S.I. No. 187/1992:

SOCIAL WELFARE (TREATMENT BENEFIT) (AMENDMENT) REGULATIONS, 1992.

SOCIAL WELFARE (TREATMENT BENEFIT) (AMENDMENT) REGULATIONS, 1992.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 110 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Treatment Benefit) (Amendment) Regulations, 1992.

(2) These Regulations and the Social Welfare (Treatment Benefit) Regulations, 1954 to 1987, shall be construed together as one and may be cited together as the Social Welfare (Treatment Benefit) Regulations, 1954 to 1992.

2. In these Regulations--

"the Principal Regulations" means the Social Welfare (Treatment Benefit) Regulations, 1954 ( S.I. No. 156 of 1954 );

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 .

3. These Regulations shall come into operation on the 6th day of July 1992.

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

( a ) the substitution for the definition of "dependent spouse" (inserted by article 2 of the Social Welfare (Treatment Benefit) (Amendment) (No. 2) Regulations, 1987 ( S.I. No. 269 of 1987 )) of the following definition:

" 'dependent spouse' means--

( a ) a spouse who is an adult dependant as defined in section 2 (1) of the Principal Act (as amended by section 3 of the Social Welfare (No. 2) Act, 1985 (No. 14 of 1985) and extended by the Social Welfare (Adult Dependant) Regulations, 1986 and 1990), and

( b ) a spouse who would be an adult dependent as so defined, but for the receipt by that spouse of a carer's allowance under Chapter 5B of Part III of the Principal Act in is own right;" and

( b ) the insertion of the following definitions--

" 'a developing country' means any country which the Minister, having regard to the countries so designated by the United Nations Organisation, the World Bank and the International Labour Organisation and after consultation with the Minister for Foreign Affairs, may determine, for the purposes of these Regulations, to be a developing country;

'a non-governmental agency' means any organisation which has as one of its functions the promotion of relief and development in developing countries through the sponsoring or aiding of projects involving the employment of volunteer development workers in those countries;

'relevant contribution year' means the last complete contribution year before the beginning of the benefit year in which the relevant date occurs or, where the claimant has attained pensionable age, either of the last two complete contribution years before the relevant date;

'relevant date' means the date on which benefit is claimed or, where the claimant is over pensionable age, the date on which he attained pensionable age;

'volunteer development worker' means a person who is employed temporarily outside the State in a developing country and has secured such employment either--

( a ) by or through the Agency for Personal Services Overseas or by or through a non-governmental agency in the State, or

( b ) by or through a governmental or non-governmental agency in any Member State of the European Economic Community other than the State, or

( c ) directly with the Government of a developing country,

and who is employed by any of the aforesaid agencies or by the Government of the developing country or by both under conditions of remuneration similar to local conditions applying in the said country and who in the cases referred to at sub-paragraph (b) and (c) was resident in the State immediately prior to taking up such employment.".

5. The Principal Regulations are hereby amended by the substitution for articles 10, 10A and 10B of the following articles:

"10. (1) Subject to these Regulations, a person shall be entitled to treatment benefit if--

( a ) he satisfies the contribution conditions set out in article 10A of these Regulations, and

( b ) does not have an aggregate of reckonable income and reckonable earnings in excess of £25,000 in the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or in such subsequent period as a deciding officer or an appeals officer may consider appropriate.

(2) Paragraph (b) of sub-article (1) of this article shall not apply in the case of a person who has attained pensionable age.

10A. (1) Subject to sub-article (2) of this article and article 10B of these Regulations, the contribution conditions for entitlement to treatment benefit shall be--

( a ) in the case of a claimant who is under the age of 21 years, that he has qualifying contributions in respect of not less than 39 contribution weeks between the date of his entry into insurance and the relevant date,

( b ) in the case of a claimant who is of or over the age of 21 years and under the age of 25 years--

(i) that he has qualifying contributions in respect of not less than 39 contribution weeks between the date of his entry into insurance and the relevant date, and

(ii) that he has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the relevant contribution year, and

( c ) in the case of a claimant who is of or over the age of 25 years--

(i) that he has qualifying contributions in respect of not less than 260 contribution weeks between the date of his entry into insurance and the relevant date, and

(ii) that he has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the relevant contribution year.

