S.I. No. 492/1997 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Increase For Qualified Adult) Regulations, 1997

S.I. No. 492 of 1997.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 11) (INCREASE FOR QUALIFIED ADULT) REGULATIONS, 1997

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 2 (2) and 3 (as amended by section 28 of the Social Welfare Act, 1997 (No. 10 of 1997) ), 4 and 245A (inserted by section 15 of the Social Welfare Act, 1995 (No. 3 of 1995) and amended by section 28 of the Social Welfare Act, 1997 )), 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 Social Welfare (Consolidated Payments Provisions) (Amendment) (No. II) (Increase for Qualified Adult) 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 Commencement

2. These Regulations shall come into operation—

( a ) in so far as it relates to unemployment assistance on the 26th day of November, 1997,

( b ) in so far as it relates to unemployment benefit on the 27th day of November, 1997,

( c ) in so far as it relates to disability benefit or injury benefit on the 1st day of December, 1997,

( d ) in so far as it relates to disability allowance on the 3rd day of December, 1997,

( e ) in so far as it relates to pre-retirement allowance on the 4th day of December, 1997 and

( f ) in so far as it relates to unemployability supplement on the 5th day of December, 1997.

3 Definitions

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 1996" means Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations, 1996 ( S.I. No. 95 of 1996 ).

4 Increase for qualified adult

4. The Principal Regulations are hereby amended by -

( a ) the insertion after article 6B (inserted by the Regulations of 1996) of the following article:

"6C. Where a claimant or beneficiary of disability benefit, unemployment benefit, injury benefit, or unemployability supplement under Part II, unemployment assistance, pre-retirement allowance or disability allowance under Part III, would be entitled to an increase in respect of his or her spouse but for the fact that the spouse's weekly income, calculated or estimated in accordance with article 6B, exceeds the limit prescribed in article 6A, and the said spouse's weekly income, calculated or estimated in accordance with article 6B, is an amount specified in column (1) of Schedule P, there shall be an increase in benefit or assistance, as the case may be, payable at the weekly rate shown opposite that group of amounts in column (2) of the said Schedule.",

( b ) the substitution in article 18 for paragraph (b) of the following paragraph:

" (b) (i) any increase of disability benefit payable under section 34(1), in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 6B, does not exceed the limit prescribed in article 6A, shall be at the weekly rate shown opposite to that group of amounts in column (3) of Schedule B, and

(ii) any increase of disability benefit payable under section 245A, in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 6B, is an amount specified in column (1) of Schedule Q, shall be payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule, and",

( c ) the substitution in article 30 for paragraph (b) of the following paragraph:

" (b) (i) any increase of unemployment benefit payable under section 45(1), in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 6B, does not exceed the limit prescribed in article 6A, shall be at the weekly rate shown opposite to that group of amounts in column (3) of the Schedule B, and

(ii) any increase of unemployment benefit payable under section 245A, in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 6B, is an amount specified in column (1) of Schedule Q, shall be payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule, and", and

( d ) the insertion after Schedule 0 (inserted by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) Regulations, 1996, ( S.I. No. 297 of 1996 ) of the following Schedules:

" Schedule P

Schedule O

Articles 18 and 30

Rates of increases for Qualified Adult, payable with reduced rates of disability and unemployment benefit

"

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 18th day of November, 1997.

 DERMOT AHERN

Minister for Social, Community and Family Affairs.

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

GIVEN under the Official Seal of the Minister for Finance this 20th day of November, 1997.

 CHARLIE McCREEVY

Minister for Finance.

EXPLANATORY NOTE

These Regulations provide for the introduction of tapered increases in respect of Qualified Adult's for recipients of

- Disability Benefit (including graduated rates);

- Unemployment Benefit (including graduated rates);

- Injury Benefit;

- Unemployability Supplement;

- Unemployment Assistance;

- Pre-Retirement Allowance and

- Disability Allowance.

These increases are payable where the spouse's weekly income exceeds £60 but does not exceed £90.