S.I. No. 436/1997 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) Regulations, 1997

S.I. No. 436 of 1997.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 8) REGULATIONS, 1997

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 and 57 (as amended by section 39 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

1 Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) Regulations, 1997.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997.

2 Commencement

2. These Regulations shall come into operation on the 16th day of October, 1997.

3 Definition

3. In these Regulations "the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

4 Payment of disablement benefit with other social welfare payments

4. The Principal Regulations are hereby amended by the substitution for sub-article 125(2) of the following sub-article

 " (2) For the purposes of sub-article (1), disablement benefit shall not include an increase

( a ) on account of unemployability by virtue of section 56,

( b ) in respect of a qualified adult or a qualified child by virtue of section 55(4),

( c ) in respect of constant attendance by virtue of section 57, other than where a benefit is payable. " .

5 Pre-retirement allowance.

5. The Principal Regulations are hereby amended by the substitution for sub-article 87(1) of the following sub-article:

 "Yearly value of property - unemployment assistance and pre-retirement allowance.

 87. (1) The yearly value of any property mentioned in Rule 1(1) of Part I of the Third Schedule to the Principal Act shall be calculated as follows

( a ) n the case of unemployment assistance -

 (i) the yearly value of the first £400 of the capital value of the property shall be assessed at 5 per cent., and

 (ii) the yearly value of so much of the capital value of the property as exceeds £400 shall be assessed at 10 per cent., and

( b ) in the case of pre-retirement allowance

 (i) the first £2,000 of the capital value of the property shall be excluded,

 (ii) the yearly value of the next £20,000 of the capital value of the property shall be assessed at 7.5 per cent., and

 (iii) the yearly value of so much of the capital value of the property as exceeds £22,000 shall be assessed at 15 per cent.".

GIVEN under the Official Seal of the Minister for Social,Community and Family Affairs, this 14th day of October, 1997.

DERMOT AHERN

Minister for Social, Community

and Family Affairs.

EXPLANATORY NOTE

This Regulation provides for the payment of Constant Attendance Allowance with Disablement Pension to those in receipt of a social insurance payment.

The Regulation also continues the process of standardising the various methods of assessing capital by extending the revised capital assessment provisions for long term social assistance payments to Pre-Retirement Allowance. Under these provisions, the first £2,000 of capital is disregarded, the next £20,000 is assessed at 7.5% and capital in excess of £22,000 is assessed at 15%.

These provisions come into effect on 16th of October, 1997.