S.I. No. 324/1999 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance, Preretirement Allowance and Farm Assist) Regulations, 1999.


The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 10 of the Social Welfare Act, 1998 (No. 6 of 1998)), 205 (as amended by sections 17 and 19 of the Social Welfare Act, 1999 (No. 3 of 1999)), 206 (as amended by section 35 of the Social Welfare Act, 1996 (No. 7 of 1996)), 207 (as amended by section 17 of the Social Welfare Act, 1999 ) and 209 (as amended by sections 17 and 19 of the Social Welfare Act, 1999 ) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rules 1(2)(a) (as amended by section 26 of the Social Welfare Act, 1997 (No. 10 of 1997)), Rule 1(2)(t) (as amended by section 26 of the Social Welfare Act, 1997 ), Rule 1(6) (as amended by section 22 of the Social Welfare Act, 1996 ), Rule 1(6A) (inserted by section 10 of the Social Welfare Act, 1998 ) and Rule 1(7) (inserted by section 22 of the Social Welfare Act, 1996 ) of Part I, Rule 1(4) (u) (as amended by section 26 of the Social Welfare Act, 1997 ) of Part II and Rules 1(2), 1(3)(r) and 1(5) of Part IV (inserted by section 16 of the Social Welfare Act, 1999 ) of the Third Schedule to the said Act hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance and Farm Assist) Regulations, 1999.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1999 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1999.

Interpretation.

2. In these Regulations—

“the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 );

“the Regulations of 1995” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) Regulations, 1995 ( S.I. No. 303 of 1995 );

“the Regulations of 1996” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance) Regulations, 1996 ( S.I. No. 375 of 1996 ));

“the Regulations of 1997” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) Regulations, 1997 ( S.I. No. 436 of 1997 ); and

“the Regulations of 1998” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Miscellaneous) Regulations, 1998 ( S.I. No. 187 of 1998 ).

Assessment of property.

3. The Principal Regulations are hereby amended by—

(a) the substitution for article 87(1) (as amended by article 5 of the Regulations of 1997) of the following article:

“Yearly value of property — unemployment assistance, pre-retirement allowance and farm assist.

87. (1) The yearly value of any property mentioned in Rule 1(1) of Part I or Rule 1(2) of Part IV of the Third Schedule to the Principal Act shall be calculated as follows—

(a) in 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 and farm assist—

(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.”, and

(b) the substitution for article 87A (as amended by article (4) of the Regulations of 1995) of the following article:

“Exemption from assessment of property.

87A. (1) The yearly value of any property mentioned in Rules 1(1) of Part I, 1(1) of Part II and 1(2) of Part IV of the Third Schedule to the Principal Act, being property which though capable of investment or profitable use is not invested or put to profitable use by a person, shall not be regarded as the means of a person—

(a) in the case of the house in which the claimant or beneficiary ordinarily resides, where the claimant or beneficiary vacates that house—

(i) on a temporary basis, or

(ii) indefinitely, as a consequence of his old age or incapacity,

or

(b) in any other case, where the claimant or beneficiary has offered the property for sale, for the period, not exceeding 2 years from the date on which the property was offered for sale, in which the property remains unsold.

(2) In this article, ‘house’ means a dwelling house or part of a dwelling house which is, or has been occupied by the claimant or beneficiary as his principal residence or land which he has for his own occupation and enjoyment with that residence as its gardens or grounds up to an area not exceeding one acre.”

Assessment of earnings— unemployment assistance, pre-retirement allowance and farm assist.

4. The Principal Regulations are hereby amended by—

(a) the deletion of articles 89(3) and 89(4) (as amended by article 4(a) of the Regulations of 1996) and 89A (as amended by article 4 of the Regulations of 1998), and

(b) the insertion after article 89C (inserted by article 8 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (One-Parent Family Payment) Regulations, 1996 ( S.I. No. 426 of 1996 )) of the following articles:

“Assessment of claimant's earnings — unemployment assistance and farm assist.

