S.I. No. 222/2007 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Illness, Jobseeker's, Maternity, Adoptive and Deserted Wife's Benefit) Regulations 2007


S.I. No. 222 of 2007

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (No. 2) (ILLNESS, JOBSEEKER'S, MATERNITY, ADOPTIVE AND DESERTED WIFE'S BENEFIT) REGULATIONS 2007

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4, 41, 50, 61, 64 and 178A of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), 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) (No. 2) (Illness, Jobseeker's, Maternity, Adoptive and Deserted Wife's Benefit) Regulations 2007.

(2)  These Regulations shall be construed as one with the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 and shall be included in the collective citation “the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007”.

Commencement.

2.  These Regulations come into operation -

(a)  in so far as they relate to illness benefit, maternity benefit, adoptive benefit and jobseeker's benefit on 1 May 2007, and

(b)  in so far as they relate to deserted wife's benefit on 3 May 2007.

Definition.

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

Qualifying conditions - illness benefit and jobseeker's benefit.

4.  The Principal Regulations are amended -

(a)  in article 26(1) by substituting the following paragraphs for paragraph (a):

“(a)  the prescribed period, other than in the case of a person to whom section 41(1)(c)(ia) applies, shall be the governing contribution year,

(aa)  the prescribed period for section 41(1)(c)(ia) shall be -

(i)  the governing contribution year, or

(ii)  the governing contribution year applicable to the illness benefit claim referred to in clause (II) of section 41(1)(c)(ia),

whichever is the more favourable,”, and

(b)  in article 47(1) by substituting the following paragraphs for paragraph (a):

“(a)  the prescribed period, other than in the case of a person to whom section 64(1)(c)(ia) applies, shall be the governing contribution year,

(aa)  the prescribed period for section 64(1)(c)(ia) shall be -

(i)  the governing contribution year, or

(ii)  the governing contribution year applicable to the jobseeker's benefit claim referred to in clause (II) of section 64(1)(c)(ia),

whichever is the more favourable,”.

Maternity and adoptive benefit - disqualifications.

5.  The Principal Regulations are amended -

(a)  in article 35 by substituting the following sub-articles for sub-articles (1) and (2):

“(1)  Subject to sub-article (2), a woman shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the woman engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to in paragraph 1, 2, 3 or 6 of Part 2 of Schedule 1 to the Principal Act or any self-employment referred to in paragraph 1 or 5 of Part 3 of Schedule 1 to the said Act.

(2)  A disqualification referred to in sub-article (1) shall -

(a)  commence not earlier than the first day on which the woman engages in any employment referred to in sub-article (1),

(b)  not apply for the day on which the confinement occurs where a woman engages in such employment before the confinement, and

(c)  cease, for any day after the confinement where the woman no longer engages in said employment.”,

and

(b)  by substituting the following article for article 42:

“42.  (1)  Subject to sub-article (2), an adopting parent shall be disqualified for receiving adoptive benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the adopting parent engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to in paragraph 1, 2, 3 or 6 of Part 2 of Schedule 1 to the Principal Act or any self-employment referred to in paragraph 1 or 5 of Part 3 of Schedule 1 to the said Act.

(2)  A disqualification referred to in sub-article (1) shall commence not earlier than the first day on which the adopting parent engages in any employment referred to in sub-article (1).”.

Increase in earnings limit - deserted wife's benefit.

6.  The following article is substituted for article 86 of the Principal Regulations:

“86.  The amount prescribed for the purpose of section 178A(1)(a) shall be 20,000.”.

Abolition of graduated rates based on earnings limit.

7.  The Principal Regulations are amended by deleting -

(a)  article 89, and

(b)  Schedules 12, 13 and 14.

Transitional payment - deserted wife's benefit.

8.  The following article is inserted after article 90, but in Chapter 11, of the Principal Regulations:

“Transitional payment.

90A.  (1)  Subject to sub-article (2), where a woman who has been in receipt of deserted wife's benefit for a period of 52 consecutive weeks, ceases to be entitled to the payment by virtue of her gross annual earnings exceeding the amount specified in article 86, she shall, notwithstanding the provisions of article 86, continue to be entitled to a payment under this article, calculated in accordance with sub-article (3), for a period of 6 months commencing from the date on which her gross annual earnings exceed the amount specified in article 86.

(2)  A payment referred to in sub-article (1), may be made where a woman continues to satisfy the conditions for entitlement to deserted wife's benefit other than that specified in section 178A(1)(a).

(3)  In the case of a woman to whom sub-article (1) applies, the amount payable shall be equal to 50 per cent of the weekly rate payable to the woman immediately before the day on which she ceases to be entitled to deserted wife's benefit and such amount shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

(4)  Where a woman has been entitled to a payment in accordance with sub-article (1) for a continuous period of 6 months she shall not be entitled to any further payment under that sub-article.”.

LS

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GIVEN under the Official Seal of the Minister for Social and Family Affairs

27 April 2007.

SÉAMUS BRENNAN

Minister for Social and Family Affairs

EXPLANATORY NOTE

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

Article 4 of these regulations provides for an improvement in the conditions for receipt of Illness Benefit and Jobseeker's Benefit for a person who was initially in receipt of either benefit payment, but who subsequently transferred to Carer's Benefit or Carer's Allowance and then transfers back to either Illness Benefit or Jobseeker's Benefit. Where it is more beneficial to the person, the rate of Illness Benefit or Jobseeker's Benefit will be restored to the level which was in payment prior to the period during which he or she was in receipt of Carer's Benefit or Carer's Allowance.

Article 5 of these regulations clarifies the position in relation to disqualification for receipt of Maternity Benefit and Adoptive Benefit by providing that such Benefit will not be payable where a person engages in any form of insurable employment or self-employment.

Theses changes take effect from 1 May, 2007.

Social Welfare legislation currently provides that a woman in receipt of Deserted Wife's Benefit may engage in employment or self-employment, subject to satisfying certain conditions, including income-related conditions. Where a woman earns less than 12,697.38 per annum she may qualify for the maximum rate of Deserted Wife's Benefit. Current legislation also provides for the payment of reduced rates of Deserted Wife's Benefit, where her annual earnings are between 12,697.38 and 17,776.33 per annum. Articles 6 and 7 of these regulations provide for the abolition of these income thresholds and the introduction of a single annual income limit of 20,000. These regulations further provide that where a recipient of Deserted Wife's Benefit exceeds the annual income limit of 20,000 the recipient may receive a transitional payment, equivalent to half the former rate of Deserted Wife's Benefit payable, for a further six months. These changes take effect from 3 May 2007.