(2) In the case of a person who would be entitled to treatment benefit but for the fact that he does not satisfy the condition of having qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year, that person shall be entitled to treatment benefit--

( a ) in the case of a person who has attained pensionable age, if he has qualifying contributions in respect of at least 13 contribution weeks in the contribution year preceding the relevant contribution year or in a subsequent contribution year, and

( b ) in any other case, if he has qualifying contributions in respect of at least 13 contribution weeks

(i) in either of the two contribution years preceding the relevant contribution year, or

(ii) in a subsequent contribution year.

(3) The contribution condition contained in sub-article (1) (c) (ii) of this article requiring the claimant to have qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year shall not apply in the case of a person who has attained pensionable age before the 6th day of July, 1992.

10B. The contribution conditions to be satisfied by a volunteer development worker for treatment benefit in respect of any claim made in the benefit year in which he returns to the State from a developing country or in the next succeeding benefit year shall be--

( a ) that he has qualifying contributions in respect of not less than 26 contribution weeks in the period from his entry into insurance to the relevant date, and

( b ) that he has qualifying or credited contributions in respect of not less than 26 contribution weeks in the relevant contribution year.

10C. (1) A dependent spouse shall be entitled to treatment benefit where--

( a ) the contribution conditions specified in article 10A or 10B of these Regulations, as the case may be, are satisfied by his spouse's insurance, and

( b ) that person's spouse does not have an aggregate of reckonable income and reckonable earnings in excess of £50,000 in the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or in such subsequent period as a deciding officer or appeals officer may consider appropriate.

(2) Paragraph (b) of sub-article (1) of this article shall not apply in the case of the dependent spouse of a person who has attained pensionable age.

10D. On the death of an insured person aged 60 years or over, whose dependent spouse, at the date of the death, was or would have been entitled to treatment benefit under article 10C of these Regulations, the dependent spouse shall continue to be entitled to treatment benefit for as long as that person remains a widow or widower, as the case may be.".

6. Article 7 of the Social Welfare (Special Provisions for Volunteer Workers) Regulations, 1985 ( S.I. No. 161 of 1985 ) is hereby revoked.

GIVEN under the Official Seal of the Minister for Social Welfare this 3rd day of July, 1992.

CHARLIE McCREEVY,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations provide for revised conditions for entitlement to Treatment Benefit, with effect from 6 July, 1992.

The contribution conditions for entitlement to Treatment Benefit are being amended as follows--

*A claimant who is under 21 years must have 39 weeks PRSI contributions paid to qualify for Treatment Benefit.

*A claimant who is aged between 21 and 25 years must have--

-- 39 weeks PRSI contributions paid, and

-- 39 weeks PRSI paid or credited in the governing contribution year, of which 13 must be paid PRSI contributions.

*A claimant who aged between 25 and 66 years must have--

-- 260 weeks PRSI contributions paid, and

-- 39 weeks PRSI paid or credited in the governing contribution year, of which 13 must be paid PRSI contributions.

Where a claimant under age 66 fails to satisfy the eligibility condition of having 13 paid contributions in the governing contribution year, he may still qualify for benefit if he has 13 paid contributions in either of the two contribution years preceding the governing contribution year or in a subsequent contribution year.

*A claimant who is aged 66 years or over must have--

-- 260 weeks PRSI contributions paid, and

-- 39 weeks PRSI paid or credited, of which 13 must be paid PRSI contributions, in either of the 2 contribution years before reaching 66.

The Regulations also provide for an earnings limit for entitlement to Treatment Benefit. A person with income in excess of £25,000 will not be entitled to Treatment Benefit. A dependent spouse will qualify, however, if the other spouse's income does not exceed £50,000. The Regulations also provide that these income limits will not apply in the case of a person aged 66 or over or to his or her dependent spouse.

In addition, the Regulations provide that where a qualified insured person aged 60 years or over dies and his or her dependent spouse was entitled to benefit at the date of death, the spouse will retain entitlement for so long as he or she remains a widow or widower.