Social Welfare Act, 1998

PART III

Improvements in Social Welfare Schemes

Assessment of means — improvements.

10.—(1) Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by—

>(a) the substitution in paragraph (2)(inserted by section 26(1)(a) of the Act of 1997) for subparagraph (p) of the following subparagraph:

“(p) other than in the case of disability allowance and subject to paragraph (6) and (6A), any moneys earned by him or his spouse from insurable employment of a seasonal nature.”,

>(b) the insertion after paragraph (6)(inserted by section 11(1)(b) of the No. 2 Act of 1995) of the following paragraph:

“(6A) other than in the case of disability allowance, the value of all moneys derived by his or her spouse from insurable employment of a seasonal nature, ascertained in the prescribed manner, during the period in which his or her spouse is engaged in such employment, and the value so calculated shall be deemed to constitute the weekly means of that person from such employment.”,

and

>(c) the substitution in paragraph (2) for subparagraph (r) of the following subparagraph:

“(r) other than in the case of disability allowance, an amount of £2,000 together with one-half of any amount in excess of £2,000 received under the following schemes:

(i) the Rural Environment Protection Scheme administered by the Minister for Agriculture and Food, and

(ii) the Special Areas of Conservation Scheme administered by the Minister for Arts, Heritage, Gaeltacht and the Islands,”.

(2) Rule 1(4) (inserted by section 26(1)(c) of the Act of 1997) of Part II of the Third Schedule to the Principal Act is hereby amended by—

>(a) the insertion after subparagraph (b) of the following sub-paragraph:

“(bb) in the case of carer's allowance, an amount not exceeding the maximum amount set out at column (2), reference 3 of Part I of the Second Schedule, of a payment corresponding to invalidity pension under Chapter 15 of Part II, from another Member State or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238,”,

>(b) the substitution for subparagraph (q) of the following sub-paragraph:

“(q) in the case of old age (non-contributory) pension, an amount of £2,000 together with one-half of any amount in excess of £2,000 received under the following schemes:

(i) the Rural Environment Protection Scheme administered by the Minister for Agriculture and Food, and

(ii) the Special Areas of Conservation Scheme administered by the Minister for Arts, Heritage, Gaeltacht and the Islands,”,

and

(c) the substitution for subparagraph (t) of the following sub-paragraph:

>“(t) for the purposes of old age (non-contributory) pension and widow's and widower's (non-contributory) pension, any moneys received in respect of rent from a person who resides with the claimant or beneficiary and but for the residence of such person the claimant or beneficiary would reside alone,”.

(3) Section 4(4)(a) (as amended by section 26(2) of the Act of 1997) of the Principal Act is hereby amended by the substitution for “and 1(6)” of “, 1(6) and 1(6A)”.

(4) Section 119 (as amended by section 11(3) of the No. 2 Act of 1995) of the Principal Act is hereby amended by the substitution in the definition of “weekly means” for “shall, subject to Rule 1(6)” of “shall, subject to Rule 1(6) or Rule 1(6A), as the case may be,”.