Social Welfare Act 2003

Increase for qualified child— amendments.

10.—(1) The Principal Act is amended—

(a) in section 34 (as amended by section 28 of the Act of 1997) by substituting for subsection (3) the following:

“(3) Subject to subsection (3A), any increase of disability benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be construed and have effect accordingly.

(3A) Subsection (3) shall not apply and no increase of disability benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in such manner as may be prescribed, exceeds such amount as may be prescribed.”,

(b) in section 41E (as amended by section 28 of the Act of 1997) by substituting for subsection (3) the following:

“(3) Subject to subsection (3A), any increase of health and safety benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be construed and have effect accordingly.

(3A) Subsection (3) shall not apply and no increase of health and safety benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in such manner as may be prescribed, exceeds such amount as may be prescribed.”,

(c) in section 45 (as amended by section 28 of the Act of 1997) by substituting for subsection (3) the following:

“(3) Subject to subsection (3A), any increase of unemployment benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be construed and have effect accordingly.

(3A) Subsection (3) shall not apply and no increase of unemployment benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in such manner as may be prescribed, exceeds such amount as may be prescribed.”,

and

(d) in section 55 (as amended by section 28 of the Act of 1997) by substituting for subsections (3) and (4) the following:

“(3) Subject to subsection (4), any increase of injury benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be construed and have effect accordingly.

(4) Subsection (3) shall not apply and no increase of injury benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in such manner as may be prescribed, exceeds such amount as may be prescribed.

(5) Subsections (1) and (2) shall, for any period for which the beneficiary is entitled to unemployability supplement, apply to a disablement pension as they apply to injury benefit and any increase pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be construed and have effect accordingly.”.

(2)  (a) Subject to paragraph (b) of this subsection, paragraphs (a), (b), (c) and (d) of subsection (1) of this section shall not apply to a person who, immediately before the coming into operation of this subsection, is entitled to or in receipt of a payment (in this section referred to as the “specified payment”) to which those paragraphs refer in relation to that payment.

(b) Where, for any period, after the coming into operation of paragraph (a) of this subsection, a person referred to in that paragraph ceases to be entitled to or in receipt of such specified payment, paragraph (a) shall no longer apply to that person.

(3) This section comes into operation on 19 January 2004.