S.I. No. 293/1997 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Homemakers) Regulations, 1997

S.I. No. 293 of 1997.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 5) (HOMEMAKERS) REGULATIONS, 1997

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 4 and 83 (as amended by section 24 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

1 Citation and construction

1. (1) These Regulations may be cited as the construction. Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5)(Homemakers) Regulations, 1997.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 1997.

2 Homemakers

2. The Social Welfare (Consolidated Payments Provisions) Regulations, 1994 (S.I. 417 of 1994) are hereby amended by

( a ) the insertion after article 100 of the following article:

"Application to be regarded as a homemaker.

100A. Other than in the case of a person who is entitled to or in receipt of a Carer's Allowance under Part III or Child Benefit under Part IV, an application to be regarded as a homemaker for the purposes of section 83 (2) shall be made in the form for the time being approved by the Minister. ",

( b ) the insertion after sub-article (4) (inserted by regulation 6(3) of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) Regulations, 1996 ( S.I. No. 189 of 1996 )) of article 101 of the following sub-article:

"(5) A person who makes application to be regarded as a homemaker for the purpose of section 83(2) shall furnish such certificates, documents, information and evidence as may be required by an officer of the Minister for the purposes of deciding such application.", and

( c ) the insertion after article 102 of the following article:

"Prescribed time for making application to be regarded as a homemaker.

 102A. (1) Subject to sub-article (2), an application to be regarded as a homemaker for the purposes of section 83(2) shall be made before the end of the contribution year next following the contribution year in which the person commences as a homemaker.

 (2) Where a person has commenced as a homemaker on or after the 6th day of April, 1994 and not later than the 5th day of April, 1997, an application to be regarded as a homemaker shall be made not later the 5th day of April, 1999.

GIVEN under the Official Seal of the Minister for Social Welfare this 26th day of June, 1997

PROINSIAS DE ROSSA

Minister for Social Welfare

EXPLANATORY NOTE

These Regulations provide for the application to become a Homemaker, for the purposes of Old Age (Contributory) Pension, where a person is not in receipt of Child Benefit or Carer's Allowance. They also provide for the submission of such documents or information as necessary to decide on an application.

The Regulations also specify that the time limit within which an application shall be made as before the end of the contribution year following the contribution year in which they first became a Homemaker or in the case of a person who became a Homemaker on or after 6 April, 1994 and 5 April, 1997, they must apply before 5 April, 1999.