S.I. No. 90/2011 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (One-Parent Family Payment) Regulations 2011.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th March, 2011.

The Minister for Social Protection, in exercise of the powers conferred on him by sections 4 , 173 and 178A(7) (inserted by section 25 (4) of the Social Welfare (Miscellaneous Provisions) Act 2010 ) 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) (One-Parent Family Payment) Regulations 2011.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2010 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2011.

Commencement.

2. These Regulations come into operation on 27 April 2011.

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 ).

Persons regarded as receiving full-time education.

4. Article 14(1) of the Principal Regulations is amended by substituting “sections 2(3) and 178A(7)” for “section 2(3)”.

Revocation.

5. Article 129 of the Principal Regulations is revoked.

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GIVEN under the Official Seal of the Minister for Social Protection,

1 March 2011.

ÉAMON Ó CUÍV,

Minister for Social Protection.

EXPLANATORY NOTE

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

Section 25 of the Social Welfare (Miscellaneous Provisions) Act 2010 limits payment of one-parent family payment to lone parents where the youngest child is under 14 years of age.

Following the commencement of section 25 from 27 April 2011, these Regulations prescribe the circumstances in which a child aged between 18 and 22 years will be regarded as receiving full-time education, in the case of a lone parent entitled to continue to receive payment of one-parent family payment during the 2011 and 2012 academic years, by virtue of the provisions of section 178A(7) of the Social Welfare Consolidation Act 2005 .

These Regulations also revoke the provisions of article 129 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 as they are now set out in subsections (4) to (5B) of section 172A of the 2005 Consolidation Act.