S.I. No. 584/2009 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Change In Rates) Regulations 2009


S.I. No. 584 of 2009

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (NO. 7) (CHANGE IN RATES) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th January, 2010.

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 2 (as amended by sections 8 and 9 of the Social Welfare (Miscellaneous Provisions) Act 2008 (No. 22 of 2008)), 3 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 41 (as amended by section 15(1)(a) of the Social Welfare (Miscellaneous Provisions) Act 2008 ), 49 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 53 (as amended by Section 16(1) of the Social Welfare (Miscellaneous Provisions) Act 2008 ), 60 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 64 (as amended by section 18(1) of the Social Welfare (Miscellaneous Provisions) Act 2008 , 125, 178A (amended by section 23 of the Social Welfare and Pensions Act 2007 ), and 297 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.7) (Increase Change in Rates) Regulations 2009.

(2) These regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2009 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2009.

Commencement.

2. These regulations come into operation—

(a) in so far as they relate to jobseeker’s allowance, preretirement allowance and farm assist, on 30 December 2009,

(b) in so far as they relate to jobseeker’s benefit, on 31 December 2009,

(c) in so far as they relate to illness benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit, on 4 January 2010,

(d) in so far as they relate to disability allowance, on 6 January 2010,

(e) in so far as they relate to invalidity pension and a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178 of the Principal Act, on 7 January 2010, and

(f) in so far as they relate to widow’s and widowers (contributory) pension and incapacity supplement, on 8 January 2010.

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 );

Interpretation.

4. In these regulations, save where the context otherwise requires, a reference to a Schedule is to a Schedule to these Regulations.

Maternity and adoptive benefit.

5. The Principal Regulations are amended:

(a) in article 32(2) by substituting “€225.80” for “€230.30”, and

(b) in article 33 by substituting “€337.50” for “€350”.

Reduced rates of benefit.

6. The Principal Regulations are amended by—

(a) the substitution for Schedule 5 thereto of the Schedule set out in Schedule 1,

(b) the substitution for Schedule 6 thereto of the Schedule set out in Schedule 2,

(c) the substitution for Schedule 6A thereto of the Schedule set out in Schedule 3,

(d) the substitution for Schedule 11 thereto of the Schedule set out in Schedule 4.

Increase for qualified adult.

7. The Principal Regulations are amended:

(a) by the substitution for Schedule 1 thereto of the Schedule set out in Schedule 5,

(b) by the substitution for Schedule 7 thereto of the Schedule set out in Schedule 6, and

(c) by the substitution for Schedule 4 thereto of the Schedule set out in Schedule 7.

SCHEDULE 1

“SCHEDULE 5

Articles 27 and 48

Reduced rates of Illness and Jobseeker’s Benefits

Amount of reckonable weekly earnings(1)

Weekly Rate(2)

Increase for Qualified Adult (where payable)(3)

€32.00 to 44.43

44.44 to 63.48

63.49 to 88.87

€88.10 126.60 153.60

€84.30

84.30

84.30

”.

SCHEDULE 2

“SCHEDULE 6

Articles 27, 37 and 48

Reduced rates of Illness, Health and Safety and Jobseeker’s Benefits

Amount of reckonable weekly earnings(1)

Weekly Rate(2)

Increase for Qualified Adult (where payable)(3)

€32.00 to 79.99

80.00 to 124.99

125.00 to 149.99

€88.10

126.60

153.60

€84.30

84.30

84.30

”.

SCHEDULE 3

“SCHEDULE 6A

Articles 27, 37 and 48

Reduced rates of Illness, Health and Safety and Jobseeker’s Benefits

Amount of reckonable weekly earnings(1)

Weekly Rate(2)

Increase for Qualified Adult (where payable)(3)

€32.00 to 149.99

150.00 to 219.99

220.00 to 299.99

€88.10

126.60

153.60

€84.30

84.30

84.30

”.

SCHEDULE 4

“SCHEDULE 11

Articles 80, 81, 87 and 88

Reduced rates of Widows (Contributory) Pension, Widowers (Contributory) Pension and a payment by virtue of paragraph (a) in the definition of “relevant payment” in section 178 where contribution conditions are partially satisfied

Yearly Average(1)

Weekly Rate (under 66)(2)

Weekly Rate (over 66)(3)

36 to 47

24 to 35

18 to 23

12 to 17

5 to 11

€198.60

196.00

144.90

95.60

48.40

€225.80

220.40

165.20

109.70

54.90

”.

SCHEDULE 5

“SCHEDULE 1

Article 9

Rates of increases for Qualified Adult payable with Illness Benefit, Jobseeker’s Benefit, Injury Benefit, Incapacity Supplement, Jobseeker’s Allowance, Pre-Retirement Allowance, Disability Allowance or Farm Assist

Qualified Adult weekly income, calculated or estimated in accordance with article 8(1)

Increase in respect of Qualified Adult(2)

