unemployment benefit but for the fact that the amount of his reckonable weekly earnings or, in the case of a person who qualifies for unemployment benefit by virtue of having paid optional contributions, reckonable weekly income does not exceed £69.99, the following provisions shall apply:--

( a ) where the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule B, there shall be entitlement to unemployment benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

( b ) any increase of unemployment benefit in respect of an adult dependant, payable under section 45(1), shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedule, and

( c ) any increase of unemployment benefit in respect of a qualified child, payable under section 45(2), shall be the same as if the condition as respects the reckonable weekly earnings or reckonable weekly income had been fully satisfied.

Substantial loss of employment.

31. A claimant shall be regarded, for the purposes of section 42(1)(d), as having sustained a substantial loss of employment in any period of 6 consecutive days as an officer of the Minister may determine, where he has lost 1 day of insurable employment:

Provided that the claimant's reckonable earnings or reckonable income are reduced as a consequence of the loss of employment.

Disqualification.

32. The amount prescribed for the purposes of section 47(4)(e) shall be £15,000.

Casual employment.

33. (1) A person shall be regarded, for the purposes of section 42(1)(d), as being engaged in casual employment where--

( a ) he is normally employed for periods of less than a week,

( b ) the number of days and the days of the week on which he is employed in each period varies with the level of activity in the employer's business, and

( c ) on the termination of each period of employment he has no assurance of being re-employed with the same employer.

(2) In determining, for the purposes of sub-article (1), whether a person is engaged in casual employment account shall be taken of his employment in the 6 months immediately preceding the first day of his claim for unemployment benefit:

Provided that where a deciding officer or appeals officer considers that this period is not appropriate to determine whether a person is engaged in casual employment, he may have regard to such other period which appears to him to be appropriate for that purpose.

Prescribed manner for proving unemployment.

34. A person shall prove unemployment for the purposes of section 42(1)(b) by attending at a local office at such time as an officer of the Minister may direct for the purpose of making a written declaration, in such form as the Minister may determine or by making such declaration in such other manner as the Minister may determine, that--

( a ) he has been continuously unemployed since the date of his claim for unemployment benefit, or

( b ) he has been unemployed or expects to be unemployed during each day in respect of which unemployment benefit is claimed.

Option to receive unemployment assistance in lieu of unemployment benefit.

35. (1) Where a person is in receipt of, or entitled to, unemployment benefit under the provisions of article 30 and would, but for the provisions of section 125(1)(b), be entitled to unemployment assistance, such person may opt to receive unemployment assistance in lieu of unemployment benefit.

(2) A person who, in any period of interruption of employment for the purposes of section 42, opts under the provisions of sub-article (1) to receive unemployment assistance in lieu of unemployment benefit, shall not be entitled in the same period of interruption of employment to revoke the option unless the rate of unemployment assistance is reduced below that to which he was entitled at the date of option.

(3) Where an option under sub-article (1) is revoked in accordance with sub-article (2), the person revoking such option shall not be entitled to receive unemployment assistance in respect of any day for which unemployment benefit is payable.

(4) In this article "date of option" means the date on which a person opts to receive unemployment assistance in lieu of unemployment benefit.

CHAPTER 4 OLD AGE (CONTRIBUTORY) PENSION

Interpretation.

36. In this Chapter--

"entry into insurance" in the case of a relevant person has the meaning assigned to it by section 83(4);

"relevant period" means the period over which the yearly average of contributions is calculated for old age (contributory) pension purposes in accordance with section 83(2);

"relevant person" has the meaning assigned to it by section 83(3);

"yearly average" and "alternative yearly average" have the meanings assigned to them by section 83(2).

Reckoning of contributions under National Health Insurance Acts.

37. (1) Notwithstanding section 83(4), a person who--

( a ) had not attained the age of 60 years before the 5th day of January, 1953, and

( b ) had not entered into insurance before attaining that age,

shall be deemed to satisfy the condition for old age (contributory) pension contained in section 84(1)(a) if contributions as an employed contributor under the National Health Insurance Acts had been paid by or in respect of him, but, in any such case, the yearly average for the purposes of section 84(1)(c) shall be calculated in accordance with sub-article (3).

(2) Notwithstanding section 83(4), for the purpose of satisfying the contribution condition for old age (contributory) pension contained in section 84(1)(b), contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall, subject to article 10 be taken into account, but, in any such case, the yearly average for the purposes of section 84(1)(c) shall be calculated in accordance with sub-article (3).

(3) The yearly average, in the case of a person to whom sub-article (1) or (2) applies, shall be the average per contribution year of contribution weeks in respect of which that person has qualifying contributions, voluntary contributions or credited contributions reckonable for old age (contributory) pension purposes in the period commencing--

( a ) on the 5th day of January, 1953, in case the claimant is a man, or

( b ) on the 6th day of July, 1953, in case the claimant is a woman,

and ending at the end of the last complete contribution year before the date of the claimant's attaining pensionable age.

Partial satisfaction of contribution conditions for old age (contributory) pension.

38. (1) Where a person would be entitled to old age (contributory) pension but for the fact that the relevant contribution conditions are not satisfied as respects the yearly average, he shall be entitled to pension at a rate determined in accordance with sub-article (2):

Provided that the yearly average is not less than 20.

(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule C, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 87 shall be the same as if the contribution condition set out in section 84(1)(c) had been fully satisfied.

Entitlement to pro-rata old age (contributory) pension.

39. In the case of a relevant person who--

( a ) would, but for the fact that the contribution condition set out in section 84(1)(c) is not satisfied, be entitled to old age (contributory) pension,

( b ) is not entitled to pension under article 38 or 41,

( c ) does not have an entitlement to an old age (contributory) pension by virtue of Regulation (EEC) 1408/71 of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 238, and

( d ) had periods in which he had been--

(i) employed mainly in one or more of the employments specified in article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ), and

(ii) an employed contributor, or a self- employed contributor or a voluntary contributor in respect of whom--

(I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, have been paid in respect of or credited to him, or

(II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, have been paid in respect of him,

since--

(A) the 5th day of January, 1953, as respects a man,

(B) the 6th day of July, 1953, as respects a woman, or

whichever is the later,

he shall be entitled to an old age (contributory) pension at the rate calculated in accordance with article 40.

Calculation of rate of pro-rata old age (contributory) pension.

40. (1) The rate of old age (contributory) pension payable to a relevant person referred to in article 39 shall be calculated in accordance with the formula--

where--

A is the rate of old age (contributory) pension which would be payable to the relevant person if all of the contributions specified at C in respect of that person during the relevant period were reckonable for old age (contributory) pension purposes,

B is the number of--

(i) employment contributions paid in respect of or credited to the relevant person,

(ii) self-employment contributions paid by him, and

(iii) voluntary contributions paid by him, during the relevant period, which are reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, and

C is the total number of--

(i) all of the employment contributions (other than employment contributions payable by a person who becomes an insured person by virtue of section 9(1)(b) only) paid in respect of or credited to the relevant person,

(ii) all of the self-employment contributions paid by him, and

(iii) all of the voluntary contributions paid by him,

during the relevant period:

Provided that where the amount so calculated is not a multiple of £2, it shall be increased to the next multiple of £2.

(2) Notwithstanding sub-article (1), any increase payable under subsection (2), (4) or (5) of section 87 shall be the same as if the contribution condition set out in section 84(1) (c) had been fully satisfied.

Special partial old age (contributory) pension.

41. (1) In the case of a person who became an employed contributor paying employment contributions reckonable for the purposes of entitlement to old age (contributory) pension at the time of and 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 is not satisfied as respects the yearly average and that person is not entitled to old age (contributory) pension under article 38 he shall be entitled to old age (contributory) pension at a rate determined in accordance with sub-article (2):

Provided that the yearly average is not less than 5.

(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule D, fractions of whole numbers being disregarded, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 87 shall be the same as if the contribution condition set out in section 84(1)(c) had been fully satisfied.

Calculation of yearly average.

42. In calculating the yearly average or alternative yearly average for old age (contributory) pension purposes (other than a pension payable under article 41) in the case of a claim made on or after the 13th day of July, 1992, a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.

Saver.

43. The provisions of this Chapter shall not operate so as to disentitle to an old age (contributory) pension, or to reduce the rate of such pension payable to, a person who satisfies the contribution conditions for old age (contributory) pension contained in section 84(1) by virtue solely of his insurance under the Principal Act.

CHAPTER 5 Retirement Pension

Interpretation.

44. In this Chapter--

"entry into insurance" in the case of a relevant person has the meaning assigned to it by section 88(5);

"relevant period" means the period over which the yearly average of contributions is calculated for retirement pension purposes in accordance with section 88(3);

"relevant person" has the meaning assigned to it by section 88 (4);

"yearly average" and "alternative yearly average" have the meanings assigned to them by section 88(3).

Reckoning of contributions under National Health Insurance Acts.

45. (1) Notwithstanding section 88(5), a person who--

( a ) had not attained the age of 55 years before the 5th day of January, 1953, and

( b ) had not entered into insurance before attaining that age,

shall be deemed to satisfy the condition for retirement pension contained in section 89(1)(a) if contributions as an employed contributor under the National Health Insurance Acts had been paid by or in respect of him, but, in any such case, the yearly average for the purposes of section 89(1)(c) shall be calculated in accordance with section 88(3).

(2) Notwithstanding section 88(5), for the purpose of satisfying the contribution condition for retirement pension contained in section 89(1)(b), contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall, subject to article 10, be taken into account, but, in any such case, the yearly average for the purposes of section 89(1)(c) shall be calculated in accordance with section 88(3).

Period of retirement.

46. For the purposes of section 88, a period of retirement in relation to a person shall be--

(i) where the person has attained the age of 65 years and has not yet attained the age of 66 years, any period subsequent to his retirement from employment which is insurable employment or insurable self-employment under the Principal Act (other than employment which is insurable only for occupational injuries benefit) during which he does not engage in such employment, or

(ii) where the person has attained the age of 66 years, any period subsequent to his attainment of that age whether he is engaged in employment or not.

Partial satisfaction of contribution conditions for retirement pension.

47. (1) Where a person would be entitled to retirement pension but for the fact that the relevant contribution conditions are not satisfied as respects the yearly average, he shall be entitled to pension at a rate determined in accordance with sub-article (2):

Provided that the yearly average is not less than 24.

(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule E, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 91 shall be the same as if the contribution condition set out in section 89(1)(c) had been fully satisfied.

Entitlement to pro-rata retirement pension.

48. In the case of a relevant person who--

( a ) would, but for the fact that the contribution condition set out in section 89(1)(c) is not satisfied, be entitled to retirement pension,

( b ) is not entitled to pension under article 47,

( c ) does not have an entitlement to a retirement pension by virtue of Regulation (EEC) 1408/71 of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 238, and

( d ) had periods in which he had been--

(i) employed mainly in one or more of the employments specified in article 5(1), 6(1) or 7 (1) of the Social Welfare (Modifications of Insurance) Regulations, 1991) ( S.I. No. 94 of 1991 ), and

(ii) an employed contributor, or a voluntary contributor in respect of whom--

(I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to retirement pension, have been paid in respect of or credited to him, or

(II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to retirement pension, have been paid in respect of him,

since--

(A) the 5th day of January, 1953, as respects a man,

(B) the 6th day of July, 1953, as respects a woman, or

whichever is the later,

he shall be entitled to a retirement pension at the rate calculated in accordance with article 49.

Calculation of rate of pro-rata retirement pension.

