S.I. No. 128/2007 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Maternity Benefit and Miscellaneous Provisions) Regulations 2007

S.I. No. 128 of 2007

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 1) (MATERNITY BENEFIT AND MISCELLANEOUS PROVISIONS) REGULATIONS 2007

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)) and 47 (as amended by section 7 of the Social Welfare Act 2005 (No. 30 of 2005)) and reference 19 of Table 2 to Schedule 3 of the Social Welfare Consolidation Act 2005, hereby makes the following Regulations:

Citation and Construction.

1.  (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Maternity Benefit and Miscellaneous Provisions) Regulations 2007.

(2)  These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2007 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2007.

Interpretation.

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

Maternity benefit - amendments on foot of extended periods of maternity leave.

3.  The Principal Regulations are amended -

(a)  in article 20(3) (as amended by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Maternity and Adoptive Benefit) Regulations 2006 (S.I. No. 202 of 2006)) by substituting “24” for “20”, and

(b)  in paragraph (b) of article 20A(3) (as amended by article 10 of the Social Welfare (Consolidated Claims and Payments) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006)) by substituting “12” for “8”.

Miscellaneous provisions for assessment of means.

4.  The Principal Regulations are amended by substituting the following for article 88E (inserted by article 16 of the Social Welfare (Consolidated Claims and Payments) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006)):

“Prescribed activity - exemption of income.

88E. For the purposes of reference 19 in Table 2 of Schedule 3 to the Principal Act, in relation to jobseeker's allowance and pre-retirement allowance, the prescribed incomefrom the harvesting of seaweed shall be 1,270 per year.”.

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

Explanatory Note

[This note is not a part of the Instrument and does not purport to be a legal interpretation]

These Regulations provide for the extension of the duration of payment of Maternity Benefit by 4 weeks, consequential on the extension of paid Maternity Leave. In addition, the regulations provide for a technical amendment by inserting at article 88E a means disregard of 1,270 in relation to the harvesting of seaweed, for the Jobseeker's Allowance and Pre-Retirement Allowance schemes.