S.I. No. 148/2007 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Carer's Income Disregard and Family Income Supplement) Regulations 2007

S.I. No. 148 of 2007

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (CARER'S INCOME DISREGARD AND FAMILY INCOME SUPPLEMENT) 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)), 100 (as amended by section 12 of the Social Welfare and Pensions Act 2007 (No. 8 of 2007)) and 232 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005) and Rules 1(5) and 4(3) of Part 5 (as inserted by section 25 and Schedule 5 of the Social Welfare Law Reform and Pensions Act 2006) of Schedule 3 to the said Act, hereby makes the following Regulations:

Citation and construction.

1.(1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Carer's Income Disregard and Family Income Supplement) Regulations 2007.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007) shall be construed together as one and may be cited as the Social Welfare (Consolidated Claims, Payments and Control Provisions) Regulations 2007.

Commencement.

2. These Regulations come into operation on 5th April 2007.

Definitions.

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

Carer's benefit and carer's allowance - income disregards.

4. The Principal Regulations are amended -

(a)        in article 57 by substituting “ 320” for “ 290” in each place where it occurs, and

(b)        in article 144 by substituting -

(i)        “ 320” for “ 290”, and

(ii)       “ 640” for “ 580”.

Family income supplement - sums disregarded in determining weekly family income.

5. The Principal Regulations are amended in article 174 by substituting the following for paragraph (d):

“(d)      any sums from the investment or profitable use of property (not being property personally used or enjoyed by the person concerned), other than where it consists of income from rent or any other periodical payment receivable for the possession and use of property in all lands, tenements and hereditaments,”.

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

EXPLANATORY NOTE

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

Social Welfare legislation currently provides that a person in receipt of Carer's Benefit may engage in employment or self-employment, subject to a maximum of fifteen hours per week and an income ceiling of 290. Article 4 of these regulations increases the income ceiling to 320 per week, effective from 5th April 2007.

These regulations further provide for an increase in the income disregarded for the purposes of Carer's Allowance. In the case of a single person, the increase is 30 per week, bringing the total amount of the disregard to 320. In the case of a couple, the disregard is increased by 60 per week, to a new total of 640. These changes take effect from 5th April 2007.

In addition, these regulations also provide for the assessment of rental income in determining the income of a family for the purposes of Family Income Supplement.