49. (1) The rate of retirement pension payable to a relevant person referred to in article 48 shall be calculated in accordance with the formula--

where--

A is the rate of retirement pension which would be payable to the relevant person if all of the contributions specified at C in respect of that person during the relevant period were reckonable for retirement pension purposes,

B is the number of--

(i) employment contributions paid in respect of or credited to the relevant person, and

(ii) voluntary contributions paid by him,

during the relevant period which are reckonable for the purposes of the contribution conditions for entitlement to retirement pension, and

C is the total number of--

(ii) all of the self-employment contributions paid by him, and

(iii) all of the voluntary contributions paid by him,

during the relevant period:

Provided that where the amount so calculated is not a multiple of £2, it shall be increased to the next multiple of £2.

(2) Notwithstanding sub-article (1), any increase payable under subsection (2), (4) or (5) of section 91 shall be the same as if the contribution condition set out in section 89 (1)(c) had been fully satisfied.

Calculation of yearly average.

50. In calculating the yearly average or alternative yearly average for retirement pension purposes, in the case of a claim made on or after the 13th day of July, 1992, a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.

Saver.

51. The provisions of this Chapter shall not operate so as to disentitle to a retirement pension, or to reduce the rate of such pension payable to, a person who satisfies the contribution conditions for retirement pension contained in section 89(1) by virtue solely of his insurance under the Principal Act.

CHAPTER 6 Invalidity Pension

Definition of permanently incapable of work.

52. For the purposes of section 95, a person shall be regarded as being permanently incapable of work if immediately before the date of claim for the said pension--

( a ) he has been continuously incapable of work for a period of one year and it is shown to the satisfaction of a deciding officer or an appeals officer that the person is likely to continue to be incapable of work for at least a further year, or

( b ) he is incapable of work and evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life:

Provided that he shall not be so regarded where it is subsequently shown to the satisfaction of a deciding officer or an appeals officer that he is no longer likely to continue to be incapable of work for at least a further year or for life, as the case may be.

Conditions for receipt of invalidity pension.

53. For the purposes of section 96(2)(b), the relevant date means any date subsequent to the commencement of a period of incapacity for work where evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life.

Disqualification.

54. (1) A person shall be disqualified for receiving invalidity pension if and so long as he fails without good cause to observe the Rules of Behaviour specified in Schedule F.

(2) A person may, with the prior written permission of an officer of the Minister, be exempted from the operation of Rule 4 of the Rules of Behaviour in Schedule F for any period during which--

( a ) having become permanently incapable of following his usual occupation, he is undergoing a course of training with a view to taking up some other occupation,

( b ) he is engaged in work in the nature of rehabilitation or occupational therapy, or

( c ) he is engaged in light work for which no remuneration is or would ordinarily be payable.

CHAPTER 7 Survivor's Pension

Interpretation.

55. In this Chapter--

"existing pensions contributor" means any person who at any time was, or was deemed to be or treated as, an insured person under the Widows' and Orphans' Pensions Acts;

"relevant contribution condition" means the contribution condition set out in section 102(1)(b)(ii);

"relevant period" means the period over which the yearly average of contributions per contribution year is calculated for pension purposes in accordance with section 102(1)(b) (ii);

"yearly average" has the meaning assigned to it by section 100.

Partial satisfaction of contribution conditions for survivor's pension.

56. (1) Where a person would be entitled to survivor's pension but for the fact that the relevant contribution condition is not satisfied, the person shall be entitled to survivor's pension at a rate determined in accordance with sub-article (2):

Provided that the yearly average in the relevant period is not less than 24.

(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule G, survivor's pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 104 shall be the same as if the contribution condition set out in section 102(1)(b)(ii) had been fully satisfied.

Special partial contributors survivor's pension.

57. (1) 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 survivor's pension by virtue of the person's or the person's spouse's insurance record but for the fact that the relevant contribution condition is not satisfied and there is no entitlement to survivor's pension under article 56, the person shall be entitled to survivor's pension at a rate determined in accordance with sub-article (2):

Provided that the yearly average in the relevant period is not less than 5.

(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule H, fractions of whole numbers being disregarded, survivor's pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 104 shall be the same as if the contribution condition set out in section 102(1)(b)(ii) had been fully satisfied.

Reckoning of contributions paid under Widows' and Orphans' Acts.

58. (1) In determining whether the contribution condition for survivor's pension contained in section 102(1)(a) has been satisfied in respect of an existing pensions contributor--

( a ) entry into insurance under the Widows' and Orphans' Pensions Acts shall be treated as entry into insurance under the Principal Act, and

( b ) every 2 contributions paid by or in respect of such contributor under the Widows' and Orphans' Pensions Acts shall be treated as 3 employment contributions paid under the Principal Act and any odd contribution shall be treated as 2 employment contributions paid under the said Act.

(2) For the purposes of section 102(1)(b) and article 56, the following provisions shall have effect in relation to an existing pensions contributor--

( a ) in determining whether the contribution condition for survivor's pension contained in the said section or article, as the case may be, has been satisfied every 2 contributions paid or excused or deemed to have been, or treated as, paid by or in respect of such contributor under the Widows' and Orphans' Pensions Acts since the date of such contributor's entry into insurance under the said Acts shall be treated as 3 contributions paid or credited under the Principal Act and any odd contribution under the Widows' and Orphans' Pensions Act shall be treated as 2 contributions paid or credited under the said Principal Act,

( b ) any period which is a period of insurance for the purposes of the said Acts commencing with the date of such contributor's entry into insurance under the said Acts shall be treated as a period of insurance under the Principal Act and contribution years in any such period shall be treated as contribution years under the said Act but in relation to a male existing pensions contributor the period from the 2nd day of July, 1951 to the 4th day of January, 1953, shall be treated as one contribution year, and

( c ) entry into insurance under the Widows' and Orphans' Pensions Acts may be treated as entry into insurance under the Principal Act.

Calculation of yearly average.

59. In calculating the yearly average for survivor's pension purposes (other than survivor's pension payable under article 57) a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.

CHAPTER 8 Deserted Wife's Benefit

Interpretation.

60. In this Chapter--

"relevant period" means the period over which the yearly average of contributions per contribution year is calculated for the purposes of deserted wife's benefit in accordance with section 111(1)(b)(ii);

"yearly average" has the meaning assigned to it by section 110(4).

Definition of desertion.

61. A woman is to be regarded for the purposes of section 110 as having been deserted by her husband if--

( a ) her husband has of his own volition left her, or his conduct has resulted in her leaving him with just cause,

( b ) she is not being maintained by her husband, or if she is being so maintained, the weekly amount of maintenance received is less than the rate shown opposite reference 5 in column (2) of Part I of the Second Schedule to the Principal Act increased by the amount set out in column (4) of the said Schedule in respect of each qualified child who normally resides with her, and

( c ) she and her husband have lived apart from one another for a continuous period of at least 3 months immediately preceding the date of her claim and continue to so live apart.

Conditions for receipt of deserted wife's benefit.

62. The following conditions are hereby prescribed for the purposes of section 110(1)(e)--

( a ) a woman who has been deserted by her husband shall make and continue to make appropriate efforts, in the particular circumstances, to obtain maintenance from her husband, and

( b ) she and any person shall not be cohabiting as husband and wife.

Income limit.

63. (1) The amount prescribed for the purposes of section 110(1)(e) shall be £10,000.

(2) The amount prescribed for the purposes of section 111 (4) (a) shall be £14,000.

Partial satisfaction of contribution conditions for deserted wife's benefit.

64. (1) Subject to article 66, where a woman would be entitled to deserted wife's benefit but for the fact that the contribution conditions are not satisfied as respects the yearly average, she shall be entitled to deserted wife's benefit at a rate determined in accordance with sub-article (2):

Provided that the yearly average in the relevant period is not less than 24.

(2) In the case of a woman to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule I, deserted wife's benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 113 shall be the same as if the contribution condition set out in section 111(1)(b)(ii) had been fully satisfied.

Special partial deserted wife's benefit.

65. (1) Subject to article 66, 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 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 section 111(1)(b)(ii) is not satisfied and there is no entitlement to benefit under article 64 she shall be entitled to deserted wife's benefit at a rate determined in accordance with sub-article (2):

Provided that the yearly average in the relevant period is not less than 5.

(2) In the case of a woman to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule J, fractions of whole numbers being disregarded, deserted wife's benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 113 shall be the same as if the contribution condition set out in section 111(1)(b)(ii) had been fully satisfied.

Application of income limit.

66. (1) In the case of a claim for deserted wife's benefit made on or after the 31st day of August, 1992, where a woman would be entitled to deserted wife's benefit but for the fact that she has an aggregate of reckonable income and reckonable earnings in excess of £10,000 in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, the following provisions shall apply--

( a ) in the case of a woman who satisfies the contribution conditions set out in section 111(1) and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule K, deserted wife's benefit shall be payable at the weekly rate shown opposite to that amount in column (2) of the said Schedule,

( b ) in the case of a woman who qualifies for deserted wife's benefit by virtue of article 64 and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in the column (1) of Schedule L, deserted wife's benefit shall be payable at the weekly rate shown opposite to that amount in column (2) or (3) as appropriate, of the said Schedule,

( c ) in the case of a woman who qualifies for deserted wife's benefit by virtue of article 65 and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule M, deserted wife's benefit shall be payable at the weekly rate shown opposite to that amount in column (2), (3) or (4) as appropriate, of the said Schedule.

(2) In the case of a woman to whom sub-article (1) applies, any increase payable under section 113 shall be the same as if the conditions set out in section 111(1) had been fully satisfied.

Calculation of yearly average.

67. In calculating the yearly average for the purposes of deserted wife's benefit (other than benefit under article 65), a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.

PART III SOCIAL ASSISTANCE PAYMENTS

CHAPTER 1 Unemployment Assistance

Interpretation.

68. In this Chapter "continuous period of unemployment" shall be construed in accordance with section 120(3).

Day of unemployment.

69. For the purposes of Chapter 2 of Part III, a day shall be treated as a day of unemployment if it is a day in respect of which a person--

( a ) proves unemployment in accordance with article 70, and

( b ) does not work for wages or other remuneration, whether paid in money or otherwise.

Prescribed manner for proving unemployment.

70. A person shall prove unemployment for the purposes of section 120(1)(b) by attending at a local office at such time as an officer of the Minister may direct for the purpose of making a written declaration, in such form as the Minister may determine or by making such declaration in such other manner as the Minister may determine, that

( a ) he has been continuously unemployed since the date of his application for unemployment assistance, or

( b ) he has been unemployed or expects to be unemployed during each day in respect of which unemployment assistance is claimed.

Disregarding of means.

71. In the case of a person who--

( a ) has attained the age of 55 years but has not attained pensionable age,

( b ) has been in receipt of unemployment assistance, unemployment benefit or unemployment assistance and unemployment benefit for not less than 390 days in any continuous period of unemployment in the immediately preceding period, and

( c ) is in receipt of unemployment assistance at a rate less than the scheduled rate,

unemployment assistance may be payable--

(i) where his weekly means do not exceed £2, at the scheduled rate, and

(ii) where his weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which his weekly means exceed £2, any fraction of £2 in those means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this sub-paragraph at which, but for this proviso, the unemployment assistance would be payable is--

(A) equal to or greater than 10p but less than £1, the assistance shall be payable at the weekly rate of £1, and

(B) less than 10p, the assistance shall not be payable.

Night workers.

72. Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of Chapter 2 of Part III, as being employed by virtue of such employment--

( b ) in any other case, he shall be regarded as being employed only on the second day, and that day shall not be treated as a day of unemployment.

Persons deemed to be available for employment.

73. (1) Where by virtue of the provisions of article 72 a person--

( a ) is to be treated as having been employed on one day only of 2 days, and

( b ) throughout that part of the other of those 2 days during which that person is not employed,

that person shall, for the purposes of Chapter 2 of Part III, be deemed to be available for employment, throughout that other of those 2 days.

(2) In the case of a person who is participating in an activity where, in the continuous period of unemployment in which he commences such activity, he has been in receipt of unemployment assistance, unemployment benefit or unemployment assistance and unemployment benefit for a period of not less than 390 days, or in the case of a person to whom paragraph (b) of the definition of "activity" contained in sub-article (4) applies, 312 days, he shall be deemed to be available for employment on any day on which he is participating in an activity:

Provided that he has given prior notification to the Minister of his intention to participate in that activity.

(3) In the case of a person who is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training) he shall be deemed to be available for employment on any day on which he is undergoing such training.

(4) In this article "activity" means participation by a person--

( a ) aged 21 years or over in a course of education approved by the Minister as being at second level or aged 23 years or over in a course of education approved by the Minister as being at third level, at a centre approved by the Minister in consultation with the Minister for Education leading to a certificate recognised by the Minister for Education,

( b ) in a course of education, training or development approved by a company, known as an Area Partnership, in consultation with the Minister, or

( c ) aged 21 years or over in such other course of education as the Minister may from time to time approve.

Exemption from disqualification.

74. A person shall not be disqualified for receiving unemployment assistance while attending a course of study within the meaning of section 126 where that person is--

( a ) a mature student within the meaning of section 1 of the Local Authorities (Higher Education Grants) Act, 1968 (No. 24 of 1968) (as amended by section 2 of the Local Authorities (Higher Education Grants) Act, 1992 (No. 19 of 1992)), or

( b ) participating in an activity within the meaning of article 73(4).

CHAPTER 2 Pre-Retirement Allowance

Specified age.

75. The age specified for the purposes of section 127(1)(a) shall be 55 years.

Period of retirement.

76. For the purposes of Chapter 3 of Part III, any period during which a person does not engage in insurable employment or insurable self-employment shall be regarded as a period of retirement.

CHAPTER 3 Deserted Wife's Allowance

Definition of desertion.

77. A woman is to be regarded for the purposes of section 153 as having been deserted by her husband if--

( a ) her husband has of his own volition left her, or his conduct has resulted in her leaving him with just cause,

( b ) she--

(i) is not being maintained by her husband, or

(ii) is being maintained by her husband, but at a rate per week which is less than the rate of deserted wife's allowance shown opposite reference 4 in column (2) of Part I of the Fourth Schedule to the Principal Act,

( c ) she and her husband have lived apart from one another for a continuous period of at least 3 months immediately preceding the date of her claim for deserted wife's allowance and continue to so live apart, and

( d ) she makes and continues to make appropriate efforts, in the particular circumstances, to obtain maintenance from her husband.

CHAPTER 4 Prisoner's Wife's Allowance

Definition of prisoner.

78. (1) A man who is in a prison or place of detention shall be regarded as a prisoner for the purposes of Chapter 8 of Part III if he has for a period of not less than 6 months immediately preceding the date of claim been in custody by order of a court or a responsible authority, or is committed in custody by a court or a responsible authority for a period of not less than 6 months.

(2) For the purposes of sub-article (1), a certificate from a responsible authority shall be accepted as evidence of the duration of a period of custody.

CHAPTER 5 Lone Parent's Allowance

Circumstances in which person to be regarded as being a separated spouse.

79. (1) A person is to be regarded for the purposes of Chapter 9 of Part III as being a separated spouse if--

( a ) she and their children--

(i) are not being maintained by her spouse, or

(ii) are being maintained by her spouse, but at a rate per week which is less than the rate of lone parent's allowance as set out at reference 5 in Part I of the Fourth Schedule to the Principal Act appropriate to her family size,

( b ) she and her spouse have lived apart from one another for a continuous period of at least 3 months immediately preceding the date of her claim for lone parent's allowance and continue to so live apart, and

( c ) she makes and continues to make appropriate efforts, in the particular circumstances, to obtain maintenance from her spouse for herself and their children.

(2) In this article--

"spouse"--

( a ) in relation to a woman who has been married more than once refers to her last husband only, and

( b ) in relation to a man who has been married more than once refers to his last wife only.

Circumstances in which person to be regarded as being an unmarried person.

80. (1) A person is to be regarded for the purposes of Chapter 9 of Part III as being an unmarried person if, not being a married person, she is the parent of a qualified child.

(2) For the purposes of this article a "parent" shall include, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1991, or under such other form of adoption as the Minister considers appropriate in the circumstances, the adopter.

Circumstances in which person to be regarded as being a prisoner's spouse.

81. (1) A person is to be regarded for the purposes of Chapter 9 of Part III as being a prisoner's spouse if she is the spouse of a person who--

( a ) is in a prison or place of detention, and

( b ) has for a period of not less than 6 months immediately preceding the date of claim been in custody by order of a court or a responsible authority, or is committed in custody by a court or a responsible authority for a period of not less than 6 months.

(2) For the purposes of sub-article (1), a certificate from a responsible authority shall be accepted as evidence of the duration of a period of custody.

Residence of qualified child.

82. (1) Subject to sub-article (2), a qualified child shall, for the purposes of Chapter 9 of Part III, be regarded as normally residing with a lone parent where--

( a ) he is resident with that lone parent, and

( b ) that lone parent has the main care and charge of him.

(2) A qualified child who is resident in an institution shall be regarded as normally residing with a lone parent where that parent contributes towards the cost of the child's maintenance in the institution and with whom the child would, under sub-article (1), be regarded as normally residing if the child were not resident in an institution.

(3) A qualified child may, in such circumstances as an officer of the Minister considers appropriate, be regarded as normally residing with a lone parent who is resident in an institution.

(4) In this article "institution" means--

( a ) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto,

( b ) any other similar establishment providing residence, maintenance or care for the persons therein, or

( c ) any prison, place of detention or other establishment to which articles 23 and 24 of the Social Welfare (Social Assistance) Regulations, 1993 ( S.I. No. 364 of 1993 ) apply.

Continuity.

83. (1) Where, immediately before the commencement of Part III of the Act of 1990, a person was in receipt of a specified payment, a lone parent's allowance shall be payable to that person from the day so appointed at the same rate as the specified payment which was payable to her immediately before the day so appointed.

(2) Any decision made by a deciding officer or by an appeals officer in relation to the award of a specified payment to a person prior to the commencement of Part III of the Act of 1990 shall be treated as if it were a decision to award a lone parent's allowance to such person on and from such appointed day.

(3) Where, immediately before the commencement of Part III of the Act of 1990, a person had applied for, but had not been awarded, a specified payment, such application shall from the day so appointed be treated for all purposes as if it were an application for a lone parent's allowance.

(4) In this article--

"specified payment" means--

( a ) widow's (non-contributory) pension which included an increase for a qualified child,

( b ) deserted wife's allowance which included an increase for a qualified child,

( c ) prisoner's wife's allowance which included an increase for a qualified child,

( d ) social assistance allowance,

( e ) widower's (non-contributory) pension, or

( f ) deserted husband's allowance;

"commencement of Part III of the Act of 1990" means--

( a ) the 29th day of November, 1990 in the case of deserted wife's allowance, prisoner's wife's allowance, social assistance allowance, deserted husband's allowance and lone parent's allowance, other than lone parent's allowance payable in respect of a widow or widower, and

( b ) 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 widower.

CHAPTER 6 Carer's Allowance

Interpretation.

84. In this Chapter--

"carer" means a carer as defined in section 163;

"relevant pensioner" has the meaning assigned to it by section 163;

"institution" means--

( a ) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto and any other similar establishment providing residence, maintenance or care for the persons therein, or

( b ) a private dwelling wherein a person is boarded out under an arrangement with a health board.

Conditions to be satisfied by carer.

85. The conditions prescribed for the purposes of section 164 are that the carer, being resident in the State--

( a ) is not engaged in employment or self-employment outside her home,

( b ) has attained the age of 18 years, and

( c ) is not residing in an institution.

Circumstances in which carer is to be regarded as providing full-time care and attention.

86. A carer may, for the purposes of Chapter 10 of Part III and this Chapter, continue to be regarded as providing full-time care and attention to a relevant pensioner where she would qualify for payment of an allowance but for the fact that either she or the relevant pensioner is undergoing medical or other treatment of a temporary nature in an institution for a period of not longer than 13 weeks.

CHAPTER 7 Miscellaneous Provisions for Assessment of Means

Yearly value of property -- unemployment assistance and pre-retirement allowance.

87. (1) The yearly value of any property mentioned in Rule 1(1) of Part I of the Third Schedule to the Principal Act shall be ascertained as follows--

( a ) the yearly value of the first £400 of the capital value of the property shall be taken to be one-twentieth part of the capital value, and

( b ) the yearly value of so much of the capital value of the property as exceeds £400 shall be taken to be one-tenth part of the capital value.

(2) The yearly value of any advantage mentioned in Rule 1(3) of Part I of the Third Schedule to the Principal Act shall be ascertained by deducting expenses necessarily incurred from the gross income.

(3) The yearly value of any property mentioned in Rule 1 (4) of Part I of the Third Schedule to the Principal Act shall be ascertained as follows--

( a ) where the property is of the same nature as the property mentioned in Rule 1(1) of Part I of the Third Schedule to the Principal Act, the yearly value shall be ascertained in the manner prescribed in sub-article (1), and

( b ) where the property is of the same nature as the property mentioned in Rule 1(3) of Part I of the Third Schedule to the Principal Act, the yearly value shall be ascertained in the manner prescribed in sub-article (2).

Prescribed activity -- exemption of income.

88. For the purposes of paragraph (2)(p) of Rule I of Part I of the Third Schedule to the Principal Act--

( a ) the harvesting of seaweed shall be a prescribed activity, and

( b ) the prescribed income arising from the said activity shall be £1,000 per year.

Earnings disregards -- lone parent's allowance, carer's allowance and unemployment assistance.

89. (1) The amount prescribed for the purposes of paragraph (4)(jj) of Rule 1 of Part II of the Third Schedule to the Principal Act shall be £24 per week.

(2) The amount prescribed for the purposes of paragraph (1A) of Rule 4 of Part II of the Third Schedule to the Principal Act shall be £100 per week.

(3) For each week in respect of which a person earns moneys in respect of current personal employment under a contract of service, the amount prescribed for the purposes of paragraph (2) (m) of Rule 1 of Part I of the Third Schedule to the Principal Act shall be:

one sixth of the weekly rate appropriate to the case plus £15 in respect of each day in that week (excluding Sunday) in which such moneys are so earned by him and in the case of moneys so earned by him on a Sunday, £15.

(4) For the purposes of sub-article (3), the "weekly rate appropriate to the case" means the rate of unemployment assistance, calculated in accordance with the provisions of Chapter 2 of Part III, which the person would otherwise have received if he did not have income from current personal employment under a contract of service.

Disregard of proceeds from sale of principal residence.

