S.I. No. 219/2006 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Qualified Adults and Earnings from Rehabilitative Employment) Regulations 2006

S.I. No. 219 of 2006

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 6) (QUALIFIED ADULTS AND EARNINGS FROM REHABILITATIVE EMPLOYMENT) REGULATIONS 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by sections 4 and 29 and Schedules 1 and 6 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), 3, 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 41, 53, 64, 109, 115, and 297 and Rules 1(2), (6), (7) and (8) of Part 2 and Rule 1(2) of Part 3 to Schedule 3 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 Payments Provisions) (Amendment) (No.6) (Qualified Adults and Earnings from Rehabilitative Employment) Regulations 2006.

(2)  These regulations and the Social Welfare (Consolidated Payments Provisions Regulations, 1994 to 2006 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006.

Commencement.

2.  These regulations come into operation -

(a)          in so far as they relate to unemployment assistance, pre-retirement allowance and farm assist, on 3 May 2006,

(b)          in so far as they relate to unemployment benefit, on 4 May 2006,

(c)          in so far as they relate to disability benefit, adoptive benefit, health and safety benefit and injury benefit, on 8 May 2006,

(d)          in so far as they relate to disability allowance, on 27 September 2006,

(e)          in so far as they relate to retirement pension, on 28 September 2006,

(f)          in so far as they relate to invalidity pension, on 27 July 2006

(g)          in so far as they relate to unemployability supplement, on 5 May 2006,

(h)          in so far as they relate to old age (contributory) pension, on 29 September 2006, and

(i)           Regulations 6 and 7 come into operation on 7 June 2006.

Definitions.

3.  In these regulations -

“the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 );

“the Regulations of 2005” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.6) (Increase in Rates) Regulations 2005 ( S.I. No. 880 of 2005 ).

Interpretation.

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

Qualified adult - amendment to income threshold.

5.  The Principal Regulations are amended in article 6A (as amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase for Qualified Adult Regulations 2000 ( S.I. No. 81 of 2000 )) by substituting “€100” for “£70” in each place where it occurs.

Earnings disregard - blind pension.

6.  The Principal Regulations are amended by substituting for article 89B (as amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment (Miscellaneous Provisions) Regulations 2002 ( S.I. No. 120 of 2002 )) the following:

“89B. In assessing the means of a person for blind pension, the amount to be disregarded in respect of earnings received by that person from employment of a rehabilitative nature shall be the first €120, together with half the weekly earnings in excess of that amount, up to a maximum of €350, from such employment.”.

Earnings disregard - disability allowance.

7.  The Principal Regulations are amended -

(a)  by substituting for article 90A(1) (as amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (Miscellaneous Provisions Regulations 2002 ( S.I. No. 120 of 2002 )) the following:

“Disregards - rehabilitative employment.

90A. The amount prescribed for the purposes of Rule 1(2)(b)(viii) of Part 2 of Schedule 3 of the Principal Act shall be the first €120 received by that person from employment or self-employment of a rehabilitative nature, together with half the weekly earnings in excess of that amount, up to a maximum of €350, from such employment or self-employment.”, and

(b)  by deleting article 90A(2).

Increase in earnings disregard for spouse.

8.  The Principal Regulations are amended -

(a)  by substituting the following for article 89F (as inserted by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance and Farm Assist) Regulations 1999 ( S.I. No. 324 of 1999 )):

“Assessment of spouse's earnings - unemployment assistance, pre-retirement allowance, farm assist and disability allowance.

89F. (1)  For the purposes of Rule 1(8) of Part 2 of Schedule 3 to the Principal Act, the value of any money derived by the spouse of a farmer for each week in respect of which he or she is engaged in insurable employment shall be the average weekly earnings from that employment calculated in accordance with sub-article (2).

(2)  For the purposes of sub-article (1) the average weekly earnings shall be determined by reference to the gross earnings received from that employment in the 13 weeks preceding the date of claim for farm assist, or such other period as a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the case, less an amount calculated in accordance with sub-article (4).

(3)  The amount prescribed for the purposes of Rule 1(2)(b)(vi) of Part 2 of Schedule 3 to the Principal Act shall be an amount calculated in accordance with sub-article (4).

(4)  For the purposes of sub-articles (2) and (3) the amount shall be the aggregate of -

(a)        any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),

(b)       any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No.39 of 1997),

(c)        any contributions payable under section 13(2)(b) and Regulations made under section 14 or section 21,

(d)       any contributions payable under section 5 (as amended by section 33 of the Social Welfare Act, 1999 (No. 3 of 1999)) of the Health Contributions Act, 1979 (No. 4 of 1979),

(e)        any payment to an organisation registered with the Registrar of Friendly Societies, under the Trade Union Act 1871 c 31,

(f)        any health insurance contract premium,

(g)        the first €50.00, or €153.00 where the employment is outside the State or Northern Ireland, of weekly earnings together with any travel expenses necessarily incurred, where that employment is in respect of 3 days or less in the week,

(h)        the first €100.00 or €153.00 where the employment is outside the State or Northern Ireland, of weekly earnings where that employment is in excess of 3 days in the week,

(i)         in the case of farm assist where the spouse of the farmer is engaged in insurable employment on a seasonal basis in the occupation of fishing one-half of so much of the income derived from that occupation as does not exceed €153.00 per year and one-third of so much of such income as exceeds €153.00 per year but does not exceed €381.00 per year.”,

(b)  by substituting the following for article 89G(as inserted by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance and Farm Assist) Regulations 1999 ( S.I. No. 324 of 1999 )):

“Assessment of spouse's seasonal earnings - unemployment assistance, pre-retirement allowance, farm assist and disability allowance.

