S.I. No. 222/1960:

SOCIAL WELFARE (ABSENCE FROM THE STATE) (AMENDMENT) REGULATIONS, 1960.

SOCIAL WELFARE (ABSENCE FROM THE STATE) (AMENDMENT) REGULATIONS, 1960.

I, SEÁN MacENTEE, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 and 31 of the Social Welfare Act, 1952 (No. 11 of 1952), hereby make the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Absence from the State) (Amendment) Regulations, 1960.

(2) The Social Welfare (Absence from the State) Regulations, 1953 ( S.I. No. 17 of 1953 ) and these Regulations may be cited together as the Social Welfare (Absence from the State) Regulations, 1953 and 1960.

2. In these Regulations, "the Principal Regulations" means the Social Welfare (Absence from the State) Regulations, 1953 ( S.I. No. 17 of 1953 ).

3. Article 3 of the Principal Regulations is hereby amended by the insertion after the definition of "the Act" of the following definition:--

"'the Act of 1960' means the Social Welfare (Amendment) Act, 1960 (No. 25 of 1960);".

4. Article 4 of the Principal Regulations is hereby amended by--

(a) the insertion in paragraph (c) of sub-article (1) thereof after the words "orphan's (contributory) allowance" of the words "or an old age (contributory) pension (including benefit under subsection (3) (inserted by section 8 of the Act of 1960) of section 26 of the Act)";

(b) the insertion in sub-article (2) thereof after the words "unemployment benefit" of the words "or old age (contributory) pension";

(c) the insertion in sub-article (3) thereof after the words "section 26 of the Act" of the words "(other than an increase of old age (contributory) pension)"; and

(d) the insertion after sub-article (4) thereof of the following sub-articles:--

"(5) Notwithstanding subsection (2) of section 31 of the Act an increase of old age (contributory) pension under section 26 of the Act in respect of a husband or wife shall be payable while such husband or wife is absent from the State--

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

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

(6) Notwithstanding that a person, by reason of absence from the State, is disqualified by virtue of subsection (1) of section 31 of the Act for receiving an old age (contributory) pension which includes an increase in respect of an adult dependant, the increase shall be payable during such absence to the adult dependant if the adult dependant is not absent from the State or is in Northern Ireland, Great Britain or the Isle of Man."

5. Sub-article (2) of article 5 of the Principal Regulations is hereby amended by the insertion after the words "orphan's (contributory) allowance" of the words "or an old age (contributory) pension (including benefit under subsection (3) (inserted by section 8 of the Act of 1960) of section 26 of the Act)".

GIVEN under my Official Seal this 4th day of November, One Thousand Nine Hundred and Sixty.

SEÁN MacENTEE,

Minister for Social Welfare.

EXPLANATORY NOTE

These Regulations amend the Social Welfare (Absence from the State) Regulations, 1953 ( S.I. No. 17 of 1953 ) by providing that old age (contributory) pension (including benefit payable to a former adult dependant of a deceased old age (contributory) pensioner) shall be payable while the pensioner or his adult dependant is absent from the State in Northern Ireland, Great Britain or the Isle of Man. Pension shall also be payable for the last six months of an absence from the State elsewhere than in Northern Ireland, Great Britain or the Isle of Man, provided that such absence does not exceed twelve months.