90. (1) The disregard in the calculation of means provided for in Rule 2 of Part II of the Third Schedule to the Principal Act shall only apply where--

( a ) the claimant or beneficiary disposes of his principal residence for the purposes of--

(i) purchasing alternative accommodation which is or will be occupied by him as his only or main residence,

(ii) funding the renting of alternative accommodation which is or will be occupied by him as his only or main residence, or

(iii) funding the payment of fees to a nursing home which has been registered in accordance with section 4 of the Health (Nursing Homes) Act, 1990 (No. 23 of 1990),

( b ) (i) the sale of the principal residence of the claimant or beneficiary takes place on or after the 2nd day of December, 1993, and

(ii) the claimant or beneficiary has attained pensionable age at the date of sale, and

( c ) the gross proceeds are derived from the sale of a dwelling-house or part of a dwelling-house which is, or has been occupied by the claimant or beneficiary as his principal residence or land which he has for his own occupation and enjoyment with that residence as its gardens or grounds up to an area not exceeding one acre.

(2) The limit prescribed for the purposes of Rule 2 of Part II of the Third Schedule to the Principal Act shall be £75,000.

PART IV CHILD BENEFIT

Normal residence.

91. For the purposes of Part IV, the person with whom a qualified child shall be regarded as normally residing shall be determined in accordance with the following Rules:

1. A qualified child who is resident with more than one of the following persons, his--

mother,

step-mother,

father,

step-father,

shall be regarded as normally residing with the person first so mentioned and with no other person.

2. A qualified child who is resident with one only of the persons mentioned in Rule 1, shall be regarded as normally residing with that person and with no other person provided, where that person is the father and he is cohabiting with a woman as husband and wife, this Rule shall not apply in respect of the child where the father so elects and, on such an election, the child shall be regarded as normally residing with the woman with whom the father is cohabiting.

3. A qualified child, who is resident elsewhere than with a parent or a step-parent and whose mother is alive, shall, where his mother is entitled to his custody whether solely or jointly with any other person, be regarded as normally residing with his mother and with no other person.

4. A qualified child, who is resident elsewhere than with a parent or a step-parent and whose father is alive, shall, where his father is entitled to his custody whether solely or jointly with any person other than his mother, be regarded as normally residing with his father and with no other person.

5. A qualified child, to whom none of the foregoing Rules apply, shall be regarded as normally residing with the woman who has care and charge of him in the household of which he is normally a member and with no other person provided that where there is no such woman in that household he shall be regarded as normally residing with the head of that household and with no other person.

6. Where the normal residence of a qualified child falls to be determined under Rule 3 or 4 and the person with whom he would thus be regarded as normally residing has abandoned or deserted him or has failed to contribute to his support, the relevant Rule shall cease to apply in respect of that child and the person with whom the child shall be regarded as normally residing shall be determined in accordance with Rule 5.

Full-time education.

92. (1) Subject to this Part, a child shall be regarded as receiving full-time education while attending on a full-time basis a course of full-time instruction by day at an institution of education.

(2) For the purposes of sub-article (1), a course of full-time instruction at an institution of education shall not be regarded as including a course of training or instruction--

( a ) provided or approved by An Foras Áiseanna Saothair (other than a course known as YOUTHREACH) and in respect of which an allowance is payable,

( b ) which forms part of an employment or work experience programme,

( c ) which arises from employment,

( e ) provided or approved by Teagasc, where, in an academic year such training or instruction comprises a period of work experience which exceeds the time spent receiving instruction or tuition at an institution of education.

Children regarded as continuing to receive full-time education.

93. (1) For the purposes of article 92(1), a child shall be regarded as continuing to receive full-time education--

( a ) for periods during an academic year when that child is not attending an institution of education arising from the temporary interruption to the provision of a course of full-time instruction or part of a cycle of education by an institution of education, and

( b ) for the period immediately following the completion by that child of part of a cycle of education, where such part finishes between the 1st day of May and the 30th day of June in an academic year, up to and including the 30th day of the next following September.

(2) Sub-article (1)(b) shall not apply to a child who completes the final part of a cycle of education and terminates his attendance at a course of full-time instruction at an institution of education.

PART V FAMILY INCOME SUPPLEMENT

Interpretation.

94. In this Part--

"earnings from employment" means emoluments other than non-pecuniary emoluments, to which Chapter IV of Part V of the Income Tax Act, 1967 (No. 6 of 1967) applies;

"spouse" means--

( a ) each person of a married couple who are living together,

( b ) each person of a married couple who is wholly or mainly maintaining, or being wholly or mainly maintained by, that person's spouse, or

( c ) a man and woman who are not married to each other but are cohabiting as husband and wife.

Manner of calculation or estimation of weekly family income.

95. (1) Subject to this Part, weekly family income within the meaning of section 197 shall be calculated or estimated--

( a ) insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of such earnings received in the 2 months immediately prior to the date on which the claim for family income supplement has been made where such earnings are received at monthly intervals, or in the 4 weeks immediately prior to such date where such earnings are received at weekly or fortnightly intervals,

( b ) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the 12 months preceding the date of claim by 52,

( c ) insofar as it consists of income from any other source, by reference to the normal weekly amount of such income.

(2) Where in any case a deciding officer or appeals officer considers that the periods mentioned in sub-article (1) would not be appropriate to determine the amount of weekly family income, he may, for the purposes of this article have regard to such other period which appears to him to be appropriate for that purpose.

Sums etc. disregarded in determining weekly family income.

96. In calculating or estimating weekly family income the following items shall be disregarded--

( a ) any sums received by way of death benefit by way of orphan's pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, carer's allowance, supplementary welfare allowance, child benefit or family income supplement,

( b ) any sums received by way of allowance for domiciliary care of handicapped children under the Health Act, 1970 (No. 1 of 1970),

( c ) any sums received by way an allowance under regulations made under section 23 of the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982),

( d ) any sums from the investment or profitable use of property (not being property personally used or enjoyed by the person concerned),

( e ) payments by a health board in respect of a child who is boarded out,

( f ) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident,

( g ) any moneys received from a charitable organisation being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them, and

( h ) any income arising from employment of a casual nature by a health board as a home help.

Persons regarded as being in remunerative full-time employment.

97. (1) For the purposes of this Part a person shall, subject to sub-article (2), be regarded as being engaged in remunerative full-time employment as an employee where--

( a ) he is engaged in remunerative employment (other than employment under a scheme administered by An Foras Áiseanna Saothair and known as Community Employment) which is expected to continue for a period of a minimum of 6 months and he is so engaged for not less than 20 hours a week, or he together with his spouse are engaged in such employment for an aggregate of not less than 20 hours a week, and

( b ) he is engaged in remunerative employment (other than employment under a scheme administered by an Foras Áiseanna Saothair and known as Community Employment) and he is so engaged for not less than 20 hours a week, or he together with his spouse are engaged in such employment for an aggregate of not less than 20 hours a week, in--

(i) the week in which the claim for family income supplement is made,

(ii) either of the 2 weeks immediately preceding the week in which the claim for family income supplement is made, or

(iii) the week immediately following the week in which the claim for family income supplement is made.

(2) A person who is engaged in employment on a job-sharing basis shall not be regarded as being engaged in remunerative full-time employment as an employee, but account may be taken of the number of hours worked by that person in determining the aggregate number of hours worked by that person's spouse.

Minimum payment of family income supplement.

98. The amount prescribed for the purposes of section 199(2) shall be £5.

PART VI MISCELLANEOUS PROVISIONS

Preliminary

Interpretation.

99. In Chapters 1 and 2 of this Part, save where the context otherwise requires--

"beneficiary" means a person who is entitled to benefit;

"benefit" means--

( a ) any benefit payable under Part II (other than occupational injuries benefits under Chapter 10 and treatment benefit under Chapter 20 of the said Part),

( b ) any assistance payable under Part III (other than supplementary welfare allowance under Chapter 11 of the said Part),

( c ) child benefit under Part IV, and

( d ) family income supplement under Part V;

"claimant" means a person who has made a claim for benefit;

"qualified person" means the person with whom a qualified child normally resides for the purposes of child benefit.

CHAPTER 1 Claims

Claims.

100. (1) Every claim for benefit (including any increase thereof) shall be made to the Minister in the form for the time being approved by the Minister or in such other manner as the Minister may accept as sufficient in the circumstances.

(2) A claim for death grant may be made by the personal representative of the deceased or, where there is no personal representative, by the husband or wife of any of the next of kin of the deceased or by any other person claiming to be entitled thereto.

(3) Where a family, as defined in section 197, comprises a person and his spouse both such persons shall join in any claim for family income supplement as respects that family.

(4) A claimant may withdraw his claim for family income supplement at anytime before a decision has been made on it by giving notice to that effect in writing to the Minister.

(5) Where a claim for child benefit is incomplete, an officer of the Minister may treat the claim as having been duly made if it is properly completed within 2 months after the date on which the claimant is requested to do so.

Information to be given when making claim.

101. (1) Every claimant shall furnish such certificates, documents, information and evidence as may be required by an officer of the Minister, for the purposes of deciding the claim and in any particular class of case, shall, for the purposes of making any such claim, attend at such office or place as an officer of the Minister may direct.

(2) Where a claim for family income supplement is made by an employee, his employer shall, on being so required by an officer of the Minister, furnish to the Minister the following information relating to the employee--

( a ) the nature of his employment,

( b ) the total amount of gross earnings derived by the employee from his employment with the employer in respect of any period,

( c ) the total number of hours worked by the employee in that employment in any period, and

( d ) any other relevant information that may be required by the said officer.

(3) The employer of a claimant for maternity benefit shall, on being so required by an officer of the Minister, furnish to the Minister the following information relating to that woman--

( a ) whether she is, immediately before the first day of maternity leave, an employed contributor,

( b ) the date of commencement and, where the employment has ceased, the date of cessation of employment with that employer,

( c ) the nature of her employment,

( d ) the amount of gross earnings derived by the woman from her employment with the employer in respect of any period,

( e ) whether she may resume employment immediately after the end of the maternity leave period, and

( f ) any other relevant information that may be required for the purposes of determining her claim for maternity benefit.

Prescribed time for making claim.

102. The prescribed time for making a claim shall be--

( a ) in the case of old age (contributory) pension, retirement pension and invalidity pension, the period commencing 3 months before and ending 3 months after the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,

( b ) in the case of unemployment benefit, unemployment assistance, pre-retirement allowance, old age (non-contributory) pension, blind pension and carer's allowance, the day in respect of which the claim is made,

( c ) in the case of survivor's pension, orphan's (contributory) allowance, deserted wife's benefit, widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance and lone parent's allowance, the period of 3 months from the day on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,

( d ) in the case of disability benefit, the period of 7 days from the day on which the person becomes or again becomes incapable of work,

( e ) in the case of maternity benefit, the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto, and

(f) in the case of death grant, the period of 3 months from the date of death of the deceased.

Provisional allowance of claim.

103. (1) In the case of old age (non-contributory) pension, where it appears to any person that although for the time being he is not entitled to the said pension, he will nevertheless become entitled to a pension at a future date, he may make a claim therefor at any time not more than 3 months before that date.

(2) Where a deciding officer is satisfied that a claimant is likely to be entitled to pension under sub-article (1), he may allow the claim provisionally so as to take effect on any future date not later than 3 months from the date of his decision.

Claims made outside prescribed time (disqualifications).

