S.I. No. 497/2002 - Social Welfare (Temporary Provisions) Regulations, 2002

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002)) and 241 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 (Temporary Provisions) Regulations, 2002.

Definition.

2. In these Regulations “the Principal Act” means the Social Welfare (Consolidation) Act, 1993 .

Christmas bonus.

3. (1) Subject to this article, where a person is or becomes entitled to any benefit, pension, assistance, allowance or payment mentioned in this article, any amount payable to that person by way of that benefit, pension, assistance allowance or payment (including any increase thereof) shall be increased by a sum equal to 100 per cent. of the appropriate weekly amount due to the said person in respect of the week commencing on -

(a) 27 November, 2002 in the case of unemployment assistance payable in accordance with section 121 (1) (a of the Principal Act, farm assist or pre-retirement allowance, or

(b)      4 December, 2002 in the case of disability allowance, or

(c)    5 December, 2002 in the case of retirement pension, invalidity pension, one-parent family payment (other than one-parent family payment payable in respect of a widow or a widower), a relevant payment under section 18 (1) of the Social Welfare Act, 1996 (No. 7 of 1996) or carer's allowance, or

(d)      6 December, 2002 in the case of disablement pension, death benefit under sections 60, 61 or 62 of the Principal Act, old age (contributory) pension, widow's and widower's (contributory pension, orphan's (contributory allowance, old age (non-contributory pension, blind pension, widow's and widower's (non-contributory) pension orphan's (non-contributory pension or one-parent family payment in respect of a widow or widower:

Provided that a person (other than a person who by virtue of Regulations made under section 209 of the Principal Act is in receipt of more than one benefit, pension assistance, allowance or payment) shall not be entitled to more than one such increase.

 (2)   Where on the 5th or the 6th day of December, 2002, as the case may be, a pension is payable to a person by direct credit transfer in accordance with article 108 (2) (c) of the Social Welfare (Consolidated Payments Provisions Regulations, 1994 to 2001, the pension shall be deemed to include, for the purposes of sub-article (1) of this article, the appropriate weekly amount due to that person in respect of the week commencing on 5 December, 2002 in the case of retirement pension and invalidity pension and on 6 December, 2002 in the case of old age (contributory) pension widow's and widower's (contributory pension, orphan's (contributory) allowance death benefit under sections 60, 61 or 62 of the Principal Act, old age (non-contributory) pension, blind pension widow's and widower's (non-contributory pension and orphan's (non-contributory pension.

 (3)   Where the amount of the increase calculated pursuant to sub-article (1) of this article is less than EUR 30, the said increase shall be payable at the amount of EUR 30.

Rounding.

4. Where, by virtue of the provisions of these Regulations, the amount of benefit pension, assistance, allowance or payment (including any increase thereof) is increased, the amount so payable shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

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 the payment of a Christmas Bonus to long-term social welfare recipients, equivalent to 100% of their normal weekly payments, subject to a minimum payment of Eur 30.

The bonus payment applies to recipients of -

-       Disablement Pension,

-       Death Benefit by way of pension,

-       Old Age (Contributory and Non-Contributory) Pension,

-       Retirement Pension,

-       Invalidity Pension,

-       Widow's and Widower's (Non-Contributory) Pension,

-       Widow's and Widower's (Contributory) Pension,

-       Orphan's (Contributory and Non-Contributory) Pension,

-       Pre-Retirement Allowance,

-       Blind Pension,

-       Carer's Allowance,

-       One-parent Family Payment,

-       relevant payments under section 18 (1) of the Social Welfare Act, 1996 (formerly Deserted Wife's Benefit and Allowance and Prisoner's Wife's Allowance),

-       Unemployment Assistance at the long-term rate,

-       Disability Allowance and

-       Farm Assist.