Social Welfare (Consolidation) Act, 1993
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Rates of assistance and effect of means on rates. |
121.—(1) Subject to this section and to sections 122 and 124, the rate (in this Chapter referred to as “the scheduled rate”) of unemployment assistance shall be— | |
[1992, s. 27(1); 1993, s. 39(6), (7)] | ||
(a) in the case of a person who, in any continuous period of unemployment as construed in accordance with section 120(3), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days, the weekly rate set out in column (2) at reference 1(a) in Part I of the Fourth Schedule , | ||
(b) in any other case, the weekly rate set out in column (2) at reference 1(b) in Part I of the Fourth Schedule , | ||
increased by— | ||
(i) the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has an adult dependant, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of assistance under this subparagraph in respect of more than one person, and | ||
(ii) the appropriate amount set out in column (4) of that Part opposite that reference in respect of each qualified child who normally resides with the claimant or beneficiary. | ||
[1992, s. 27(1); 1993, s. 39(7)] | ||
(2) Unemployment assistance shall be payable where— | ||
(a) the weekly means of the claimant or beneficiary are less than £1, at the scheduled rate, | ||
(b) such weekly means are equal to £1, at the scheduled rate reduced by £1, and | ||
(c) such weekly means exceed £1, at the scheduled rate, reduced by £1 for each amount (if any) of £1 by which those weekly means exceed £1: | ||
Provided that, if the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no unemployment assistance shall be payable. | ||
[1992, s. 27(1); 1993, s. 39(7)] | ||
(3) Notwithstanding paragraph (c) of subsection (2), where the sole means of a claimant for unemployment assistance, who is not one of a couple, are assessed under Rule 1(5) of Part I of the Third Schedule and where the rate of assistance payable to or in respect of such claimant, as calculated in accordance with paragraph (c) of subsection (2), would be a weekly amount which is 10p or more, but less than £5, such person shall be entitled to payment of unemployment assistance at the weekly rate of £5. | ||
[1992, s. 27(1)] | ||
(4) (a) In subsection (3) “couple” means a married couple who are living together or a man and a woman who are not married to each other but are cohabiting as husband and wife. | ||
(b) For the purposes of Rule 1(5) of Part I of the Third Schedule , when applied to subsection (3), “spouse” means each person of a couple in relation to the other. | ||
[1992, s. 27(1)] | ||
(5) In the application of the provisions of subsection (2) in the case of such persons or classes of persons as may be prescribed, regulations may provide for disregarding, in such manner as may be prescribed, any part of the weekly means of a claimant or beneficiary up to an amount not exceeding £2. | ||
[1992, s. 27(1)] | ||
(6) The Minister may, notwithstanding the provisions of regulations made pursuant to subsection (5) providing for weekly means of up to £2 in the case of certain persons or classes of persons to be disregarded, apply the provisions of subsection (2) to such persons or classes of persons at any time. | ||
[1992, s. 27(1)] | ||
(7) Any regulations made under subsection (5) may apply to the whole State or to a specified part or parts of the State. |