S.I. No. 486/2006 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (One-Parent Family Payment) (Assessment of Earnings) Regulations 2006

S.I. No. 486 of 2006

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 9) (ONE-PARENT FAMILY PAYMENT) (ASSESSMENT OF EARNINGS) REGULATIONS 2006

The Minister for Social and Family Affairs in exercise of the powers conferred on him by sections 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), 173 (as amended by section 27 of the Social Welfare Law Reform and Pensions Act 2006 ) and Rule 1(4)(a) of Part 3 of Schedule 3 (as amended by section 9 of the Social Welfare Act 2005 (No. 30 of 2005)) of the Social Welfare Consolidation Act 2005 hereby makes the following Regulations:

Citation and Construction.

1.(1) These Regulations may be cited as the as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (One-Parent Family Payment) (Assessment of Earnings 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 as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006.

Definitions.

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

Assessment of earnings from employment and self employment for one-parent family payment purposes.

3. The Principal Regulations are amended by the insertion after article 89E (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 ) of the following:

“Assessment of earnings - one-parent family payment.

89EA. (1) For the purposes of section 173 and Rule 1(4)(a) of Part 3 of Schedule 3 of the Social Welfare Consolidation Act 2005 the weekly earnings from employment or weekly income from self-employment shall be calculated or estimated as follows :

(a) insofar as it comprises earnings from employment by reference to the weekly amount of such earnings calculated by dividing the gross amount of such earnings in the last complete income tax year by 52,

(b) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income, calculated or estimated by dividing the income in the last complete income tax year by 52.

(2) Where a deciding officer or an appeals officer considers that the periods referred to in sub-article (1) would not be appropriate to determine either the amount of weekly earnings from employment or weekly income from self-employment, he or she may for the purpose of this article, have regard to any other period which appears to the officer to be appropriate for that purpose.”.

EXPLANATORY NOTE

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

These regulations provide for an annual assessment of means from employment and self-employment for the purposes of deciding entitlement to One-Parent Family Payment. In determining entitlement, the gross annual earnings from the last complete tax year are divided by 52 in order to arrive at a weekly assessment. Provision is also made to determine entitlement based on an alternative period where deemed appropriate by a Deciding Officer or an Appeals Officer, as the case may be.