S.I. No. 681/2010 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th January, 2011.

The Minister for Social Protection, in exercise of the powers conferred on him by sections 2 , 3 , 4 , 41 , 49 (amended by section 4 of and Schedule 1 to the Social Welfare Law Reform and Pensions Act 2006 ), 53 , 60 (amended by section 4 of and Schedule 1 to the Social Welfare Law Reform and Pensions Act 2006 ), 64 (amended by section 4 of and Schedule 1 to the Social Welfare Law Reform and Pensions Act 2006 ), 125 , 178A (inserted by section 10 of the Social Welfare Act 2005 ) and 297 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2010.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2010 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2010.

Commencement.

2. These Regulations come into operation—

(a) in so far as they relate to jobseeker’s allowance, preretirement allowance and farm assist, on 29 December 2010,

(b) in so far as they relate to jobseeker’s benefit, on 30 December 2010,

(c) in so far as they relate to illness benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit, on 3 January 2011,

(d) in so far as they relate to disability allowance, on 5 January 2011,

(e) in so far as they relate to invalidity pension, and a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178 of the Principal Act, on 6 January 2011, and

(f) in so far as they relate to widow’s and widower’s (contributory) pension and incapacity supplement, on 7 January 2011.

Definitions.

3. In these Regulations, the “Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ).

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—

(a) in article 32(2), by substituting “€217.80” for “€225.80”, and

(b) in article 33, by substituting “€327.50” for “€337.50”.

Reduced rates of benefit.

6. The Principal Regulations are amended by—

(a) substituting the Schedule set out in Schedule 1 to these Regulations for Schedule 5,

(b) substituting the Schedule set out in Schedule 2 to these Regulations for Schedule 6,

(c) substituting the Schedule set out in Schedule 3 to these Regulations for Schedule 6A, and

(d) substituting the Schedule set out in Schedule 4 to these Regulations for Schedule 11.

Increase for qualified adult.

7. The Principal Regulations are amended—

(a) substituting the Schedule set out in Schedule 5 to these Regulations for Schedule 1,

(b) substituting the Schedule set out in Schedule 6 to these Regulations for Schedule 7, and

(c) substituting the Schedule set out in Schedule 7 to these Regulations for Schedule 4.

SCHEDULE 1

“SCHEDULE 5

Articles 27

Reduced rates of Illness Benefit

”.

SCHEDULE 2

“SCHEDULE 6

Articles 27 and 37

Reduced rates of Illness and Health and Safety Benefits

”.

SCHEDULE 3

“SCHEDULE 6A

Articles 27 and 37

Reduced rates of Illness and Health and Safety Benefits

.”

SCHEDULE 4

“SCHEDULE 11

Articles 80, 81, 87 and 88

Reduced rates of Widow’s (Contributory) Pension, Widower’s (Contributory) Pension and a payment by virtue of paragraph (a) in the definition of “relevant payment” in section 178 where contribution conditions are partially satisfied

”.

SCHEDULE 5

“SCHEDULE 1

Article 9

Rates of increases for Qualified Adult payable with Illness Benefit, Jobseeker’s Benefit, Injury Benefit, Incapacity Supplement, Jobseeker’s Allowance, Pre-Retirement Allowance, Disability Allowance or Farm Assist

.”

SCHEDULE 6

“SCHEDULE 7

Articles 27 and 48

Rates of increases for Qualified Adult payable with reduced rates of Illness and Jobseeker’s Benefits

.”

SCHEDULE 7

“SCHEDULE 4

Article 11.

Rates of increases for Qualified Adult payable with Invalidity Pension

”.

GIVEN under the Official Seal of the Minister for Social Protection,

28 December 2010.

ÉAMON Ó CUÍV,

Minister for Social Protection.

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

GIVEN under the Official Seal of the Minister for Finance,

28 December 2010.

BRIAN LENIHAN,

Minister for Finance.

EXPLANATORY NOTE

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

The Social Welfare Act 2010 provides for changes in the maximum rates of certain social insurance payments arising from Budget 2011.

These Regulations provide for changes in the reduced rates of Illness and Health and Safety Benefits, Widow’s and Widower’s (Contributory) Pension and Deserted Wife’s Benefit, and also provide for changes in the rates of tapered increases in respect of Qualified Adults. All of these changes are effective from the last week in December 2010 to the first week in January 2011.

The Regulations also provide for changes in the minimum and maximum weekly rates of Maternity Benefit and Adoptive Benefit, with effect from 3 January 2011.