S.I. No. 164/1999 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) Regulations, 1999.


The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by section 19 of the Social Welfare Act, 1999 (No. 3 of 1999)), 3 (as amended by section 17 of the Social Welfare Act, 1999 ), 4, 32 (as amended by section 24 of the Social Welfare Act, 1999 ), 41B (inserted by the European Communities (Social Welfare) Regulations, 1995 ( S.I. No. 25 of 1995 ) and amended by section 24 of the Social Welfare Act, 1999 ), 43 (as amended by section 24 of the Social Welfare Act, 1999 ), 84 (as amended by section 21 of the Social Welfare Act, 1999 ), 89 (as amended by section 12 of the Social Welfare Act, 1997 (No. 10 of 1997)), 102 (as amended by section 27 of the Social Welfare Act, 1996 (No. 7 of 1996)), 111 and 245A (as 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:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) Regulations, 1999.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1999 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1999.

Commencement.

2. These Regulations shall come into operation—

(a) in so far as it relates to unemployment assistance on the 26th day of May, 1999,

(b) in so far as it relates to unemployment benefit, on the 27th day of May, 1999,

(c) in so far as it relates to disability benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit on the 31st day of May, 1999.

(d) in so far as it relates to disability allowance, on the 2nd day of June, 1999,

(e) in so far as it relates to retirement pension, pre-retirement allowance and a relevant payment by virtue of section 18 (1) (a) of the Social Welfare Act, 1996 , on the 3rd day of June, 1999, and

(f) in so far as it relates to old age (contributory) pension, widow's and widower's (contributory) pension and unemployability supplement on the 4th day of June, 1999.

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 1997” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Increase for Qualified Adult) Regulations, 1997 ( S.I. No. 492 of 1997 );

“the Regulations of 1998” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations, 1998 ( S.I. No. 184 of 1998 ).

Interpretation.

4. In these Regulations, save where the context otherwise requires, a reference to a Schedule is to a Schedule to these Regulations.

Maternity and adoptive benefit.

5. The Principal Regulations are hereby amended by the substitution in article 22 (2) (as amended by article 5 of the Regulations of 1998) for “£83.70” of “£86.70”.

Reduced rates of benefit.

6. The Principal Regulations are hereby amended by—

(a) the substitution for Schedule B (as substituted by article 6 of the Regulations of 1998) thereto of the Schedule set out in Schedule 1,

(b) the substitution for Schedule C (as substituted by article 6 of the Regulations of 1998) thereto of the Schedule set out in Schedule 2,

(c) the substitution for Schedule D (as substituted by article 6 of the Regulations of 1998) thereto of the Schedule set out in Schedule 3,

(d) the substitution for Schedule E (as substituted by article 6 of the Regulations of 1998) thereto of the Schedule set out in Schedule 4,

(e) the substitution for Schedule G (as substituted by article 6 of the Regulations of 1998) thereto of the Schedule set out in Schedule 5,

(f) the substitution for Schedule H (as substituted by article 6 of the Regulations of 1998) thereto of the Schedule set out in Schedule 6,

(g) the substitution for Schedule I (as substituted by article 6 of the Regulations of 1998) thereto of the Schedule set out in Schedule 7,

(h) the substitution for Schedule J (as substituted by article 6 of the Regulations of 1998) thereto of the Schedule set out in Schedule 8,

(i) the substitution for Schedule K (as substituted by article 6 of the Regulations of 1998) thereto of the Schedule set out in Schedule 9,

(j) the substitution for Schedule L (as substituted by article 6 of the Regulations of 1998) thereto of the Schedule set out in Schedule 10,

(k) the substitution for Schedule M (as substituted by article 6 of the Regulations of 1998) thereto of the Schedule set out in Schedule 11, and

(l) the substitution for Schedule MA (as inserted by article 9 of the Regulations of 1998) thereto of the Schedule set out in Schedule 12.

Increase for qualified adult.

