S.I. No. 218/2012 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Qualified Child Increase) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th June, 2012.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 (amended by section 96 of the Ministers and Secretaries (Amendment) Act 2011 (No. 10 of 2011)), 43 , 56 , 66 and 76 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005) and by sections 77A, 102 , 112 , 117 and 122 (amended by section 4 of the Social Welfare Act 2011 (No. 37 of 2011)) of the Social Welfare Consolidation Act 2005 , hereby make the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Qualified Child Increase) Regulations 2012.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2012 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2012.

Definition.

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

Commencement.

3. These Regulations come into operation—

(a) in so far as they relate to illness benefit, health and safety benefit, jobseeker’s benefit, injury benefit and disablement pension, on 2 July 2012,

(b) in so far as they relate to carer’s benefit, State pension (transition) and invalidity pension, on 5 July 2012, and

(c) in so far as they relate to State pension (contributory), on 6 July 2012.

Weekly income limit for increase for qualified child.

4. The Principal Regulations are amended by substituting the following article for article 12:

“Weekly income limit for increase for qualified child.

12. (1) The weekly income prescribed for the purposes of sections 43(4), 56(4), 66(4), 76(4), 77A(3), 102(3), 112(3A), 117(3A) and 122(3A), as calculated or estimated in accordance with article 8, shall be €400.

(2) Sub-article (1) shall not apply in the case of—

(a) any claim for carer’s benefit, State pension (transition) or invalidity pension which is made before 5 July 2012, and

(b) any claim for State pension (contributory) which is made before 6 July 2012.”.

GIVEN under my Official Seal,

25 June 2012.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

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

Section 4 of the Social Welfare Act 2011 provides for discontinuing the current entitlement to the payment of a half-rate qualified child increase where the spouse, civil partner or cohabitant of the beneficiary has weekly income in excess of a prescribed amount in the case of new claimants for Carer’s Benefit, State Pension (Contributory), State Pension (Transition) and Invalidity Pension, with effect from the beginning of July 2012.

These Regulations extend the existing weekly income limit of €400, which currently applies to claimants for Illness Benefit, Health and Safety Benefit, Jobseeker’s Benefit, Injury Benefit and Disablement Pension, to new claimants for Carer’s Benefit, State Pension (Transition) and Invalidity Pension, with effect from 5 July 2012 and to new claimants for State Pension (Contributory), with effect from 6 July 2012.