Less than or equal to €100.00

Exceed €100.01 but do not exceed €110.00

Exceed €110.01 but do not exceed €120.00

Exceed €120.01 but do not exceed €130.00

Exceed €130.01 but do not exceed €140.00

Exceed €140.01 but do not exceed €150.00

Exceed €150.01 but do not exceed €160.00

Exceed €160.01 but do not exceed €170.00

Exceed €170.01 but do not exceed €180.00

Exceed €180.01 but do not exceed €190.00

Exceed €190.01 but do not exceed €200.00

Exceed €200.01 but do not exceed €210.00

Exceed €210.01 but do not exceed €220.00

Exceed €220.01 but do not exceed €230.00

Exceed €230.01 but do not exceed €240.00

Exceed €240.01 but do not exceed €250.00

Exceed €250.01 but do not exceed €260.00

Exceed €260.01 but do not exceed €270.00

Exceed €270.01 but do not exceed €280.00

Exceed €280.01 but do not exceed €290.00

Exceed €290.01 but do not exceed €300.00

Exceed €300.01 but do not exceed €310.00

€130.10

124.90

119.70

113.70

107.60

101.60

95.60

89.50

83.50

77.40

71.40

65.30

59.30

53.20

47.20

41.20

35.10

29.10

23.00

17.00

10.90

4.90

”.

SCHEDULE 6

“SCHEDULE 7

Articles 27 and 48

Rates of increases for Qualified Adult, payable with reduced rates of Illness and Jobseeker’s Benefit.

Qualified Adult weekly income, calculated or estimated in accordance with article 8(1)

Increase in respect of Qualified Adult(2)

Less than or equal to €100.00

Exceed €100.01 but do not exceed €110.00

Exceed €110.01 but do not exceed €120.00

Exceed €120.01 but do not exceed €130.00

Exceed €130.01 but do not exceed €140.00

Exceed €140.01 but do not exceed €150.00

Exceed €150.01 but do not exceed €160.00

Exceed €160.01 but do not exceed €170.00

Exceed €170.01 but do not exceed €180.00

Exceed €180.01 but do not exceed €190.00

Exceed €190.01 but do not exceed €200.00

Exceed €200.01 but do not exceed €210.00

Exceed €210.01 but do not exceed €220.00

Exceed €220.01 but do not exceed €230.00

Exceed €230.01 but do not exceed €240.00

Exceed €240.01 but do not exceed €250.00

Exceed €250.01 but do not exceed €260.00

Exceed €260.01 but do not exceed €270.00

Exceed €270.01 but do not exceed €280.00

Exceed €280.01 but do not exceed €290.00

Exceed €290.01 but do not exceed €300.00

Exceed €300.01 but do not exceed €310.00

€84.30

80.50

76.60

72.80

69.00

65.10

61.30

57.40

53.60

49.80

45.90

42.10

38.30

34.40

30.60

26.80

22.90

19.10

15.20

11.40

7.60

3.70

”.

SCHEDULE 7

“SCHEDULE 4

Article 11.

Rates of increases for Qualified Adult, payable with Invalidity Pension.

Qualified Adult weekly income, calculated or estimated in accordance with article 8(1)

Increase in respect of Qualified Adult(under 66)(2)

Increase in respect of Qualified Adult(over 66)(3)

Less than or equal to €100.00

Exceed €100.01 but do not exceed €110.00

Exceed €110.01 but do not exceed €120.00

Exceed €120.01 but do not exceed €130.00

Exceed €130.01 but do not exceed €140.00

Exceed €140.01 but do not exceed €150.00

Exceed €150.01 but do not exceed €160.00

Exceed €160.01 but do not exceed €170.00

Exceed €170.01 but do not exceed €180.00

Exceed €180.01 but do not exceed €190.00

Exceed €190.01 but do not exceed €200.00

Exceed €200.01 but do not exceed €210.00

Exceed €210.01 but do not exceed €220.00

Exceed €220.01 but do not exceed €230.00

Exceed €230.01 but do not exceed €240.00

Exceed €240.01 but do not exceed €250.00

Exceed €250.01 but do not exceed €260.00

Exceed €260.01 but do not exceed €270.00

Exceed €270.01 but do not exceed €280.00

Exceed €280.01 but do not exceed €290.00

Exceed €290.01 but do not exceed €300.00

Exceed €300.01 but do not exceed €310.00

€143.80

137.30

130.70

124.20

117.70

111.10

104.60

98.10

91.50

85.00

78.50

71.90

65.40

58.90

52.40

45.80

39.30

32.80

26.20

19.70

13.20

6.60

€206.30

196.90

187.50

178.10

168.70

159.30

149.90

140.50

131.10

121.70

112.30

102.90

93.50

84.10

74.70

65.30

55.90

46.50

37.10

27.70

18.30

8.90

”.

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

23 December 2009.

MARY HANAFIN,

Minister for Social 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,

23 December 2009.

BRIAN LENIHAN,

Minister for Finance.

EXPLANATORY NOTE

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

The Social Welfare and Pensions (No. 2) Act 2009 provides for changes in the maximum rates of certain social insurance payments arising from Budget 2010.

These Regulations provide for changes in the reduced rates of Illness Benefit, Jobseeker’s Benefit, Health and Safety Benefit, Widow’s and Widower’s (Contributory) Pension and Deserted Wife’s Benefit, and also provides for changes in the rates of tapered increases in respect of Qualified Adults. All of these changes are effective from the last week in December 2009 to the first week in January 2010.

The Regulations also provide for changes in the minimum and maximum weekly rates of Maternity Benefit and Adoptive Benefit, with effect from 4 January 2010.