S.I. No. 94/1995 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations, 1995.

S.I. No. 94 of 1995.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 2) REGULATIONS, 1995.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 4 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), sections 41G, 41I and 41J of that Act (inserted by section 11 of the Social Welfare Act, 1995 (No. 3 of 1995)) and sections 205, 209 and 216 of the said Act, hereby makes the following Regulations:

1 Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations, 1995.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 and 1995 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 and 1995.

2 Commencement.

2. These Regulations shall come into operation on the 19th day of April, 1995.

3 Interpretation.

3. In these Regulations—

"the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 );

"the Regulations of 1995" means the Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations, 1995 ( S.I. No. 26 of 1995 ).

4 Definitions.

4. Article 3 of the Principal Regulations is hereby amended by the insertion after the definition of "academic year" of the following definition:

"'adopting parent' has the meaning assigned to it in section 41G (1);".

5 Adoptive benefit.

5. The Principal Regulations are hereby amended by the insertion after Chapter 2A (inserted by article 7 of the Regulations of 1995) of Part II of the following Chapter:

"Chapter 2B

Adoptive Benefit

Definitions.

25C. In this Chapter 'relevant day' has the meaning assigned to it in section 41H (12).

Volunteer development workers — qualifying conditions.

25D. (1) A volunteer development worker shall be entitled to adoptive benefit where that person would otherwise qualify therefor but for the fact that the contribution conditions in section 41H are not satisfied:

Provided that the condition requiring that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the claimant's entry into insurance and ending immediately before the relevant day is satisfied.

(2) A person who ceases to be a volunteer development worker shall be entitled to adoptive benefit in respect of any claim made in the benefit year in which that person returns to the State from a developing country or in the next succeeding benefit year where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 41H are not satisfied:

Provided that the condition requiring that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the claimant's entry into insurance and ending immediately before the relevant day is satisfied.

Determination of income tax year and prescribed weekly amount for purposes of adoptive benefit.

25E. (1) The income tax year prescribed for the purposes of section 41I shall be the last complete income tax year before the beginning of the benefit year in which the relevant day occurs.

(2) The amount prescribed for the purposes of section 41I (1) (c) shall be the amount specified in article 22 (2).

Calculation of reckonable weekly earnings.

25F. For the purposes of section 41I (2) the reckonable weekly earnings of an adopting parent for any income tax year shall be calculated as that parent's total reckonable earnings for that income tax year divided by the number of qualifying contributions in the said income tax year, fractions of a pound being disregarded, up to the amount specified in article 23.

Disqualification.

25G. An adopting parent shall be disqualified for receiving adoptive benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the adopting parent engages in any occupation other than domestic activities in that parent's own household:

Provided that such disqualification shall not commence earlier than the first day on which the adopting parent engages in such occupation.".

6 Information to be given when making a claim.

6. Article 101 of the Principal Regulations is hereby amended by the insertion after sub-article (3) (as amended by article 8 of the Regulations of 1995) of the following sub-article:

"(3A) The employer of a claimant for adoptive benefit shall, on being so required by an officer of the Minister, furnish to the Minister the following information relating to that claimant—

( a ) certification that the claimant is entitled to adoptive leave under the Adoptive Leave Act, 1995 ,

( b ) the amount of the claimant's gross earnings derived from that employment in respect of any period, and

( c ) any other relevant particulars that may be required for the purposes of determining a claim for adoptive benefit.".

7 Prescribed time for making a claim.

7. Article 102 of the Principal Regulations is hereby amended by the insertion in paragraph (e) (as amended by article 9 of the Regulations of 1995) after "maternity benefit" of "adoptive benefit".

8 Claims made outside prescribed time.

8. Article 104 of the Principal Regulations is hereby amended by—

( a ) the insertion before "105" of "104A," and

( b ) the insertion in paragraph (b) after "health and safety benefit," (inserted by article 10 of the Regulations of 1995) of "adoptive benefit,".

9 Transitional provision.

9. Chapter 1 of Part VI of the Principal Regulations is hereby amended by the insertion after article 104 of the following article:

"104A. Notwithstanding article 104, a person who, having been granted adoptive leave under sections 6 , 9 or 42 of the Adoptive Leave Act, 1995 , as the case may be, before the 19th day April, 1995, shall not be disqualified for receiving adoptive benefit in respect of the period of such leave before the said date:

Provided that the person makes a claim therefor on or before the 1st day of July, 1995.".

10 Payment of orphan's pension with other social welfare payments.

10. Article 126 of the Principal Regulations is hereby amended by—

( a ) the insertion in sub-article (2) after "health and safety benefit," (inserted by article 11 (a) of the Regulations of 1995) of "adoptive benefit,", and

( b ) the insertion in sub-article (3) (as amended by article 11 (b) of the Regulations of 1995) of the following paragraph:

"(bbb) adoptive benefit,".

11 Payment of half rate disability benefit etc. to recipients of survivor's pension etc.

11. Article 127 of the Principal Regulations (as amended by article 12 of the Regulations of 1995) is hereby amended by the insertion after "health and safety benefit," of "adoptive benefit," in each place where those words occur.

GIVEN under the Official Seal of the Minister for Social Welfare, this 18th day of April, 1995.

PROINSIAS DE ROSSA,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 18th day of April, 1995.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE.

Section 11 of the Social Welfare Act 1995 provides for a new scheme of Adoptive Benefit under which benefit will be payable to people granted leave under the Adoptive Leave Act, 1995 .

These Regulations, which come into effect from 19 April, 1995, provide for the maximum and minimum rates of Adoptive Benefit at the same rates as those currently applying to Maternity Benefit that is, £158.90 and £74.20.

In addition the Regulations—

— specify the information to be supplied by employers for the purpose of determining a claim to adoptive benefit,

— provide for consequential amendments to existing claims and payments and overlapping payments provisions arising from the introduction of the new scheme, and

— transitional provisions to enable payment to be made to people entitled to adoptive leave before 19 April, 1995.