104. Subject to articles 105 and 107, where a person fails to make a claim for benefit (other than child benefit or family income supplement) within the prescribed time, he shall be disqualified for receiving payment--

( a ) in the case of old age (contributory) pension, retirement pension, invalidity pension, survivor's pension and orphan's (contributory) allowance, in respect of any period more than 6 months before the date on which the claim is made,

( b ) in the case of unemployment benefit, deserted wife's benefit, death grant, unemployment assistance, pre-retirement allowance, old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance and carer's allowance, in respect of any period before the date on which the claim is made,

( c ) in the case of disability benefit, in respect of any period more than 7 days before the date on which the claim is made, and

( d ) in the case of maternity benefit--

(i) where the claim is made before the end of the week of confinement, payment in respect of any period before the beginning of the week in which the claim is made,

(ii) where the claim is made after the end of the week of confinement, payment in respect of any period before the beginning of the 7th week before the week in which the claim is made not being earlier than the commencement of the week of confinement.

Extension of time for making claim.

105. Other than in the case of child benefit or family income supplement, where a claimant proves to the satisfaction of a deciding officer or an appeals officer that--

( a ) on a date earlier than the date on which his claim for benefit (including any increase thereof) was made, apart from satisfying the condition of making a claim, he was entitled thereto, and

( b ) throughout the period between the earlier date and the date on which his claim was made there was good cause for the delay in making such a claim, he shall not be disqualified for receiving payment of the amount to which he would have been entitled if the claim had been made on the earlier date:

Provided that no sum shall be paid to a claimant on account of benefit in respect of any period more than 6 months before the date on which the claim (including any increase thereof) therefor is made.

Provision of information.

106. (1) Every claimant or beneficiary and every person by whom any benefit is receivable on behalf of a claimant or beneficiary shall--

( a ) furnish in such manner and at such times as an officer of the Minister may determine, such certificates, documents and information affecting the right to benefit or to the receipt thereof as the said officer may require, and

( b ) notify the Minister of any change in circumstances which affect the right to benefit, or to the receipt thereof, as soon as is reasonably practicable thereafter.

(2) Every institution of education shall, on request, provide the Minister with such of the following information as the Minister may request in respect of each person who is registered or enrolled, as the case may be, as a student at such institution at the commencement of each academic year and who ceases to attend at such institution prior to the completion of the relevant academic year--

( a ) name,

( b ) address,

( c ) date of birth, and

( d ) the date on which the student ceased to attend the institution of education.

(3) The information requested under sub-article (2) shall be submitted by the institution of education in such format as is acceptable to the Minister and shall be sent, within 30 days of the receipt of a request for such information from the Minister, to such office of the Department as may be specified by the Minister.

Prescribed time for furnishing information.

107. (1) The prescribed period for the furnishing of information and production of documents required by a social welfare inspector under the provisions of section 212 (2) shall be--

( a ) in the case of the personal representative of a person who was at any time in receipt of any benefit, 30 days, and

( b ) in any other case, 21 days,

following the date of issue of a notification in writing sent by registered post to the person from whom the said information and documents, as the case may be, are sought.

(2) The period prescribed for the purposes of section 213(10) shall be--

( a ) in the case of old age (non-contributory) pension and blind pension, 3 months, and

( b ) in any other case, 7 days.

(3) Where a person who claims or is entitled to child benefit changes his place of residence he shall notify the Minister in writing thereof within 21 days after such change of residence.

(4) A claimant for disability benefit who fails or neglects for a period exceeding 6 months to submit or to continue to submit medical or other satisfactory evidence of the incapacity, shall be disqualified for receiving benefit in respect of any such period.

(5) Where the Minister is satisfied that there was good cause for the delay in submitting or continuing to submit evidence of the incapacity, he may extend the period of 6 months to the date on which the evidence is submitted.

CHAPTER 2 Payments

Manner of payment.

108. (1) Benefit shall be paid in accordance with a decision under the provisions of the Principal Act as soon as is reasonably practicable thereafter in such manner as the Minister may determine in any particular class of case.

(2) Subject to sub-article (3), the manner of payment under sub-article (1) shall comprise--

( a ) an order payable at a post office designated by the claimant or qualified person, as the case may be, or where the Minister considers it appropriate, at a post office designated by the Minister,

( b ) a cheque issued by post or otherwise to a claimant or beneficiary at his place of residence,

( c ) by direct credit transfer to an account nominated by the claimant, beneficiary or qualified person and where benefit is so paid, the claimant, beneficiary or qualified person shall be deemed to have received such payment,

( d ) in cash payable at a local office or at a post office, and

( e ) an order payable at a bank designated by the qualified person.

(3) The Minister may arrange for the payment of benefit otherwise than in accordance with sub-article (2) where the circumstances so warrant.

Commencement of awards -- child benefit and family income supplement.

109. (1) Where child benefit is awarded it shall commence to accrue as follows--

( a ) on the 1st day of the month following that in which the claimant became a qualified person, provided that the claim has been made within the 3 months commencing on the 1st day of that month,

( b ) in a case where a qualified person fails to make a claim within the time prescribed in paragraph (a) and a deciding officer or appeals officer is satisfied that there was good cause for the delay in making the claim, on the 1st day of the month following that in which the claimant became a qualified person,

( c ) in the case of a claim made by a person who becomes a qualified person by and on the death of another person who had been entitled to child benefit at the date of death, on the 1st day of the month following that in which the claim is made or, where a deciding officer or an appeals officer considers it appropriate, on the 1st day of the month following that in which the claimant became a qualified person,

( d ) in any other case, on the 1st day of the month following that in which the claim is made.

(2) Subject to articles 110(4)(a) and 110(4)(c), in the case of family income supplement, payment of the supplement shall be made with effect from the date on which the claim is received by the Minister or from the date on which the claimant becomes entitled to family income supplement, whichever is the later.

Time of payment.

110. (1) Subject to sub-article (5), benefit shall be paid--

( a ) in the case of unemployment benefit, disability benefit and unemployment assistance on such days and at such intervals as the Minister may determine in any particular class of case,

( b ) in the case of retirement pension, invalidity pension, deserted wife's benefit, pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance (other than a lone parent's allowance payable in respect of a widow or a widower) and carer's allowance, weekly in advance on the Thursday of each week,

( c ) in the case of old age (contributory) pension, survivor's pension, orphan's (contributory) allowance, old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, orphan's (non-contributory) pension and lone parent's allowance payable in respect of a widow or a widower, weekly in advance on the Friday of each week,

( d ) in the case of child benefit, in advance on the 1st Tuesday of each month, and

( e ) in the case of family income supplement, weekly in advance on the Thursday of each week.

(2) ( a ) Where the day from which a payment or a change in the rate of a payment under sub-article (1)(b) takes effect is a day of the week other than a Thursday, such payment or the change in the rate of such payment shall take effect as from and including the next following Thursday.

( b ) Where a payment under sub-article (1)(b) ceases to be payable as from and including a day of the week other than a Thursday, such payment shall continue to be payable in respect of the days of the week up to but not including the next following Thursday.

(3) ( a ) Where the day from which a payment or a change in the rate of a payment under sub-article (1)(c) takes effect is a day of the week other than a Friday, such payment or the change in the rate of such payment shall take effect as from and including the next following Friday.

( b ) Where a payment under sub-article (1)(c) ceases to be payable as from and including a day of the week other than a Friday, such payment shall continue to be payable in respect of the days of the week up to but not including the next following Friday.

(4) ( a ) Where the day from which payment or a change in the rate of payment of family income supplement takes effect, is a day of the week other than a Thursday, payment or the change in the rate of payment of family income supplement shall take effect as from and including the next following Thursday.

( b ) Where family income supplement ceases to be payable as from and including a day of the week other than a Thursday, family income supplement shall continue to be payable up to but not including the next following Thursday.

( c ) Where a beneficiary makes a claim not more than 4 weeks before or after the end of a period for which family income supplement is paid, any supplement payable on foot of such claim shall be payable immediately from the end of the period in respect of which family income supplement was previously payable.

(5) The Minister may, in any particular class of case, arrange for the payment of benefit otherwise than in accordance with the foregoing sub-articles where the circumstances so warrant.

Taking effect of revision on account of change in circumstances.

111. In the case of child benefit, where on account of a relevant change of circumstances, a deciding officer or an appeals officer, as the case may be, revises a decision in accordance with sections 248 or 262 the revised decision shall take effect as follows --

( a ) where, by virtue of the revised decision the rate of child benefit will be increased --

(i) as from the 1st day of the month following that in which the additional child becomes normally resident with the claimant, provided that the claim is made within 3 months commencing on the 1st day of that month,

(ii) in any other case, as from the 1st day of the month following that in which the claim is made, or

( b ) where by virtue of the revised decision child benefit will be disallowed or reduced --

(i) as from the 1st day of the month following that in which there was a change of circumstances in any case where in relation to such change of circumstances there was a statement or representation (whether written or oral) which was to the knowledge of the person making it false or misleading in any material respect or there was any wilful concealment of a material fact,

(ii) in any other case, as from the 1st day of such month as a deciding officer or appeals officer may determine having regard to the change of circumstances.

Payable orders.

112. (1) In the case of benefit payable by means of an order, the Minister shall cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, a claimant or beneficiary shall obtain a book of orders.

(2) A book of orders issued to any person shall remain the property of the Minister.

(3) Any person having a book of orders or any unpaid orders in respect of benefit shall at the request of an officer of the Minister, deliver such orders to such person as the officer may direct.

(4) In the case of child benefit, where a book of orders has been lost or destroyed, the person to whom the book was issued shall notify the Minister immediately in writing of such loss or destruction, and the Minister may issue a new book to that person, subject to such conditions as he thinks fit.

Extinguishment of right to payment.

113. Where benefit (other than child benefit) has been duly awarded to a claimant or beneficiary and is being paid to that person, the right to any sum payable by way of such benefit shall be extinguished where payment thereof is not obtained within 6 months.

Nominated persons.

114. (1) A claimant or beneficiary may nominate another person to receive payment of benefit on his behalf and subject to the consent of the Minister, such benefit may be payable to the person so nominated.

(2) Every nomination under sub-article (1)--

( a ) shall be made to the Minister in the form for the time being approved by him, and

( b ) may be revoked by the claimant or beneficiary on giving notice in writing of that fact to the Minister.

(3) The Minister may withdraw his consent to a nomination under sub-article (1) and in such case the person so nominated shall, on receipt of a notice of such withdrawal, deliver to the Minister the order book issued to him, if any.

Persons unable to act.

115. (1) Where a claimant or beneficiary is--

( a ) unable for the time being to act, or

( b ) under the age of 16 years,

the Minister may, subject to such conditions as he thinks fit, appoint some other person to exercise, on behalf of the claimant or beneficiary, any right or power which the claimant or beneficiary may be entitled to exercise under the Principal Act and any such person may receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary.

(2) An appointment made under sub-article (1) shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.

(3) Anything required to be done by a claimant or beneficiary in relation to benefit may be done as respects a claimant or beneficiary who is unable to act, to the person appointed under sub-article (1) to act on his behalf.

Payment to appointed persons -- generally.

