Social Welfare Act, 1999

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Interpretation.

191L.—(1) In this Chapter and in the Third Schedule—

‘farming’ means farming farm land including commonage, which—

(a) is owned, and used for the purposes of husbandry,

(b) is leased, and used for the purposes of husbandry, or

(c) does not form part of a larger holding and is used for the purpose of husbandry,

by the claimant;

‘farmer’ means a person engaged in farming;

‘husbandry’ means the working of the land with the object of extracting the traditional produce of the land;

‘weekly means’ means the yearly means divided by 52:

Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.

(2) For the purpose of this Chapter, means shall be calculated in accordance with the Rules contained in Part IV of the Third Schedule.

Entitlement to allowance.

191M.—(1) Subject to this Act and to regulation made thereunder, an allowance (in this Act referred to as ‘farm assist’) shall be payable to a farmer if—

(a) he or she has attained the age of 18 years and is under pensionable age, and

(b) his or her weekly means, subject to subsection (2), do not exceed the amount of farm assist (including any increases thereof) that would be payable to the farmer under this Chapter if he or she had no means.

(2) Where the spouse of a claimant for farm assist is not the claimant's qulified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 245A, the means of the claimant shall be taken to be one-half the means.

Rate of allowance (including increases for qualified adult and children).

191N.—(1) Subject to this Chapter, the rate (in this Chapter referred to as ‘the scheduled rate’) of farm assist shall be the weekly rate set out in column (2) at reference 11 in Part I of the Fourth Schedule, increased by—

(a) the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that, except where regulations otherwise provide, the claimant or beneficiary shall not be entitled for the same period to an increase of the allowance under this subparagraph in respect of more than one person, and

(b) the appropriate rate set out in column (4) of that Part opposite that reference in respect of each qulified child who normally resides with the claimant or beneficiary.

(2) Farm assist shall be payable—

(a) where the weekly means of the claimant or beneficiary are less than £1, at the scheduled rate,

(b) where such weekly means are equal to £1, at the scheduled rate reduced by £1, and

(c) where 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 farm assist shall be payable.

Amount of payment in respect of qualified child in certain cases.

191O.—Any increase of farm assist payable pursuant to section 191N 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 a qualified adult, and section 191N shall be construed and have effect accordingly.

Total amount payable to a couple

191P.—(1) Subject to subsection (3), where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age (non-contributory) pension, retirement pension or invalidity pension and the other is entitled to farm assist, the total of the amount payable to them by way of such benefit or pension and such farm assist (in this subsection referred to as ‘the relevant amount’) shall not exceed the total amount of benefit or pension, as the case may be, (including any increases thereof, where appropriate), or the total amount of farm assist (including any increases thereof, where appropriate), whichever is the greater (in this subsection referred to as ‘the greater amount’) that would be payable if only one of the couple were in receipt of benefit, pension or farm assist, as the case may be, and if the relevant amount would but for this subsection exceed the greater amount, the amount of farm assist payable to the spouse who is entitled to such farm assist shall be reduced by the amount of the excess.

(2) Subject to subsection (3), where one of a couple is entitled to unemployment assistance, pre-retirement allowance, disability allowance or farm assist and the other is entitled to farm assist, the total amount payable to them pursuant to this Act shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance, pre-retirement allowance, disability allowance or farm assist, as the case may be, (including any increases thereof, where appropriate), and each of them shall be entitled to be paid one-half of the amount which would be payable to him or her if only one of the couple were in receipt of the assistance or allowance.

(3) In the case of a farmer who, immediately prior to the payment of farm assist was in receipt of unemployment assistance or pre-retirement allowance or disability allowance and to whom the provisions of sections 122 (1) or (4) or 191E applied, section 32 (2) of the Social Welfare Act, 1999, shall apply as if the farmer continued to receive unemployment assistance or pre-retirement allowance or disability allowance, as the case may be.

(4) In this section ‘couple’ means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.

Disqualifications.

191Q.—(1) A farmer shall be disqualified for receiving farm assist while he or she is—

(a) employed during any week under a scheme administered by An Foras áiseanna Saothair and known as Community Employment,

(b) participating in a scheme administered by the Minister and known as Back-To-Work Allowance,

(c) participating in a scheme administered by the Minister and known as Part-Time-Job Incentive, or

(d) participating in a scheme administered by the Minister and known as Area-Enterprise Allowance.

(2) A farmer shall not be entitled to receive farm assist while attending a course of study, other than in such circumstances and subject to such conditions and for such periods as may be prescribed.

(3) In subsection (2) and (4) ‘academic year’, ‘a course of study’ and ‘institution of education’ have the same meaning as in section 126(2).

(4) In this section, a farmer shall be regarded, subject to regulations made under subsection (2), as attending a course of study—

(a) for the period of 3 months immediately following the completion or the leaving by that person of second level education or the completion of the Leaving Certificate Examination of the Department of Education and Science (whichever is the later),

(b) for the duration of an academic year, or

(c) for the period immediately following the completion of one academic year, other than the final academic year of a course of study, up to the commencement of the following academic year.”.