89D. (1) For the purposes of Rule 1(7) of Part I and Rule 1(5) of Part IV of the Third Schedule to the Principal Act, the value of any money derived by a claimant engaged in insurable employment shall be sixty per cent of the average weekly earnings from such employment which that claimant may reasonably expect to receive during the period for which the employment is expected to continue:

Provided always that in the case of a claimant who is not in receipt of an increase under sections 121(1)(b)(ii) or 191N(1)(b) in respect of a qualified child, the average weekly earnings shall be first reduced by £10 for each day on which that claimant is so employed during the week in respect of which unemployment assistance or farm assist is payable.

(2) For the purposes of sub-article (1), the average weekly earnings shall be determined by reference to the gross earnings received from insurable employment in the thirteen weeks preceding the date of claim for unemployment assistance or farm assist or such other period which a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the particular case, less an amount calculated in accordance with sub-article (3).

(3) For the purposes of sub-article (2) the amount shall be the aggregate of —

(a) any allowable contribution referred to in Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employment) Regulations, 1960 ( S.I. No. 28 of 1960 ),

(b) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act, 1997 (No. 39 of 1997),

(c) any contributions payable under section 10(1)(b) and Regulations made under section 11 or section 18,

(d) any contributions payable under section 5 (as amended by section 33 of the Social Welfare Act, 1999 (No. 3 of 1999)) of the Health Contributions Act, 1979 (No. 4 of 1979),

(e) any payment to an organisation registered with the Registrar of Friendly Societies, under the Trade Union Act 1871 c 31,

f) any health insurance contract premium.

Assessment of claimant's seasonal earnings — unemployment assistance and farm assist.

89E. For the purposes of Rules 1(6) of Part 1 and 1(5) of Part IV of the Third Schedule to the Principal Act, the value of any moneys derived by a claimant engaged in insurable employment of a seasonal nature shall be the average weekly earnings from such employment, calculated in accordance with article 89D which he or she may reasonably expect to receive during the period of seasonal employment.

Assessment of spouse's earnings — unemployment assistance, pre-retirement allowance and farm assist.

89F. (1) For the purposes of Rule 1(5) of Part IV of the Third Schedule to the Principal Act, the value of any money derived by the spouse of a farmer for each week in respect of which he or she is engaged in insurable employment shall be the average weekly earnings from that employment calculated in accordance with sub-article (2).

(2) For the purposes of sub-article (1) the average weekly earnings shall be determined by reference to the gross earnings received from that employment in the 13 weeks preceding the date of claim for farm assist or such other period as a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the case less an amount calculated in accordance with sub-article (4).

(3) Other than in the case of disability allowance under Chapter 12 of Part III, the amount prescribed for the purposes of Rule 1(2)(a) of Part 1 of the Third Schedule to the Principal Act shall be an amount calculated in accordance with sub-article (4).

(4) For the purposes of subarticles (2) and (3) the amount shall be the aggregate of—

(a) any allowable contribution referred to in Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employment) Regulations, 1960 ( S.I. No. 28 of 1960 ),

(b) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act, 1997 (No. 39 of 1997),

(c) any contributions payable under section 10(1)(b) and Regulations made under section 11 or section 18,

(d) any contributions payable under section 5 (as amended by section 33 of the Social Welfare Act, 1999 (No. 3 of 1999)) of the Health Contributions Act, 1979 (No. 4 of 1979),x

(e) any payment to an organisation registered with the Registrar of Friendly Societies, under the Trade Union Act 1871 c 31,

(f) any health insurance contract premium,

(g) the first £30, or £120 where the employment is outside the State or Northern Ireland, of weekly earnings where the said employment is in respect of 3 days or less in the week,

(h) the first £45, or £120 where the employment is outside the State or Northern Ireland, of weekly earnings where the said employment is in excess of 3 days in the week,

(i) any travel expenses necessarily and actually incurred, as determined by a deciding officer or an appeals officer, where said employment is in the State,

(j) in the case of farm assist where the spouse of the farmer is engaged in insurable employment on a seasonal basis in the occupation of fishing, one-half of so much of the income derived therefrom as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year.

Assessment of spouse's seasonal earnings — unemployment assistance, pre-retirement allowance and farm assist.

89G. (1) For the purposes of Rule 1(6A) of Part 1 and 1(5) of Part IV of the Third Schedule to the Principal Act, the value of any moneys derived by the claimant's spouse from insurable employment of a seasonal nature shall be the average weekly earnings from such employment calculated in accordance with sub-articles (2) and (3).