116. (1) The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a claimant or beneficiary, so much of the benefit as is payable in respect of--

( a ) disability benefit, by virtue of sections 34(1) and 34(2),

( b ) unemployment benefit, by virtue of sections 45(1) and 45(2),

( c ) old age (contributory) pension, by virtue of sections 87(1) and 87(2),

( d ) retirement pension, by virtue of sections 91(1) and 91(2),

( e ) invalidity pension, by virtue of sections 99(1) and 99(2),

( f ) survivor's pension, by virtue of section 104(1),

( g ) deserted wife's benefit, by virtue of section 113(1),

( h ) in respect of unemployment assistance--

(i) where the weekly rate payable is a scheduled rate, so much of the assistance as is payable by virtue of sections 121(1)(b)(i) and 121(1)(b)(ii);

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the assistance as is payable by virtue of sections 121(1)(b)(i) and 121(1)(b)(ii), reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate,

( i ) in respect of old age (non-contributory) pension or blind pension, so much of the pension as is payable in respect of a qualified child together with any increase for a spouse,

Provided that, in the case of a person in respect of whom no increase is payable for a spouse, the rate payable in respect of a qualified child of such person shall be so much of the pension as is equal to the difference between the pension actually payable to the claimant and the pension that would be payable to a claimant who has no qualified child when the means as duly calculated in both cases fall within the same range in the appropriate statutory table of rates,

( j ) in respect of pre-retirement allowance--

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of paragraphs (a) and (b) of section 128(1);

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the assistance as is payable by virtue of paragraphs (a) and (b) of section 128(1) reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate, and

( k ) in respect of lone parent's allowance, so much of that allowance as is payable to the claimant or beneficiary in respect of a qualified child by virtue of section 159(1).

(2) The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with family income supplement, on behalf of a claimant or beneficiary.

Payment to appointed person living together with applicant.

117. Notwithstanding the provisions of article 116, 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, for an adult dependant, the Minister may, where 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 34(2), together with one-half of the benefit as is payable by virtue of sections 33 and 34(1),

( b ) in respect of unemployment benefit, so much of the benefit as is payable by virtue of section 45(2), together with one-half of the benefit as is payable by virtue of sections 44 and 45(1),

( c ) in respect of old age (contributory) pension, so much of the pension as is payable by virtue of section 87(2), together with one-half of the pension as is payable by virtue of sections 86 and 87(1),

( d ) in respect of retirement pension, so much of the pension as is payable by virtue of section 91(2), together with one-half of the pension as is payable by virtue of sections 90 and 91(1),

( e ) in respect of invalidity pension, so much of the pension as is payable by virtue of section 99(2) together with one-half of the pension as is payable by virtue of sections 98 and 99(1),

( f ) in respect of unemployment assistance--

(i) where the weekly rate payable is a scheduled rate, so much of the assistance as is payable under section 121(1)(b)(ii) together with one-half of the aggregate sum of the appropriate rate of unemployment assistance as set out in column (2) of Part 1 of the Fourth Schedule to the Principal Act and the increase in assistance payable by virtue of section 121(1)(b)(i),

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the assistance as is payable by virtue of section 121(1)(b)(ii), together with one-half of the aggregate of--

(A) the appropriate rate of unemployment assistance as set out in column (2) of Part 1 of the Fourth Schedule to the Principal Act, and

(B) the increase in assistance payable by virtue of section 121(1)(b)(i),

reduced in proportion that the weekly rate actually payable bears to the applicable scheduled rate;

( g ) in respect of old age (non-contributory) pension or blind pension--

(i) where the weekly rate payable is a scheduled rate, any increase of pension payable in respect of a qualified child by virtue of section 136(1), together with one-half of the aggregate of--

( A ) the rate of pension as set out in column (2) of Part 1 of the Fourth Schedule to the Principal Act, and

( B ) the increase in pension payable by virtue of section 137(a),

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, any increase of pension payable in respect of a qualified child by virtue of section 136(1), together with one-half of the difference between the pension payable to the claimant and any increase of pension payable in respect of a qualified child by virtue of section 136(1), and

( h ) in respect of pre-retirement allowance--

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of paragraph (b) of section 128(1), together with one-half of the aggregate sum of the appropriate rate of pre-retirement allowance as set out in column (2) of Part 1 of the Fourth Schedule to the Principal Act and the increase in allowance payable by virtue of section 128(1)(a),

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of paragraph (b) of section 128(1) together with one-half of the aggregate of--

(A) the appropriate rate of pre-retirement allowance as set out in column (2) of Part 1 of the Fourth Schedule to the Principal Act, and

(B) the increase in allowance payable by virtue of section 128(1)(a),

reduced in the proportion that the weekly rate actually bears to the applicable scheduled rate.

Payments on death.

118. In the case of any benefit, other than child benefit and death grant, on the death of any claimant or beneficiary, the Minister may allow such person as he may think fit to proceed with or to make a claim for such benefit in the name of such claimant or beneficiary.

Sum payable on death -- child benefit.

119. (1) Subject to this Chapter, the Minister may pay a sum payable on death if a claim to such sum is made to him within 6 months of the date of death or such longer time as the Minister may determine, having regard to the circumstances of the particular case.

(2) In this article "sum payable on death" in relation to a deceased person means--

( a ) where he was entitled to child benefit, any sum on account of such benefit which became payable within 6 months before the date of his death but has not been paid,

( b ) where he applied for child benefit for which he was qualified and died before his claim was allowed, any sum which would have become payable on account of such benefit up to the date of his death, if his claim had been allowed immediately before his death.

Distribution of sum payable on death.

120. (1) On the death of a claimant or beneficiary any sum payable in respect of any benefit including a sum payable on death within the meaning of article 119(2) may be paid or distributed by the Minister, without probate or other proof of title of the personal representative of the deceased as follows:--

( a ) where the claimant or beneficiary dies leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the persons receiving that sum,

( b ) where the claimant or beneficiary dies intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the claimant or beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.

(2) The receipt by any person of or over the age of 16 years of any sum paid in accordance with this article shall be a good discharge to the Minister (and, in the case of benefit under Part II, to the Minister and to the Social Insurance Fund) for the sum so paid.

(3) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of 16, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he will apply the sum so paid for the benefit of the person under the age of 16.

(4) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum so paid.

Payments after death.

121. (1) For the purposes of this article--

"continued payment" means benefit payable by virtue section 210(2)(a) or section 210(3)(a);

"deceased beneficiary" means a person in respect of whom a continued payment is payable;

"related person" means the person

( a ) in respect of whom the deceased beneficiary was receiving an increase in respect of an adult dependant, or in respect of whom such an increase would have been payable but for the receipt by the deceased beneficiary's spouse of an old age (non-contributory) pension, a blind pension or a carer's allowance in his own right, or

( b ) in respect of whom the deceased beneficiary was receiving an increase under section 137(a).

(2) A continued payment shall be made to the related person of the deceased beneficiary.

(3) ( a ) Where the related person entitled to a continued payment--

(i) is unable to act, or

(ii) dies and the continued payment includes an increase in respect of a qualified child,

the Minister may appoint some other person to exercise on behalf of such related person any right or power which such related person may be entitled to exercise in relation to the continued payment.

( b ) The receipt of a person appointed to act under this sub-article shall be a good discharge to the Minister (and, in the case of benefit under Part II, to the Minister and to the Social Insurance Fund) for any amounts so paid.

( c ) Where the related person entitled to a continued payment dies and the continued payment does not include an increase in respect of a qualified child the right to the continued payment shall be extinguished.

(4) A continued payment shall be subject to the following conditions:--

( a ) evidence of the death of a deceased beneficiary shall be furnished by or on behalf of the related person;

( b ) the provisions of Chapter 3 of this Part shall not apply to continued payments:

Provided that the application of this paragraph shall not be construed as entitling a related person to a continued payment at a higher rate than the rate of benefit which had been payable to the deceased beneficiary.

(5) ( a ) In any case where the amount of the continued payment is less than the amount of the pension, allowance or benefit which, but for the provisions of section 210(2)(f) would have been payable for the same period, the provisions of the said section shall not apply, but any amount already paid by way of continued payment shall be treated as payment on account of such pension, allowance or benefit.

( b ) In any case where payment has been made to a related person of any pension, allowance or benefit referred to in section 210(2)(f) in respect of the whole or part of the period in respect of which a continued payment is due the amount so paid by way of such pension, allowance or benefit shall be treated as having been paid on account of the continued payment.

( c ) The provisions of section 210(2)(f) and this sub-article shall not apply to a gratuity payable under section 60(7).

(6) In the case of family income supplement, where a claimant or beneficiary dies, payment of the supplement shall continue to be made for a period of 6 weeks, or for the remainder of the 52 week period of payment under section 200 whichever is the lesser, after the date of death to a person who satisfies the Minister that he will apply the supplement for the benefit of any surviving member of the family in respect of which the supplement was payable.

Offences.

122. A person who fails to comply with article 106(1), 112(3) or 114(3) shall be guilty of an offence and shall be liable on summary conviction to the penalties provided for in section 218(1)(a).

Provisions relating to appointments.

123. (1) The Minister may at any time revoke an appointment made under article 115, 116 or 117 and a person appointed may resign on giving to the Minister one month's notice of his intention to do so.

(2) The receipt of benefit by a person appointed under article 114, 115, 116 or 117 shall be a good discharge to the Minister (and, in the case of benefit payable under Part II, to the Minister and to the Social Insurance Fund) of any amount so paid.

CHAPTER 3 Overlapping Benefits

Interpretation.

124. In this Chapter--

"assistance" means any assistance specified in section 118 (1);

"benefit" means any benefit specified in section 30(1).

Payment of disablement benefit with other social welfare payments.

125. (1) Notwithstanding section 209(1) or (2), where disablement benefit and any benefit or assistance (including any increase thereof) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.

(2) For the purposes of sub-article (1), disablement benefit shall not include any increase--

( a ) on account of unemployability by virtue of section 56,

( b ) in respect of an adult dependant or a qualified child by virtue of section 55(4),

( c ) in respect of constant attendance by virtue of section 57.

Payment of orphan's pension with other social welfare payments.

126. (1) Notwithstanding section 209(1) or (2), where orphan's (contributory) allowance, orphan's (non-contributory) pension or death benefit by way of orphan's pension and any payment specified in sub-article (3) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.

(2) Where, in respect of any period, a person who is in receipt of orphan's (contributory) allowance, orphan's (non-contributory) pension or death benefit by way of orphan's pension is also in receipt of blind pension or any payment specified in paragraphs (f) to (j) of sub-article (3), then disability benefit, maternity benefit, unemployment benefit, injury benefit or unemployability supplement shall not be payable to that person in respect of the same period.

(3) The following payments are hereby specified for the purposes of this article:--

( a ) disability benefit,

( b ) maternity benefit,

( c ) unemployment benefit,

( d ) injury benefit,

( e ) unemployability supplement,

( f ) death benefit by way of widow's pension, widower's pension or parent's pension,

( g ) survivor's pension,

( h ) deserted wife's benefit,

( i ) widow's (non-contributory) pension,

( j ) lone parent's allowance.

Payment of half-rate disability benefit etc. to recipients of survivor's pension and other analogous payments.

127. (1) Notwithstanding section 209(1) or (2), where in respect of any period a person is in receipt of a payment specified in sub-article (5) and is also entitled to disability benefit, maternity benefit, unemployment benefit, injury benefit or unemployability supplement in respect of any day in the same period, such disability benefit, maternity benefit, unemployment benefit, injury benefit or unemployability supplement shall, subject to sub-article (2), be reduced by half:

Provided that no increase shall be paid in such benefit in respect of a qualified child or in the case of unemployability supplement no increase by virtue of section 55(4) shall be payable, and in no case shall disability benefit or unemployability supplement be paid to a person who is in receipt of a payment specified in sub-article (5) for any day in excess of 390 days in any period of interruption of employment.