89G. (1)  For the purposes of Rules 1(2), (6), (7) and (8) of Part 2 of Schedule 3 to the Principal Act, the value of any moneys derived by the claimant's spouse from insurable employment of a seasonal nature shall be the average weekly earnings from such employment calculated in accordance with sub-articles (2) and (3).

(2)  For the purposes of sub-article (1) the average weekly earnings shall be calculated by reference to the gross earnings which he or she may reasonably expect to receive during the period of seasonal employment less an amount calculated in accordance with article 89F(4).

(3)  For the purposes of sub-article (1), in the absence of any other means of obtaining it, the average weekly earnings may be determined by reference to the gross earnings received from insurable employment of a seasonal nature in the preceding year less an amount calculated in accordance with article 89F(4).”.

Increase for qualified adult.

9.  The Principal Regulations are amended by -

(a)          the substitution for Schedule CA (inserted by article 7 of the Regulations of 2005) thereto of the Schedule set out in Schedule 1,

(b)          the substitution for Schedule CB (inserted by article 7 of the Regulations of 2005) thereto of the Schedule set out in Schedule 2,

(c)          the substitution for Schedule CC (inserted by article 7 of the Regulations of 2005) thereto of the Schedule set out in Schedule 3,

(d)          the substitution for Schedule P (as substituted by article 7 of the Regulations of 2005) thereto of the Schedule set out in Schedule 4,

(e)          the substitution for Schedule PA (inserted by article 7 of the Regulations of 2005) thereto of the Schedule set out in Schedule 5,

(f)           the substitution for Schedule PB (inserted by article 7 of the Regulations of 2005) thereto of the Schedule set out in Schedule 6,

(g)          the substitution for Schedule PC (inserted by article 7 of the Regulations of 2005) thereto of the Schedule set out in Schedule 7,

(h)          the substitution for Schedule PD (inserted by article 7 of the Regulations of 2005) thereto of the Schedule set out in Schedule 8, and

(i)           the substitution for Schedule Q (as substituted by article 7 of the Regulations of 2005) thereto of the Schedule set out in Schedule 9.

SCHEDULE 1

“SCHEDULE CA

Articles 38 & 41

Rates of tapered qualified adult allowance payable with reduced rates of Old Age (Contributory Pension/Retirement Pension where the qualified adult has attained pensionable age

”.

SCHEDULE 2

“SCHEDULE CB

Articles 38 & 41

Rates of tapered qualified adult allowance payable with reduced rates of Old Age (Contributory Pension/Retirement Pension where the qualified adult has not attained pensionable age

”.

SCHEDULE 3

“SCHEDULE CC

Articles 38 & 41

Rates of tapered qualified adult allowance payable with Old Age (Contributory) Pension/Retirement Pension where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001

”.

SCHEDULE 4

“SCHEDULE P

Article 6C

Rates of increases for Qualified Adult

.”

SCHEDULE 5

“SCHEDULE PA

Article 6D

Rates of increases for Qualified Adult payable with Old Age (Contributory) or Retirement Pension where the qualified adult has not attained pensionable age

.”

SCHEDULE 6

“SCHEDULE PB

Article 6D

Rates of increases for Qualified Adult payable with Old Age (Contributory) or Retirement Pension where the qualified adult has attained pensionable age

.”

SCHEDULE 7

“SCHEDULE PC

Article 6E

Rates of increases for Qualified Adult payable with Invalidity Pension where the qualified adult has not attained pensionable age

.”

SCHEDULE 8

“SCHEDULE PD

Article 6E

Rates of increases for Qualified Adult payable with Invalidity Pension where the qualified adult has attained pensionable age

.”

SCHEDULE 9

“SCHEDULE Q

Articles 18 and 30

Rates of increases for Qualified Adult, payable with reduced rates of disability and unemployment benefit

.”

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.)

These regulations increase the limit for entitlement to the full rate of Qualified Adult Allowance by €11.12 from €88.88 to €100.00 per week.

These regulations also increase the spouse earnings disregard - for Unemployment Assistance Pre-Retirement Allowance, Farm Assist and Disability Allowance - by €11.12, from €88.88 to €100.00 per week, where the spouse works more than 3 days in the week and by €11.91, from €38.09 to €50.00 per week, where the spouse works 3 days or less in the week. Furthermore these regulations provide for increases in the rates of tapered payments in respect of Qualified Adults.

These regulations retain the income disregard for recipients of Disability Allowance and Blind Pension of €120 per week for earnings of a rehabilitative nature and introduce a new withdrawal rate thereafter of 50% up to an upper maximum earnings limit of €350 per week.