(2) For the purposes of sub-article (1) the average weekly earnings shall be calculated by reference to the gross earnings which he or she may reasonably expect to receive during the period of seasonal employment less an amount calculated in accordance with article 89F(4).

(3) For the purposes of sub-article (1), in the absence of any other means of obtaining it, the average weekly earnings may be determined by reference to the gross earnings received from insurable employment of a seasonal nature in the preceding year less an amount calculated in accordance with article 89F(4).

Definitions.

89H. For the purposes of articles 89D(3) and 89F(4)—

‘health insurance contract’ and ‘premium’ have the meaning assigned them in Section 2 of the Health Insurance Act, 1994 (No. 16 of 1994).”

Assessment of means — compensation payments.

5. The Principal Regulations are hereby amended by the substitution for article 90B (as amended by article 5 of the Regulations of 1998) of the following article:

“90B. The income prescribed for the purposes of Rule 1(2)(t) of Part I, Rule 1(4)(u) of Part II and Rule 1(3)(r) of Part IV of the Third Schedule to the Principal Act shall be the yearly value of all income derived from compensation awarded—

(a) by the Compensation Tribunal established by the Minister for Health and Children on 15 December, 1995 or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C from the use of Human Immunoglobulin — Anti-D, whole blood or other blood products, or

(b) to persons who have disabilities caused by Thalidomide.”

Claims and payments.

6. The Principal Regulations are hereby amended by:—

(a) the substitution in article 102 for paragraph (b) of the following paragraph:

“(b) in the case of unemployment benefit, unemployment assistance, pre-retirement allowance, old age (non-contributory) pension, blind pension, carer's allowance and farm assist, the day in respect of which the claim is made,”,

(b) the substitution in article 110(1) for paragraph (a) of the following paragraph:

“(a) in the case of unemployment benefit, disability benefit, disability allowance, unemployment assistance, farm assist and continued payment for qualified children on such days and at such intervals as the Minister may determine in any particular class of case,”,

(c) the insertion in article 116(1) after paragraph (j) of the following paragraph:

“(jj) in respect of farm assist—

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of sections 191N(1)(a) and 191N(1)(b);

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of sections 191N(1)(a) and 191N(1)(b), reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate,”,

(d) the insertion in article 117 after paragraph (h) of the following paragraph:

“(hh) in respect of farm assist—

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable under section 191N(1)(b) together with one half of the aggregate sum of the appropriate rate of farm assist as set out in column (2) of Part I of the Fourth Schedule to the Principal Act and the increase in the allowance payable by virtue of section 191N(1) (a),

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of section 191N(1)(b) together with one half of the aggregate of—

(A) the appropriate rate of farm assist as set out in column (2) of Part I of the Fourth Schedule to the Principal Act, and

(B) the increase in the allowance payable by virtue of section 191N(1)(a),

reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate, and”,

(e) the substitution in paragraph (h)(ii) of article 117 for “scheduled rate, and” of “scheduled rate,”, and

(f) the substitution in article 128(2) (as amended by article 7 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) Regulations, 1996 ( S.I. No. 297 of 1996 )) for paragraph (b) of the following paragraph:

“(b) any assistance other than unemployment assistance, pre-retirement allowance, old age (non-contributory) pension, carer's allowance, disability allowance or farm assist.”.

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GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 5th day of October, 1999.

DERMOT AHERN,

Minister for Social, Community and Family Affairs.

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

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GIVEN under the Official Seal of the Minister for Finance, this 9th day of October, 1999.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

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

These Regulations:

(i) prescribe the method of assessment of earnings from insurable employment for the purposes of determining entitlement to Farm Assist;

(ii) amend existing provisions relating to assessment of earnings from insurable employment for the purposes of Unemployment Assistance by specifying deductions allowable from gross earnings;

(iii) outline the method of assessment of a spouse's earnings from insurable employment for the purposes of Farm Assist and Unemployment Assistance and Pre-Retirement Allowance;

and

(iv) extend the existing claim, payment and overlapping benefit provisions to Farm Assist.