7. The Principal Regulations are hereby amended by—

(a) the substitution in article 6C (inserted by article 4 of the Regulations of 1997) for “or disability allowance” of “, disability allowance or farm assist”,

(b) the substitution for Schedule P (as substituted by article 8 of the Regulations of 1998) thereto of the Schedule set out in Schedule 13, and

(c) the substitution for Schedule Q (as substituted by article 8 of the Regulations of 1998) thereto of the Schedule set out in Schedule 14.

SCHEDULE 1

“SCHEDULE B

Articles 18, 25B and 30

Reduced rates of disability, unemployment and health and safety benefits

Amount of reckonable weekly earnings

Weekly Rate

Increase for Qualified Adult (where payable)

(1)

(2)

(3)

£

£

£

25 to 34.99

33.00

28.00

35 to 49.99

47.40

28.00

50 to 69.99

57.60

28.00

”.

SCHEDULE 2

“SCHEDULE C

Article 38

Reduced rates of old age (contributory) pension where contribution conditions are partially satisfied

Yearly Average

Weekly Rate

(1)

(2)

£

36 to 47

86.60

24 to 35

83.70

20 to 23

81.90

15 to 19

66.80

10 to 14

44.50

”.

SCHEDULE 3

“SCHEDULE D

Article 41

Special partial old age (contributory) pension

Average Number of contributions paid or credited per contribution year in the relevant period

Weekly Rate

(1)

(2)

£

15 to 19

66.80

10 to 14

44.50

5 to   9

22.30

”.

SCHEDULE 4

“SCHEDULE E

Article 47

Reduced rates of retirement pension where contribution conditions are partially satisfied

Yearly Average

Weekly Rate

(1)

(2)

£

36 to 47

86.60

24 to 35

83.70

”.

SCHEDULE 5

“SCHEDULE G

Article 56

Reduced rates of widow's (contributory) pension and widower's (contributory) pension where contribution conditions are partially satisfied

Yearly Average

Weekly Rate (Under 66)

Weekly Rate (66 or over)

(1)

(2)

(3)

£

£

36 to 47

76.00

80.80

24 to 35

73.80

78.50

”.

SCHEDULE 6

“SCHEDULE H

Article 57

Special partial widow's (contributory) pension and widower's (contributory) pension

Yearly Average

Weekly Rate (Under 66)

Weekly Rate (66 or over)

(1)

(2)

(3)

£

£

18 to 23

55.40

58.90

12 to 17

36.60

39.10

5 to 11

18.40

19.60

”.

SCHEDULE 7

“SCHEDULE I

Article 64

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied

Yearly Average

Weekly Rate (Under 66)

Weekly Rate (66 or over)

(1)

(2)

(3)

£

£

36 to 47

76.00

80.80

24 to 35

73.80

78.50

”.

SCHEDULE 8

“SCHEDULE J

Article 65

Special partial deserted wife's benefit

Yearly Average

Weekly Rate (Under 66)

Weekly Rate (66 or over)

(1)

(2)

(3)

£

£

18 to 23

55.40

58.90

12 to 17

36.60

39.10

5 to 11

18.40

19.60

”.

SCHEDULE 9

“SCHEDULE K

Article 66 (1) (a)

Rates of deserted wife's benefit — effect of income limit

Aggregate of reckonable income and reckonable earnings

Weekly Rate (Under 66)

Weekly Rate (66 or over)

(1)

(2)

(3)

£

£

£

Exceeds 10,000 but does not exceed 11,000

61.70

65.70

Exceeds 11,000 but does not exceed 12,000

46.30

49.30

Exceeds 12,000 but does not exceed 13,000

30.80

32.80

Exceeds 13,000 but does not exceed 14,000

15.40

16.40

”.

SCHEDULE 10

“SCHEDULE L

Article 66 (1) (b)

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied — effect of income limit

Aggregate of reckonable income and reckonable earnings

Yearly Average 24 to 35 (Under 66)

Yearly Average 36 to 47 (Under 66)

Yearly Average 24 to 35 (66 or over)

Yearly Average 36 to 47 (66 or over)

(1)

(2)

(3)

(4)

(5)

Weekly Rate

Weekly Rate

Weekly Rate

Weekly Rate

£

£

£

£

Exceeds 10,000 but does not exceed 11,000

59.00

60.80

62.80

64.60

Exceeds 11,000 but does not exceed 12,000

44.30

45.60

47.10

48.50

Exceeds 12,000 but does not exceed 13,000

29.50

30.40

31.40

32.30

Exceeds 13,000 but does not exceed 14,000

14.80

15.20

15.70

16.20

”.

