Social Welfare (Consolidation) Act, 1993
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Rate of allowance (including increases for adult and child dependants). |
128.—(1) Subject to this section and section 122, the rate of pre-retirement allowance (in this Chapter referred to as “the scheduled rate”) shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by— | |
[1989, s. 24(1)(b); 1993, s. 15(2)] | ||
(a) the amount set out in column (3) of that Part 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 to an increase under this paragraph in respect of more than one person, and | ||
(b) the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary. | ||
[1989, s. 24(1)(b); 1990, s. 40; S.I. No. 76 of 1990 , A.7] | ||
(2) Pre-retirement allowance shall be payable where— | ||
(a) the weekly means of the claimant or beneficiary do not exceed £2, at the scheduled rate, and | ||
(b) such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2: | ||
Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pre-retirement allowance would be payable is— | ||
(i) equal to or greater than 10p but less than £1, the allowance shall be payable at the weekly rate of £1, and | ||
(ii) less than 10p, the allowance shall not be payable. | ||
[ S.I. No. 76 of 1990 , A.8(1)] | ||
(3) Any increase of pre-retirement allowance payable pursuant to paragraph (b) of subsection (1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary is not an adult dependant and paragraph (b) of subsection (1) shall be construed and have effect accordingly. |