S.I. No. 263/1988 - Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
- ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
- ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1988 S.I. No. 263/1988 - Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988. S.I. No. 263/1988 - Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988. AmendmentsLeasuithe S.I. No. 263 of 1988. SOCIAL WELFARE (MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) REGULATIONS, 1988. The Minister for Social Welfare in exercise of the powers conferred on him by sections 3 , 79 , 93 and 101 of the Social Welfare (Consolidation) Act, 1981 , (No. 1 of 1981) as amended by the Social Welfare Act, 1988 (No. 7 of 1988) hereby makes the following Regulations: 1. These regulations may be cited as the Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988. 2. In these Regulations:— "the Act of 1981" means the Social Welfare (Consolidation) Act, 1981 ; "the Act of 1973" means the Social Welfare Act, 1973 ; "relevant period" means the period over which the yearly average of contributions is calculated for old age (contributory) pension, widow's (contributory) pension or deserted wife's benefit purposes in accordance with sections 79
(1), 93
(1)or 101
(1)of the Act of
- These Regulations shall come into operation on the 13th day of October, 1988 as respects Deserted Wife's Benefit and on the 14th day of October, 1988 as respects Old Age (Contributory) Pension and as respects Widows' and Orphans' (Contributory) Pensions.
- 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 who would be entitled to old age (contributory) pension but for the fact that the relevant contribution condition set out in subsection
(1)(c) of section 79 of the Act of 1981, is not satisfied and that person is not entitled to pension under regulations made in exercise of the power conferred by subsection
(7)of the said section, the following provisions shall apply:— (
- a)where the average number of contributions paid in respect of or credited to the person per contribution year in the relevant period is less than twenty but not less than five, he shall be entitled to old age (contributory) pension; (
- b)where the average number of such contributions is a number included in one of the groups of numbers specified in the first column of Schedule A to these Regulations, fractions of whole numbers being disregarded, the old age (contributory) pension shall be payable at the appropriate weekly rate shown opposite to the group of numbers in the second column of the said Schedule. (
- c)any increase of pension payable under subsections
(1)or
(2)of section 81 of the Act of 1981, shall be the same as if the contribution condition set out in subsection
(1)(c) of section 79 of the said Act had been fully satisfied. 5. 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 widows (contributory) pension 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 subsection
(1)(
- b)(
- ii)of section 93 of the Act of 1981 is not satisfied and there is no entitlement to a pension under regulations made in exercise of the power conferred by subsection
(4)of the said section, the following provisions shall apply:— (
- a)where the average number of contributions paid in respect of or credited to the person per contribution year in the relevant period is less than twenty four but not less than five there shall be entitlement to widow's (contributory) pension; (
- b)where the average number of such contributions is a number included in one of the groups of numbers specified in the first column of Schedule B to these Regulations, fractions of whole numbers being disregarded, the widow's (contributory) pension shall be payable at the appropriate weekly rate shown opposite to that group of numbers in the second column of the said Schedule. (
- c)any increase of pension payable under subsection
(1)of section 95 of the Act of 1981 shall be the same as if the contribution condition set out in subsection
(1)(
- b)(
- ii)of section 93 of the said Act had been fully satisfied. 6. 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 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 subsection
(1)(
- b)(
- ii)of section 101 of the Act of 1981 is not satisfied and there is no entitlement to benefit under regulations made in exercise of the power conferred by subsection
(4)of the said section, the following provisions shall apply:— (
- a)where the average number of contributions paid in respect of or credited to the person per contribution year in the relevant period is less than twenty four but not less than five there shall be entitlement to deserted wife's benefit; (
- b)where the average number of such contributions is a number included in one of the groups of numbers specified in the first column of Schedule B to these Regulations, fractions of whole numbers being disregarded, the deserted wife's benefit shall be payable at the appropriate weekly rate shown opposite to that group of numbers in the second column of the said Schedule. (
- c)any increase of benefit payable under subsection
(1)of section 103 of the Act of 1981 shall be the same as if the contribution condition set out in subsection
(1)(
- b)(
- ii)of section 101 of the said Act had been fully satisfied. Schedule A Average number of contributions paid or credited per contribution year in the relevant period. Weekly Rate Pensioner aged under 80 years Pensioner aged 80 years or over 15 to 19 39.30 42.20 10 to 14 26.20 28.10 5 to 9 13.10 14.10 Schedule B Average number of contributions paid or credited per contribution year in the relevant period. Weekly rate Person aged under 66 years Person aged 66 years or over but under 80 years Person aged 80 years or over 18 to 23 36.20 37.00 39.50 12 to 17 24.20 24.70 26.40 5 to 11 12.10 12.30 13.20 GIVEN under the Official Seal of the Minister for Social Welfare this 13th day of October 1988. MICHAEL WOODS, Minister for Social Welfare. The Minister for Finance hereby sanctions the foregoing Regulations. GIVEN under the Official Seal of the Minister for Finance this 13th day of October 1988. RAY MacSHARRY, Minister for Finance. EXPLANATORY NOTE. The Regulations provide entitlement to old age (contributory) pensions from mid October, 1988 on a pro-rata basis for certain persons who came back into insurance on the abolition of the earnings limit for liability for social insurance contributions in April 1974 but who did not have a sufficient record of contributions to entitle them to pension. The Regulations also provide entitlement to reduced pensions on a similar basis for the widows and deserted wives of such persons. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais