S.I. No. 631/2002 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Increase in Rates) Regulations, 2002

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 2 (as amended by section 7 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002)), 3 (as amended by section 17 of the Social Welfare Act 1999 (No. 3 of 1999)) 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ), 32 (as amended by section 10 of the Social Welfare (Miscellaneous Provisions) Act 2002 ), 39, 41B (inserted by the European Communities (Social Welfare) Regulations, 1995 ( S.I. No. 25 of 1995 ) and amended by sections 10 of the Social Welfare (Miscellaneous Provisions) Act 2002 ), 41I (as amended by sections 10 and 11 of the Social Welfare Act, 1997 ( No. 10 of 1997 )), 43 (as amended by section 10 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ), 84 (as amended by section 37 of the Social Welfare Act, 2001 (No. 5 of 2001)), 89 (as amended by section 37 of the Social Welfare Act 2001 ), 102 (as amended by section 27 of the Social Welfare Act 1996 (No. 7 of 1996)), 111 and 245A (as amended by section 20 of the Social Welfare Act, 2000 (No. 4 of 2000)) 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. 3) (Increase in Rates Regulations, 2002.

(2)  These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2002 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2002.

Commencement.

2.  These Regulations come into operation -

(a)  in so far as they relate to unemployment assistance, pre-retirement allowance and farm assist on 25 December 2002,

(b)  in so far as they relate to unemployment benefit, on 26 December 2002,

(c)  in so far as they relate to disability benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit on 30 December 2002,

(d)  in so far as they relate to disability allowance, on 1 January 2003,

(e)  in so far as they relate to retirement pension, invalidity pension and a relevant payment by virtue of section 18 (1) (a) of the Social Welfare Act, 1996 , on 2 January 2003, and

(f)  in so far as they relate to old age (contributory) pension, widow's and widower's (contributory) pension and unemployability supplement on 3 January 2003.

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 2001” means the Social Welfare (Consolidated Payments Provisions) (Amendment (No. 8) (Increase in Rates) Regulations, 2001 ( S.I. No. 650 of 2001 ).

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 amended by the substitution in article 22 (2) (as amended by article 6(a) of the Regulations of 2001) for “EUR 135.60” of “EUR 141.60”.

Reduced rates of benefit.

6.  The Principal Regulations are amended by -

(a)  the substitution for Schedule B (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 1,

(b)  the substitution for Schedule C (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 2,

(c)  the substitution for Schedule D (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 6,

(d)  the substitution for Schedule E (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 7,

(e)  the substitution for Schedule G (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 8,

(f)   the substitution for Schedule H (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 9,

(g)  the substitution for Schedule I (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 10,

(h)  the substitution for Schedule J (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 11,

(i)   the substitution for Schedule K (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 12,

(j)   the substitution for Schedule L (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 13,

(k)  the substitution for Schedule M (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 14, and

(l)   the substitution for Schedule MA (as substituted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 15.

Increase for qualified adult.

7.  The Principal Regulations are amended by -

(a)  the substitution in sub-article (3 (inserted by article 5 of the Regulations of 2001) of article 38 of “EUR 102.40” for “EUR 98.50” and of “EUR “95.70” for “EUR 92.40”,

(b)  the substitution in sub-article (3 (inserted by article 5 of the Regulations of 2001) of article 41 of “EUR 102.40” for “EUR 98.50” and of “EUR “95.70” for “EUR 92.40”,

(c)  the substitution for Schedule CA (inserted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 3,

(d)  the substitution for Schedule CB (inserted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 4,

(e)  the substitution for Schedule CC (inserted by article 7 of the Regulations of 2001) thereto of the Schedule set out in Schedule 5,

(f)   the substitution for Schedule P (as substituted by article 8 of the Regulations of 2001) thereto of the Schedule set out in Schedule 16,

(g)  the substitution for Schedule PA (inserted by article 8 of the Regulations of 2001) thereto of the Schedule set out in Schedule 17,

