S.I. No. 846/2004 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Miscellaneous Provisions) Regulations 2004

The Minister for Social and Family Affairs in exercise of the powers conferred on him by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002)) and 158(4) (as amended by section 21 (1) of the Social Welfare Act, 2001 (No. 5 of 2001)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following regulations:

Citation.

1. (1) These regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Miscellaneous Provisions) Regulations 2004.

(2) These regulations and the Social Welfare (Consolidated Payment Provisions) Regulations 1994 to 2003 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payment Provisions) Regulations 1994 to 2004.

Commencement.

2. These regulations shall come into operation on 6 January, 2005.

Definitions.

3. In these regulations

“the Principal Regulations” means the Social Welfare (Consolidated Payment Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

Continued entitlement to payment — one-parent family payment.

4. The Principal Regulations are amended by inserting the following after article 83:

“(1) Subject to sub-article (3), where a person who has been in receipt of one parent family payment for a period of 52 consecutive weeks, ceases to be entitled to the payment by virtue of their gross weekly earnings exceeding the amount specified in section 158(3), he or she shall, notwithstanding the provisions of the said section, continue to be entitled to the said payment, calculated in accordance with sub-article (2), for a period of 6 months commencing from the date on which, but for this article, that person would have ceased to be so entitled:

Provided that he or she continues to satisfy the conditions for entitlement other than that specified in section 158(3).

(2) In the case of a person to whom sub-article (1) applies, one parent family payment shall be payable at an amount equal to 50 per cent of the weekly rate payable to the qualified parent immediately before the day on which, but for this article, the qualified parent would have ceased to be entitled to the payment:

Provided that 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.

(3) Where a person has been entitled to a payment in accordance with sub-article (1) for a period of 6 months (whether continuous or not) he or she shall not be entitled to any further payment under that sub-article.”.

EXPLANATORY NOTE.

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

These regulations provide, where a recipient of one parent family payment exceeds the weekly income threshold of €293, for the circumstances in which the recipient may receive for a further 6 months, a transitional one parent family payment payable at half rate.

These regulations come into operation on 6 January, 2004.