Social Welfare (Overlapping Benefits) Regulations, 1990.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Social Welfare (Overlapping Benefits) Regulations, 1990.
2 Interpretation.
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paragraphs: In these Regulations, unless the context otherwise requires,—
"the Act" means the Social Welfare (Consolidation) Act, 1981 ;
"assistance" means any assistance specified in section 134 (1) of the Act;
"benefit" means any benefit specified in section 17 (1) of the Act.
3 Commencement.
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paragraphs: These Regulations shall come into operation—
( a ) on the 30th day of November, 1990 in the case of widow's (contributory) pension, widow's (non-contributory) pension, widower's (non-contributory) pension and lone parent's allowance payable in respect of a widow or a widower, and
( b ) on the 29th day of November, 1990 in any other case.
4 Revocation of regulations.
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paragraphs: The Regulations specified in column (2) of the Schedule to these Regulations are hereby revoked to the extent specified in column (3) of that Schedule opposite the mention of those Regulations in column (2).
PART II OVERLAPPING BENEFITS PROVISIONS
CHAPTER 1 Concurrent Payment of More than One Social Welfare Payment not Allowed
5 Concurrent payment of more than one social welfare payment not allowed.
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paragraphs: Subject to the Act and these Regulations, where, but for this article, more than one of the following would be payable to or in respect of a person in respect of the same period only one shall be paid—
( a ) any benefit, other than disablement benefit (exclusive of unemployability supplement), death benefit by way of a grant in respect of funeral expenses or death grant,
( b ) any assistance, other than supplementary welfare allowance,
( c ) any increase in any benefit in respect of an adult dependant,
( d ) any increase in any assistance, other than supplementary welfare allowance, in respect of an adult dependant,
( e ) any increase in old age pension or blind pension in respect of a spouse,
( f ) any increase in any benefit in respect of a qualified child, or
( g ) any increase in any assistance, other than supplementary welfare allowance, in respect of a qualified child.
6 Death grant and funeral grant.
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paragraphs: Where, in respect of the death of a person, a death grant and death benefit by way of a grant in respect of funeral expenses would be payable, only one such grant shall be payable.
CHAPTER 2 Overlapping Payments
7 Payment of disablement benefit with other social welfare payments.
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paragraphs: (1) Notwithstanding article 5 of these Regulations, where disablement benefit and any benefit or assistance (including any increase thereof) are 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) of this article disablement benefit shall not include any increase—
( a ) on account of unemployability by virtue of section 45 of the Act, or
( b ) in respect of an adult dependant or a qualified child by virtue of section 44 (3) of the Act, or
( c ) in respect of constant attendance by virtue of section 46 of the Act.
8 Payment of orphan's pension with other social welfare payments.
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paragraphs: (1) Notwithstanding article 5 of these Regulations, 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) of this article are 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) of this article, then disability benefit, maternity allowance, 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 allowance,
( 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 ) widow's (contributory) pension,
( h ) deserted wife's benefit,
( i ) widow's (non-contributory) pension,
( j ) lone parent's allowance.
9 Payment of half-rate disability benefit etc. to recipients of widows pensions and other analogous payments.
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paragraphs: (1) Notwithstanding article 5 of these Regulations, where in respect of any period a person is in receipt of a payment specified in sub-article (5) of this article and is also entitled to disability benefit, maternity allowance, unemployment benefit, injury benefit or unemployability supplement in respect of any day in the same period, such disability benefit, maternity allowance, unemployment benefit, injury benefit or unemployability supplement shall, subject to sub-article (2) of this article, be reduced by half:
Provided that no increase shall be paid in such benefit or allowance in respect of a qualified child or in the case of unemployability supplement no increase by virtue of section 44 (3) of the Act 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) of this article 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—