Social Welfare And Pensions (No. 2) Act 2009

Schedule 3 — amendment.

19.— Schedule 3 to the Principal Act is amended—

(a) in Part 1 by inserting the following definitions:

“ ‘ incentive payment ’ means an incentive payment made under the special incentive career break scheme;

‘ special incentive career break scheme ’ means the scheme commonly known by that name announced on the direction of the Minister for Finance on 30 April 2009 entitling civil servants of a certain class to apply for not less than 3 years special leave without pay and an incentive payment;”,

(b) in Part 2 by inserting the following Rule after Rule 1:

“1A. In the calculation of the means of a person for the purposes of Chapters 2, 3, 10 and 11 of Part 3, notwithstanding any exclusion under Rule 1(2)(b), account shall be taken of any incentive payments made to a person or the spouse of such person under the special incentive career break scheme and without prejudice to the generality of the foregoing—

(a) the exclusion under Rule 1(2)(b)(iv)(II) of moneys earned by the person or his or her spouse shall not apply to any incentive payment made to the person or his or her spouse under such scheme, and

(b) the exclusion under Rule 1(2)(b)(vi) of moneys earned by the spouse concerned shall not apply to any incentive payment made to such spouse under such scheme.”,

(c) in Part 4 (as amended by section 24 of the Social Welfare and Pensions Act 2008 ) by inserting the following Rule after Rule 2:

“2A. (1) In the calculation of the weekly means of a person for supplementary welfare allowance, notwithstanding any exclusion under Rule 1(2)(b), account shall be taken of any incentive payment made to a person or the spouse of such person under the special incentive career break scheme.

(2) Without prejudice to the generality of paragraph (1), for the purposes of Rule 2, additional income does not include income arising from any incentive payment under such scheme which is made to a person referred to in Rule 1(2)(b)(v).”,

(d) in Part 5 by inserting the following Rule after Rule 6:

“6A. (1) In the calculation of the means of a person, notwithstanding any exclusion under Rule 1(2)(b), account shall be taken of any incentive payment made to a person or the spouse of a person under the special incentive career break scheme.

(2) Without prejudice to the generality of paragraph (1), for the purposes of Rule 1(2)(b)(viii), the exclusion for one-parent family payment, of any moneys received by way of earnings referred to in that Rule shall not apply to any incentive payment made to a person under the special incentive career break scheme.”.