(2) Where, in respect of any period, a person is in receipt of--

( a ) survivor's pension or deserted wife's benefit at a rate less than that specified in Part I of the Second Schedule to the Principal Act, or

( b ) any pension or allowance specified in paragraphs (d) to (g) of sub-article (5) at a reduced rate by reason of means,

and she is also entitled to disability benefit, maternity benefit, unemployment benefit, injury benefit or unemployability supplement, both such payments may be paid to that person in respect of that period:

Provided that the amount payable to that person by way of such disability benefit, maternity benefit, unemployment benefit or injury benefit (including any increase in respect of a qualified child) or by way of unemployability supplement (including an increase payable in respect of a qualified child by virtue of section 55(4)) shall not exceed the aggregate of--

(i) the difference between the amount of such reduced pension, benefit or allowance specified in paragraph (a) or (b) and the maximum scheduled rate of such pension, benefit or allowance, appropriate to the family size, and

(ii) one half of the rate of disability benefit, maternity benefit, unemployment benefit, injury benefit (exclusive of any increase in respect of a qualified child) or unemployability supplement (exclusive of any increase payable in respect of a qualified child by virtue of section 55(4)), as the case may be,

and in no case shall the amount of disability benefit, maternity benefit, unemployment benefit, injury benefit or unemployability supplement so payable exceed the rate of such benefit, allowance or supplement appropriate to the family size, as set out in Part I of the Second Schedule to the Principal Act.

(3) In sub-article (2) "scheduled rate" means the rate of survivor's pension or deserted wife's benefit appropriate to the family size, as set out in Part I of the Second Schedule to the Principal Act, or the rate of widow's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance or lone parent's allowance appropriate to the family size, as set out in Part I of the Fourth Schedule to the Principal Act, as the case may be.

(4) Where, in respect of any period, a person who is in receipt of a payment specified in sub-article (5) is also in receipt of a blind pension, then disability benefit, maternity benefit, unemployment benefit, injury benefit or unemployability supplement shall not be payable to that person in respect of the same period.

(5) The following payments are hereby specified for the purposes of this article:--

( a ) death benefit by way of widow's pension, widower's pension or parent's pension,

( b ) survivor's pension,

( c ) deserted wife's benefit,

( d ) widow's (non-contributory) pension,

( e ) deserted wife's allowance,

( f ) prisoner's wife's allowance,

( g ) lone parent's allowance.

(6) Where, on the 5th day of April, 1990, a person who was in receipt of a payment specified in sub-article (5) was also in receipt of disability benefit or unemployability supplement by virtue of sub-article (1B) of article 4 of the Social Welfare (Overlapping Benefits) Regulations, 1953 ( S.I. No. 14 of 1953 ) (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1987 ( S.I. No. 344 of 1987 )), that person shall, notwithstanding sub-article (1),continue to be entitled to such benefit or supplement until the end of the period of incapacity for work.

Payment of blind pension with other social welfare payments.

128. (1) Notwithstanding section 209(1) or (2), where, in respect of the same period, blind pension and any payment specified in sub-article (2) would be payable to or in respect of a person who has not attained pensionable age, both such payments may be paid to or in respect of that person in respect of that period.

(2) The following payments are hereby specified for the purposes of this article:--

( a ) any benefit other than old age (contributory) pension, retirement pension or invalidity pension,

( b ) any assistance other than unemployment assistance, pre-retirement allowance, old age (non-contributory) pension or carer's allowance.

Payment on account.

129. (1) Where--

( a ) in respect of any period, a payment specified in section 209(1) or (2) (in this article referred to as the "specified payment") has been paid to or in respect of a person who, though entitled to any other payment specified in the said subsection (1) or (2) (in this article referred to as the "other payment"), is not at that time in receipt of such other payment, and

( b ) such specified payment would not have been paid if that person had been in receipt of such other payment, and

( c ) any sum (in this article referred to as the "arrears") accruing in respect of any part of the said period on account of the other payment subsequently becomes payable to that person,

the Minister or the health board, as the case may be, may reduce the arrears by an amount not exceeding the amount paid by way of the specified payment to such person.

(2) Where by a decision on revision or appeal it is decided that benefit or assistance is payable to a person in lieu of family income supplement payable to him by virtue of the original decision, any payments already made on account of the supplement in respect of any period covered by the decision on revision or appeal shall be treated as having been made on account of the benefit or assistance made payable by that decision.

Payment on account of adult dependants and qualified children.

130. (1) Where in respect of any period a person is in receipt of any benefit or assistance, which includes an increase in respect of an adult dependant, and in that period that adult dependant becomes entitled in his own right to any benefit or assistance, any such increase shall be regarded as payment on account of the said benefit or assistance payable to that adult dependant in respect of the said period.

(2) Where in respect of any period a person is in receipt of any benefit or assistance, which includes an increase in respect of a qualified child, and in that period that qualified child becomes entitled in his own right to any benefit or assistance, any such increase shall be regarded as payment on account of the said benefit or assistance payable to that qualified child in respect of the said period.

(3) Where in respect of any period a person is in receipt of any benefit or assistance, which includes an increase in respect of a qualified child, and in that period that person's spouse becomes entitled in his own right to any benefit or assistance which also includes an increase in respect of that qualified child, half of any sums paid to that person in that period in respect of that qualified child shall be regarded as payment on account of the said benefit or assistance.

Supplementary welfare allowance granted to persons in receipt of long-term payments.

131. (1) Any arrears of a relevant payment payable to or in respect of a person, which the Minister, by virtue of section 184, may reduce by the amount of the excess, shall include any such arrears payable to or in respect of the spouse of that person.

(2) In this article "excess" and "relevant payment" have the meanings assigned to them by section 184.

Payment of increase for qualified child where child becomes entitled to payment in his own right.

132. Notwithstanding section 209(1) or (2) where, in respect of any period to which article 8(3)(b) applies, an increase in any payment specified in section 209(1) or (2) is payable in respect of a qualified child and that qualified child becomes entitled to any payment specified in section 209(1) or (2) in his own right, the following provisions shall apply--

( a ) the increase in payment payable in respect of the qualified child shall continue to be paid, and

( b ) the payment to which the qualified child becomes entitled to in his own right shall be reduced by an amount not exceeding the amount of the increase specified in paragraph (a).

Old age (non-contributory) pension -- qualified child.

133. Notwithstanding section 138, where each of a married couple is entitled to old age (non-contributory) pension and, but for this article, they would each be entitled to an increase in such pension in respect of a qualified child, only one such pension shall be increased in respect of such qualified child.

Rounding.

134. Where, by virtue of this Chapter, the amount of any benefit or assistance (including any increase thereof) is reduced, 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 a multiple of 5p.

Saver.

135. (1) Subject to sub-article (2) where, before the 1st day of November, 1991, more than one of the payments specified in section 209(1) or (2) was payable to or in respect of a person in respect of the same period by virtue of article 21(1) of the Social Welfare (Overlapping Benefits) Regulations, 1990 ( S.I. No. 342 of 1990 ), section 209 shall not operate so as to disentitle such person to any such payment.

(2) Where, on the 1st day of November, 1991, more than one of the payments specified in section 209(1) or (2) continued to be payable to or in respect of a person in respect of the same period by virtue of sub-article (1), and that person subsequently ceases to be entitled to any such payment for any period, sub-article (1) shall cease to apply to that person from the date that such payment ceases.

(3) Subject to sub-article (4), where, immediately before the 1st day of November, 1991--

( a ) a disabled person's maintenance allowance,

( b ) an infectious diseases maintenance allowance, or

( c ) an increase in either of the payments specified in paragraph (a) or (b), and

(i) any benefit specified in section 30(1) (other than death benefit by way of a grant in respect of funeral expenses or death grant),

(ii) any assistance specified in section 118(1) (other than supplementary welfare allowance), or

(iii) an increase in any of the payments specified in subparagraph (i) or (ii) of this paragraph,

would be payable to or in respect of a qualified child in respect of the same period, section 209 shall not operate so as to disentitle such person to any such payment.

(4) Where, on or after the 1st day of November, 1991, more than one of the payments specified in sub-article (3) continued to be payable to or in respect of a qualified child in respect of the same period by virtue of sub-article (3), and any such payment subsequently ceases to be payable to or in respect of that person, sub-article (3) shall cease to apply to that person from the date that such payment ceases.

Articles 12(b),

15 (1) (c),

15(3)

SCHEDULE A

Rules of Behaviour for person claiming or in receipt of disability benefit

1. He shall obey any instructions, relating to his behaviour or any other matter concerning his incapacity, of a doctor attending on him or to whom he has attended for medical or other examination in accordance with article 15(2).

2. He shall refrain from behaviour which is likely to retard his recovery.

3. He shall not be absent from his place of residence without leaving word where he may be found.

4. He shall not refuse unreasonably to see an officer of the Minister and he shall answer any reasonable enquiries by any such officer relating to his claim.

5. He shall not engage in work unless it be--

( a ) light work for which no remuneration is, or would ordinarily be, payable,

( b ) work undertaken primarily as a part of his treatment while he is a patient in, or of, a hospital, sanatorium, or other similar institution and his weekly earnings in respect of that work do not exceed £33.30, or

( c ) work under a scheme that is, in the opinion of the Minister, charitable in character and purpose and his weekly earnings in respect of that work do not exceed £33.30.

Articles 18 and 30

SCHEDULE B

Reduced rates of disability and unemployment benefit

Amount of Reckonable weekly earnings	Weekly Rate	Increase for Adult Dependant (where payable)
(1)	(2)	(3)
£	£	£
25 to 34.99	27.40	23.60
35 to 49.99	39.40	23.60
50 to 69.99	47.80	23.60

Article 38

SCHEDULE C

Reduced rates of old age (contributory) pension where contribution conditions are partially satisfied

Yearly Average	Weekly Rate
(1)	(2)
	£
36 to 47	69.20
24 to 35	66.80
20 to 23	65.40

Article 41

SCHEDULE D

Special partial old age (contributory) pension

Average Number of contributions paid or credited per contribution year in the relevant period	Weekly Rate
(1)	(2)
	£
15 to 19	49.00
10 to 14	32.80
5 to 9	16.40

Article 47

SCHEDULE E

Reduced rates of retirement pension where contribution conditions are partially satisfied

Yearly Average (1)	Weekly Rate (2)
	£
36 to 47	69.20
24 to 35	66.80

Article 54

SCHEDULE F

Rules of Behaviour for person entitled to or in receipt of invalidity pension

1. He shall attend for medical or other examination at such time or place as may be required by an officer of the Minister, provided that he has been given not less than 7 days notice in writing.

2. He shall obey any instructions, relating to his behaviour or any other matter concerning his incapacity, of a doctor attending on him or to whom he has attended for medical or other examination in accordance with Rule 1.

3. He shall not refuse unreasonably to see an officer of the Minister and he shall answer any reasonable enquiries by any such officer relating to his claim.