(h)  the substitution for Schedule PB (inserted by article 8 of the Regulations of 2001) thereto of the Schedule set out in Schedule 18,

(i)   the substitution for Schedule PC (inserted by article 8 of the Regulations of 2001) thereto of the Schedule set out in Schedule 19,

(j)   the substitution for Schedule PD (inserted by article 8 of the Regulations of 2001) thereto of the Schedule set out in Schedule 20, and

(k)  the substitution for Schedule Q (as substituted by article 8 of the Regulations of 2001) thereto of the Schedule set out in Schedule 21.

SCHEDULE 1

“SCHEDULE B

Articles 18, 25B and 30

Reduced rates of Disability, Unemployment and Health and Safety Benefits

”.

SCHEDULE 2

“SCHEDULE C

Article 38

Reduced rates of Old Age (Contributory) Pension where contribution conditions are partially satisfied and increases for qualified adult

”.

SCHEDULE 3

“SCHEDULE CA              Articles 38 & 41

Rates of tapered qualified adult allowance payable with reduced rates of Old Age (Contributory) Pension/Retirement Pension where the qualified adult has attained pensionable age.

SCHEDULE 4

“SCHEDULE CB            Articles 38 & 41

Rates of tapered qualified adult allowance payable with reduced rates of Old Age (Contributory) Pension/Retirement Pension where the qualified adult has not attained pensionable age.

”.

SCHEDULE 5

“SCHEDULE CC            Articles 38 & 41

Rates of tapered qualified adult allowance payable with Old Age (Contributory) Pension/Retirement Pension where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001.

”.

SCHEDULE 6

“SCHEDULE D

Article 41

Special partial Old Age (Contributory) Pension

”.

SCHEDULE 7

“SCHEDULE E

Article 47

Reduced rates of Retirement Pension where contribution conditions are partially satisfied

SCHEDULE 8

“SCHEDULE G

Article 56

Reduced rates of Widow's (Contributory) Pension and Widower's (Contributory) Pension where contribution conditions are partially satisfied

”.

SCHEDULE 9

“SCHEDULE H

Article 57

Special partial Widow's (Contributory) Pension and Widower's (Contributory) Pension

”.

SCHEDULE 10

“ SCHEDULE I

Article 64

Reduced rates of Deserted Wife's Benefit where contribution conditions are partially satisfied

SCHEDULE 11

“SCHEDULE J

Article 65

Special partial Deserted Wife's Benefit

”.

SCHEDULE 12

“SCHEDULE K

Article 66(1) (a)

Rates of Deserted Wife's Benefit - effect of income limit

SCHEDULE 13

“SCHEDULE L

Article 66(1)(b)

Reduced rates of Deserted Wife's Benefit where contribution conditions are partially satisfied - effect of income limit

SCHEDULE 14

“SCHEDULE M

Article 66(1)(c)

Special partial Deserted Wife's Benefit - effect of income limit where Claimant is under 66

SCHEDULE 15

“SCHEDULE MA

article 66(1) (d)

Special partial Deserted Wife's Benefit - effect of income limit where claimant is aged 66 or over

SCHEDULE 16

“SCHEDULE P

Article 6C

Rates of increases for Qualified Adult

SCHEDULE 17

“SCHEDULE PA                Article 6D

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

SCHEDULE 18

“Schedule PB            Article 6D”

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

SCHEDULE 19

“Schedule PC            Article 6E”

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

SCHEDULE 20

“Schedule PD            Article 6E”

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

SCHEDULE 21

“SCHEDULE Q”

Articles 18 and 30

Rates of increases 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.)

The Social Welfare Act, 2002 provides for increases in the maximum rates of social insurance payments arising from Budget 2003.

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 the first week in January 2003.

The Regulations also provide for increases in the minimum weekly rate of Maternity Benefit and Adoptive Benefit with effect from January 2003.