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S.I. No. 9/2004 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Qualified Child Increase) Regulations, 2004

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 ), 34(3A), 41E(3A), 45(3A) and 55(4) (all inserted by section 11 of the Social Welfare Act, 2003 (No. 41 of 2003)) 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. 1) (Qualified Child Increase) Regulations, 2004.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2004 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2004.

Calculation of spouse's income for qualified child increase

2. The Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ) are amended by inserting the following after article 6E (inserted by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase for Qualified Adult) Regulations, 2000 ( S.I. No. 81 of 2000 )):

“6F. The weekly income prescribed for the purposes of section 34(3A), 41E(3A), 45(3A) or 55(4), as calculated or estimated in accordance with article 6B shall be €300.”.

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GIVEN under the Official Seal of the Minister for Social and Family Affairs, this 13th day of January 2004.

MARY COUGHLAN,

Minister for Social and Family Affiars.

EXPLANATORY NOTE.

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

The Social Welfare Act, 2003 provided that, with effect from the 19th January 2004, any increase for a qualified child applicable to unemployment benefit, disability benefit, injury benefit and health and safety benefit will only be payable where the weekly income of the spouse or partner of the claimant does not exceed a prescribed amount.

These regulations provide that such amount to be prescribed shall be €300 per week.