S.I. No. 81/2000 - Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase For Qualified Adult) Regulations, 2000

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 2(2) and 3 (both amended by section 19 of the Social Welfare Act, 1999 (No. 3 of 1999)), 4 and 245A (as amended by section 28 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 and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase for Qualified Adult) Regulations, 2000.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1999 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000.

Commencement.

2. These Regulations shall come into operation—

(a) in so far as it relates to unemployment assistance and farm assist on 29 March 2000,

(b) in so far as it relates to unemployment benefit on 30 March 2000,

(c) in so far as it relates to disability benefit or injury benefit on 3 April 2000,

(d) in so far as it relates to retirement pension and invalidity pension on 6 April 2000,

(e) in so far as it relates to old age (contributory) pension on 7 April 2000,

(f) in so far as it relates to disability allowance on 5 April 2000,

(g) in so far as it relates to pre-retirement allowance on 6 April 2000,

(h) in so far as it relates to unemployability supplement on 31 March 2000.

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 1999" means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase for Qualified Adult) Regulations, 1999 ( S.I. No. 301 of 1999 ).

Increase for qualified adult.

4. The Principal Regulations are hereby amended by—

(a) the substitution in article 6A (inserted by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations, 1996 ( S.I. No. 95 of 1996 )) of "£60" for "£70" in each place where it occurs.

(b) the insertion after article 6C (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) Regulations, 1999 ( S.I. No. 164 of 1999 )) of the following articles:

"6D. Where a claimant or beneficiary of old age (contributory) pension or retirement pension under Part II, 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 PA or PB, there shall be an increase in pension payable—

(a) in the case of a person to whom section 84(16) or (17) applies, and whose spouse has not attained pensionable age, at half the weekly rate shown opposite that group of amounts in column (2) of Schedule PA,

(b) in the case of any other claimant or beneficiary whose spouse has not attained pensionable age, at the weekly rate shown opposite that group of amounts in column (2) of Schedule PA,

(c) in the case of a person to whom section 84(16) or (17) applies, and whose spouse has attained pensionable age, at half the weekly rate shown opposite that group of amounts in column (2) of Schedule PB, or

(d) in the case of any other claimant or beneficiary whose spouse has attained pensionable age, at the weekly rate shown opposite that group of amounts in column (2) of Schedule PB.

6E. Where a claimant or beneficiary of invalidity pension under Part II 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 PC or PD, there shall be an increase in pension payable—

(a) in the case of a claimant or beneficiary whose spouse has not attained pensionable age, at the weekly rate shown opposite that group of amounts specified in column (2) of Schedule PC, or

(b) in the case of a claimant or beneficiary whose spouse has attained pensionable age, at the weekly rate shown opposite that group of amounts in column (2) of Schedule PD.",

(c) the substitution for Schedule P (as amended by Article 4 of the Regulations of 1999) thereto of the Schedule set out in Schedule 1,

(d) the insertion after Schedule P (as amended by article 4 of the Regulations of 1999) thereto of the Schedules set out in Schedules 2, 3, 4 and 5, and

(e) the substitution for Schedule Q (as amended by article 4 of the Regulations of 1999) thereto of the Schedule set out in Schedule 6.

SCHEDULE 1

"Schedule P

SCHEDULE 2

Rates of increase for Qualified Adult payable with Old Age (Contributory) or Retirement Pension where the qualified adult has not attained pensionable age

SCHEDULE 3

Rates of increase for Qualified Adult payable with Old Age (Contributory) or Retirement Pension where the qualified adult has attained pensionable age

SCHEDULE 4

Rates of increase for Qualified Adult payable with Invalidity Pension where the qualified adult has not attained pensionable age

SCHEDULE 5

Rates of increase for Qualified Adult payable with Invalidity Pension where the qualified adult has attained pensionable age

SCHEDULE 6

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

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

EXPLANATORY NOTE.

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

These Regulations provide for an increase in the income range up to which tapered increases in respect of Qualified Adults are payable. The existing range of £60 to £105 is being adjusted upwards to £70 to £135. The Regulations also provide for extending the tapered Qualified Adult Allowances to include Old Age (Contributory) Pension, Retirement Pension and Invalidity Pension Schemes.

The Regulations now apply to the following schemes:

— Disability Benefit (including graduated rates);

— Unemployment Benefit (including graduated rates);

— Injury Benefit;

— Retirement Pension;

— Invalidity Pension;

— Old Age (Contributory) Pension (including self-employed contributory pension).

— Unemployment Supplement;

— Unemployment Assistance;

— Farm Assist;

— Pre-Retirement Allowance;

— Disability Allowance.