4. He shall not engage in work whether on his own account or on behalf of any other person.

Article 56

SCHEDULE G

Reduced rates of survivor's pension where contribution conditions are partially satisfied

Yearly Average	Weekly Rate
(1)	(2)
	£
36 to 47	63.40
24 to 35	61.60

Article 57

SCHEDULE H

Special partial survivor's pension

Yearly Average	Weekly Rate
(1)	(2)
	£
18 to 23	46.10
12 to 17	30.60
5 to 11	15.30

Article 64

SCHEDULE I

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied

Yearly Average	Weekly Rate
(1)	(2)
	£
36 to 47	63.40
24 to 35	61.60

Article 65

SCHEDULE J

Special partial deserted wife's benefit

Yearly Average	Weekly Rate
(1)	(2)
	£
18 to 23	46.10
12 to 17	30.60
5 to 11	15.30

Article 66(1)(a)

SCHEDULE K

Rates of deserted wife's benefit -- effect of income limit

Aggregate of reckonable income and reckonable earnings.	Weekly Rate
(1)	(2)
£	£
Exceeds 10,000 but does not exceed 11,000	51.60
Exceeds 11,000 but does not exceed 12,000	38.70
Exceeds 12,000 but does not exceed 13,000	25.80
Exceeds 13,000 but does not exceed 14,000	12.90

Article 66(1)(b)

SCHEDULE L

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied -- effect of income limit

Aggregate of reckonable income and reckonable earnings.	Yearly Average 24 to 35	Yearly Average 36 to 47
(1)	(2)	(3)
	Weekly Rate	Weekly Rate
£	£	£
Exceeds 10,000 but does not exceed 11,000	49.20	50.80
Exceeds 11,000 but does not exceed 12,000	37.00	38.00
Exceeds 12,000 but does not exceed 13,000	24.60	25.30
Exceeds 13,000 but does not exceed 14,000	12.40	12.70

Article 66(1)(c)

SCHEDULE M

Special partial deserted wife's benefit -- effect of income limit

Aggregate of reckonable income and reckonable earnings.	Yearly Average 5 to 11	Yearly Average 12 to 17	Yearly Average 18 to 23
(1)	(2)	(3)	(4)
	Weekly Rate	Weekly Rate	Weekly Rate
£	£	£	£
Exceeds 10,000 but does not exceed 11,000	12.30	24.50	36.90
Exceeds 11,000 but does not exceed 12,000	9.20	18.30	27.70
Exceeds 12,000 but does not exceed 13,000	6.20	12.30	18.40
Exceeds 13,000 but does not exceed 14,000	3.10	6.10	9.30

Article 5

SCHEDULE N

Revocations

(1) Number and Year	Title	(2) Extent of Revocation
S.I. No. 2 of 1953	Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) Regulations, 1953	The Whole Regulations.
S.I. No. 4 of 1953	Social Welfare (Disability Benefit, Marriage Benefit and Maternity Benefit) (Voluntary Contributors) (Transitional) Regulations, 1953	The Whole Regulations.
S.I. No. 6 of 1953	Social Welfare (Disability Benefit, Marriage Benefit, Maternity Benefit and Miscellaneous Provisions) (Transitional) Regulations, 1953	The Whole Regulations.
S.I. No. 7 of 1953	Social Welfare (Disability Unemployment and Marriage Benefit) Regulations, 1953	The Whole Regulations.
S.I. No. 375 of 1953	Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, 1953	The Whole Regulations.
S.I. No. 124 of 1954	Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) Regulations, 1954	The Whole Regulations.
S.I. No. 264 of 1954	Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, 1954	The Whole Regulations.
S.I. No. 265 of 1954	Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) (No. 2) Regulations, 1954	The Whole Regulations.
S.I. No. 273 of 1954	Social Welfare (Disability Benefit, Marriage Benefit and Maternity Benefit) (Voluntary Contributors) (Transitional) (Amendment) Regulations, 1954	The Whole Regulations.
S.I. No. 92 of 1955	Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) Regulations, 1955	The Whole Regulations.
S.I. No. 241 of 1955	Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, 1955	The Whole Regulations.
S.I. No. 242 of 1955	Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) (No. 2) Regulations, 1955	The Whole Regulations.
S.I. No. 136 of 1956	Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) Regulations, 1956	The Whole Regulations.
S.I. No. 291 of 1956	Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, 1956	The Whole Regulations.
S.I. No. 239 of 1957	Social Welfare (Unemployment Benefit) (Additional Condition) Regulations,	The Whole Regulations.
S.I. No. 233 of 1958	Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, 1958	The Whole Regulations.
S.I. No. 274 of 1960	Social Welfare (Old Age (Contributory) Pension) Regulations, 1960	The Whole Regulations.
S.I. No. 135 of 1962	Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) Regulations, 1962	The Whole Regulations.
S.I. No. 18 of 1965	Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) Regulations, 1965	The Whole Regulations.
S.I. No. 52 of 1965	Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) (No. 2) Regulations, 1965	The Whole Regulations.
S.I. No. 225 of 1970	Social Welfare (Retirement Pension) Regulations, 1970	The Whole Regulations.
S.I. No. 238 of 1972	Social Welfare (Old Age and Widows' and Orphans' (Contributory) Pensions and Retirement Pension) (Amendment) Regulations, 1972	The Whole Regulations.
S.I. No. 182 of 1974	Social Welfare (Disability and Unemployment Benefit) Regulations, 1974	The Whole Regulations.
S.I. No. 208 of 1974	Social Welfare (Payment of Benefit after Death) Regulations, 1974	The Whole Regulations.
S.I. No. 287 of 1980	Social Welfare (Disability and Unemployment Benefit) (Amendment) (No. 2) Regulations, 1980	The Whole Regulations.
S.I. No. 237 of 1986	Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1986	The Whole Regulations except insofar as they relate to Occupational Injuries Benefits.
S.I. No. 367 of 1986	Social Welfare (Normal Residence) Regulations, 1986	The Whole Regulations.
S.I. No. 369 of 1986	Social Welfare (Adult Dependant) Regulations, 1986	The Whole Regulations.
S.I. No. 263 of 1988	Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988	The Whole Regulations.
S.I. No. 18 of 1989	Social Welfare (Miscellaneous Social Insurance Provisions) (Amendment) Regulations, 1989	The Whole Regulations.
S.I. No. 166 of 1989	Social Welfare (Unemployment Payments) Regulations, 1989	The Whole Regulations.
S.I. No. 137 of 1990	Social Welfare (Adult Dependant) (Amendment) Regulations, 1990	The Whole Regulations.
S.I. No. 280 of 1990	Social Welfare (Normal Residence) (Amendment) Regulations, 1990	The Whole Regulations.
S.I. No. 206 of 1991	Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1991	The Whole Regulations other than Parts 1 and 11.
S.I. No. 261 of 1991	Social Welfare (Full-Time Education) Regulations, 1991	The Whole Regulations.
S.I. No. 279 of 1991	Social Welfare (Family Income Supplement) Regulations, 1991	The Whole Regulations other than article 22 and Schedule A.
S.I. No. 281 of 1991	Social Welfare (Overlapping Benefits) Regulations, 1991	The Whole Regulations.
S.I. No. 314 of 1991	Social Welfare (Old Age (Contributory) Pension and Retirement Pension) Regulations, 1991	The Whole Regulations.
S.I. No. 374 of 1991	Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1991	The Whole Regulations.
S.I. No. 87 of 1992	Social Welfare (Maternity Allowance) Regulations, 1992	The Whole Regulations.
S.I. No. 211 of 1992	Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1992	The Whole Regulations.
S.I. No. 237 of 1992	Social Welfare (Deserted Wife's Benefit) Regulations, 1992	The Whole Regulations.
S.I. No. 309 of 1992	Social Welfare (Child Benefit) Regulations, 1992	The Whole Regulations.
S.I. No. 310 of 1992	Social Welfare (Child Benefit) (Normal Residence) Rules, 1992	The Whole Regulations.
S.I. No. 448 of 1992	Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1992	The Whole Regulations.
S.I. No. 449 of 1992	Social Welfare (Unemployment Benefit) (No. 2) Regulations, 1992	The Whole Regulations.
S.I. No. 9 of 1993	Social Welfare (Old Age (Contributory) Pension and Retirement Pension) (Amendment) Regulations, 1993	The Whole Regulations.
S.I. No. 82 of 1993	Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1993	The Whole Regulations.
S.I. No. 83 of 1993	Social Welfare (Disability Benefit) Regulations, 1993	The Whole Regulations.
S.I. No. 132 of 1993	Social Welfare (Invalidity Pension) Regulations, 1993	The Whole Regulations.
S.I. No. 154 of 1993	Social Welfare (Adult Dependant) (Amendment) Regulations, 1993	The Whole Regulations.
S.I. No. 189 of 1993	Social Welfare (Claims and Payments) Regulations, 1993	The Whole Regulations.
S.I. No. 201 of 1993	Social Welfare (Maternity Allowance) (Amendment) Regulations, 1993	The Whole Regulations.
S.I. No. 232 of 1993	Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1993	The Whole Regulations.
S.I. No. 233 of 1993	Social Welfare (Deserted Wife's Benefit) Regulations, 1993	The Whole Regulations.
S.I. No. 364 of 1993	Social Welfare (Social Assistance) Regulations, 1993	The Whole Regulations other than articles 23 and 24.
S.I. No. 128 of 1994	Social Welfare (Unemployment Benefit) Regulations, 1994	The Whole Regulations.
S.I. No. 230 of 1994	Social Welfare (Maternity Benefit) (Amendment) Regulations, 1994	The Whole Regulations.
S.I. No. 232 of 1994	Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1994	The Whole Regulations.
S.I. No. 233 of 1994	Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1994	Parts III and IV.
S.I. No. 239 of 1994	Social Welfare (Social Assistance) (Amendment) Regulations, 1994	The Whole Regulations.
S.I. No. 241 of 1994	Social Welfare (Family Income Supplement) (Amendment) Regulations, 1994	The Whole Regulations.
S.I. No. 282 of 1994	Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1994	The Whole Regulations.
S.I. No. 310 of 1994	Social Welfare (Claims and Payments) (Amendment) Regulations, 1994	The Whole Regulations.
S.I. No. 316 of 1994	Social Welfare (Social Assistance) (Amendment) (No. 2) Regulations, 1994	The Whole Regulations.
S.I. No. 320 of 1994	Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1994	The Whole Regulations.
S.I. No. 322 of 1994	Social Welfare (Survivor's Pension) Regulations, 1994	The Whole Regulations.

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

this 12th day of December, 1994.

MICHAEL WOODS,

Minister for Social Welfare.

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

GIVEN under the Official Seal of the Minister for Finance, this 13th

day of December, 1994.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations consolidate the regulatory provisions relating to:

-- all of the social insurance payments, other than Occupational Injuries Benefits and Treatment Benefit (Part II);

-- all of the social assistance payments, other than Supplementary Welfare Allowance (Part III);

-- Child Benefit (Part IV);

-- Family Income Supplement (Part V); and

-- related provisions governing the making of claims and payments and the Overlapping Benefits provisions which set out the circumstances in which a person may receive more than one social welfare payment at the same time (Part VI).

In addition to consolidating the existing provisions, the Regulations also provide:

-- that the acceptance of a late claim, heretofore a Ministerial function, will be a matter for decision by a deciding officer, thereby giving the client the right of appeal;

-- for an extension in the categories exempted from having to have 13 paid contributions in the governing contribution year (or certain other years) in order to qualify for Disability Benefit, to include people who immediately before making their claim for Disability Benefit were in receipt of Invalidity Pension;

-- an increase from £24 to £33.30 in the weekly amount which a person in receipt of Disability Benefit may earn from work which he or she may engage in under the prescribed Rules of Behaviour; and

-- a change in the method of calculating the yearly average number of contributions for Deserted Wife's Benefit purposes under which a fraction of a contribution will be rounded to the nearest whole number, thereby bringing these provisions into line with those applying in the case of other social welfare payments.

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	Irish Statutory Instruments
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Irish Statutory Instruments

S.I. No. 417/1994 -- Social Welfare (Consolidated Payments Provisions) Regulations, 1994.