S.I. No. 138/1999 - Social Welfare (Liable Relative) Regulations, 1999.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 , 212 (as amended by section 26 of the Social Welfare Act, 1999 (No. 3 of 1999)) and 286 (as amended by section 29 of the Social Welfare Act, 1997 (No. 10 of 1997)) of the Social Welfare (Consolidation Act), 1993 (No. 27 of 1993), hereby makes the following Regulations:

Citation.

1. These Regulations may be cited as the Social Welfare (Liable Relative) Regulations, 1999.

Definitions.

2. In these Regulations—

“allowance” has the meaning assigned to it in section 284(1) (as amended by section 24(4) of the Act of 1998) of the Principal Act;

“Department” means the Department of Social, Community and Family Affairs;

“Inspector” means an inspector appointed under section 212 of the Principal Act;

“liable relative” has the meaning assigned in section 2(5) (as inserted by section 24(1) of the Act of 1998) of the Principal Act;

“order of the Court” has the meaning assigned to it in section 284(1) (as amended by section 29 of the Act of 1997) of the Principal Act;

“qualified child” means a person who is ordinarily resident in the State, is not detained in a reformatory or an industrial school and is under the age of 18 years or is of or over that age and under the age of 22 years and is attending a course of study within the meaning of section 126(3) of the Principal Act;

“the Act of 1996” means the Social Welfare Act, 1996 (No. 7 of 1996);

“the Act of 1997” means the Social Welfare Act, 1997 (No. 10 of 1997);

“the Act of 1998” means the Social Welfare Act, 1998 (No. 6 of 1998);

“the Act of 1999” means the Social Welfare Act, 1999 (No. 3 of 1999); and

“the Principal Act” means the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993).

Interpretation.

3. In these Regulations, save where the context otherwise requires, a reference—

(a) to a Part or section is to a Part or section of the Principal Act,

(b) to a Schedule is to a Schedule to the Principal Act,

(c) to an article is to an article of these Regulations, and

(d) to a sub-article is to a sub-article of the article in which the reference occurs.

Calculation of amount due.

4. (1) The amount which the liable relative is liable to contribute for the purposes of section 286 (as amended by section 29 of the Act of 1997), shall be—

(a) the yearly value of any property belonging to the liable relative (not being property personally used or enjoyed by him or her) which is invested or is otherwise put to profitable use by the liable relative or which, though capable of investment or profitable use, is not invested or put to profitable use by the liable relative, the yearly value of the property being calculated as follows:

(i) the first £2,000 of the capital value of property shall be excluded,

(ii) the yearly value of the next £20,000 of the capital value of the property shall be assessed at 7.5 per cent., and

(iii) the yearly value of so much of the capital value of the property as exceeds £22,000 shall be assessed at 15 per cent.,

but no account shall be taken under any other provision of this article of any appropriation of the property for the purpose of current expenditure, and

(b) gross income, other than income from property assessed under paragraph (a) of this article, actually received or likely to be received in the contribution year in which the calculation of liability is being completed or where in any case a deciding officer or an appeals officer, as the case may be, considers that this period would not be appropriate, any other contribution year which appears to him or her to be appropriate for such purpose,

less the amount of—

(i) any allowable contribution referred to in Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 ) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ),

(ii) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act, 1997 (No. 39 of 1997),

(iii) any contributions payable under section 10(1)(b) and Regulations made under section 11 or section 18,

(iv) any contributions payable under section 5 (as amended by the Act of 1999) of the Health Contributions Act, 1979 (No. 4 of 1979),

(v) any maintenance payments being paid by the liable relative in respect of his or her spouse and/or children, where such maintenance payments have been taken into account in deciding the amount of allowance payable to the said spouse or parent of his or her children,

(vi) an amount, not exceeding £3,900 per annum, of any rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the liable relative is residing:

Provided that, where the liable relative has remarried or is co-habiting as husband and wife with another person who is in employment or self-employment, the amount allowed shall be one-half of the rent or repayment, not exceeding £1,950 per annum.

(2) The amount calculated in accordance with sub-article (1) shall be—

(a) divided by 52, and

(b) further reduced by—

(i) a weekly amount equal to the sum of the amount specified in column 2 of reference 7 of Part I of the Fourth Schedule plus £15, and

(ii) the amount specified in column 4 of reference 7 of Part I of the Fourth Schedule in respect of each qualified child of the liable relative normally residing with him or her and for whom he or she has the main care and charge.

Amount to be paid.

5. (1) Subject to sub-article (2), the weekly amount due to be paid by the liable relative shall be either—

(a) the amount calculated in accordance with article 4, or

(b) the amount of weekly allowance in payment to the person, or parent of the person as the case may be, in respect of whom the liable relative is liable to maintain under Part IX, or

(c) in the case of the qualified child of an unmarried person, an amount not exceeding the maximum amount set out in section 23 of the Family Law Maintenance of Spouses and Children Act, 1976 (inserted by the Courts Act, 1981 (No. 11 of 1981) and amended by the Courts Act, 1991 , (No. 20 of 1991)) in respect of each qualified child,

whichever is the lesser amount, and any fraction of £1 of the amount of contribution due by the liable relative, which is greater than 50p, shall be taken to be £1 and any other such fraction shall be ignored.

(2) Where an amount due under sub-section (1) is less than £2 per week no payment shall be sought from the liable relative.

Transfer of maintenance.

6. Where in accordance with section 298 (as amended by section 17 of the Act of 1996), a person who is in receipt of an allowance transfers to the Department maintenance payments made to him or her in compliance with an order of the Court, then such maintenance payments may offset, in whole or in part, the amount due from the liable relative, as a deciding officer or an appeals officer, as the case may be, shall decide.

Prescribed time for furnishing information.

7. For the purposes of these Regulations a liable relative, his or her employer, or any other person shall furnish such information as may be required for the purposes of deciding the amount which the liable relative is required to contribute, within 7 days of being so requested by an inspector.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations specify the manner in which payments due to the Department by liable relatives of recipients of the One-Parent Family Payment or analogous payments will be calculated and the amount due to be paid.