SCHEDULE 11

“SCHEDULE M

Article 66 (1) (c)

Special partial deserted wife's benefit — effect of income limit where Claimant is under 66

Aggregate of reckonable income and reckonable earnings

Yearly Average 5 to 11

Yearly Average 12 to 17

Yearly Average 18 to 23

(1)

(2)

(3)

(4)

Weekly Rate

Weekly Rate

Weekly Rate

£

£

£

Exceeds 10,000 but does not exceed 11,000

14.70

29.30

44.30

Exceeds 11,000 but does not exceed 12,000

11.00

22.00

33.20

Exceeds 12,000 but does not exceed 13,000

7.40

14.60

22.20

Exceeds 13,000 but does not exceed 14,000

3.70

7.30

11.10

”.

SCHEDULE 12

“SCHEDULE MA

Article 66 (1) (d)

Special partial deserted wife's benefit — effect of income limit where claimant is aged 66 or over

Aggregate of reckonable income and reckonable earnings

Yearly Average 5 to 11

Yearly Average 12 to 17

Yearly Average 18 to 23

(1)

(2)

(3)

(4)

Weekly Rate

Weekly Rate

Weekly Rate

£

£

£

Exceeds 10,000 but does not exceed 11,000

15.70

31.30

47.10

Exceeds 11,000 but does not exceed 12,000

11.80

23.50

35.30

Exceeds 12,000 but does not exceed 13,000

7.80

15.60

23.60

Exceeds 13,000 but does not exceed 14,000

3.90

7.80

11.80

”.

SCHEDULE 13

“SCHEDULE P

Article 6C

Rates of increases for Qualified Adult

Qualified adult weekly income, calculated or estimated in accordance with article 6B

Increase in respect of qualified adult

(1)

(2)

£

£

Exceeds 60.00 but does not exceed 65.00

36.70

Exceeds 65.00 but does not exceed 70.00

30.20

Exceeds 70.00 but does not exceed 75.00

23.80

Exceeds 75.00 but does not exceed 80.00

17.30

Exceeds 80.00 but does not exceed 85.00

10.80

Exceeds 85.00 but does not exceed 90.00

4.30

Exceeds 90.00

nil

”.

SCHEDULE 14

“SCHEDULE Q

Article 18 and 30

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

Qualified adult weekly income, calculated or estimated in accordance with article 6B

Increase in respect of qualified adult

(1)

(2)

£

£

Exceeds 60.00 but does not exceed 65.00

23.80

Exceeds 65.00 but does not exceed 70.00

19.40

Exceeds 70.00 but does not exceed 75.00

15.10

Exceeds 75.00 but does not exceed 80.00

10.80

Exceeds 80.00 but does not exceed 85.00

6.50

Exceeds 85.00 but does not exceed 90.00

2.20

Exceeds 90.00

nil

”.

/images/seal.jpg

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs this 25th day of May, 1999.

DERMOT AHERN,

Minister for Social, Community and Family Affairs.

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

/images/seal.jpg

GIVEN under the Official Seal of the Minister for Finance this 25th day of May, 1999.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

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

The Social Welfare Act, 1999 provided for increases in the maximum rates of social insurance payments arising from the 1999 Budget, with effect from June 1999.

These Regulations provide for increases in the reduced rates of Disability Benefit, Unemployment Benefit, Health and Safety Benefit, Old Age (Contributory) Pension, Retirement Pension, Widow's and Widower's (Contributory) Pension, Deserted Wife's Benefit, and also provides for increases in the rates of tapered increases in respect of Qualified Adults. All of these increases are effective from June 1999.

The Regulations also provide for increases in the minimum weekly rate of Maternity Benefit and Adoptive Benefit with effect from June 1999.