S.I. No. 196/1989 - Social Welfare (Family Income Supplement) (Amendment) Regulations, 1989.


S.I. No. 196 of 1989.

SOCIAL WELFARE (FAMILY INCOME SUPPLEMENT) (AMENDMENT) REGULATIONS, 1989.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981 ) and sections 232B and 232C of that Act (as inserted by the Social Welfare Act, 1984 (No. 5 of 1984) and amended by the Social Welfare Act, 1988 (No. 7 of 1988)) and section 232F of that Act (as inserted by the Social Welfare Act, 1984 ), hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (Family Income Supplement) (Amendment) Regulations, 1989.

(2) These Regulations and the Social Welfare (Family Income Supplement) Regulations, 1984 to 1988, shall be construed as one and may be cited together as the Social Welfare (Family Income Supplement) Regulations, 1984 to 1989.

2. In these Regulations:—

"the Principal Regulations" means the Social Welfare (Family Income Supplement) Regulations, 1984 ( S.I. No. 278 of 1984 ).

3. Article 2 of the Principal Regulations is hereby amended by—

(a) the insertion after " Social Welfare (Consolidation) Act, 1981 ;" of the following definition—

"'the Act of 1984' means the Social Welfare Act, 1984 (No. 5 of 1984);", and

(b) the insertion after " Income Tax Act, 1967 (No. 6 of 1967) applies." of the following definition—

'"spouse' means one of a married couple who is living with or is being wholly or mainly maintained by his spouse.".

4. The Principal Regulations are hereby amended by the substitution for article 5 of the following article:—

"5. For the purposes of these Regulations a person shall be regarded as being engaged in remunerative fulltime employment as an employee where—

(a) he is normally engaged in remunerative employment and he or his spouse are so engaged for an aggregate or not less than 20 hours a week, and

(b) he is engaged in remunerative employment and he or his spouse are so engaged for an aggregate of not less than 20 hours in—

(i) the week in which the claim for supplement is made, or

(ii) either of the two weeks immediately preceeding the week in which the claim for supplement is made, or

(iii) the week immediately following the week in which the claim for supplement is made.".

5. The amounts specified in section 232B of the Act (as inserted by the Act of 1984 and amended by the Act of 1988) are hereby varied by the substitution of "£112" for "£108" in each place where it occurs and of "£24" for "£23" and an additional amount of £10 is hereby prescribed for each child in addition to the fifth child up to and including the eighth child.

6. The weekly rate of family income supplement specified in subsection (1) of section 232C of the Act (as inserted by the Act of 1984 and amended by the Social Welfare Act, 1987 (No. 2 of 1987)) is hereby varied by the substitution of "60 per cent." for "one half".

7. The maximum weekly rated of family income supplement specified in subsection (2) of section 232C of the Act (as inserted by the Act of 1984 and amended by the Act of 1988) are hereby varied by the substitution of "£18" for "£16" in each place where it occurs and of "£8" for "£7" and an additional rate of £5 is hereby prescribed for each child in addition to the fifth child up to and including the eighth child.

8. Section 116 of the Act shall, with effect from the coming into operation of these Regulations, cease to apply to supplement and the Schedule to the Principal Regulations is hereby amended by the deletion of the reference to the said section 116 (as set out and modified in the said Schedule).

9. These Regulations shall come into operation on the 27th day of July, 1989.

GIVEN under the Official Seal of the Minister for Social Welfare this 27th day of July, 1989.

MICHAEL WOODS,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 27th day of July, 1989.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for the following improvements in the Family Income Supplement Scheme:—

(a) increases in the income limits for receipt of payment by between £4 and £38 a week depending on family size,

(b) increases in the maximum payment by between £2 and £21 a week depending on family size,

(c) additional payments to families with more than five children in respect of the sixth, seventh and eighth child,

(d) an increase in the rate of supplement from 50 per cent to 60 per cent of the difference between family income and the relevant income limit,

(e) a reduction from 24 to 20 in the minimum number of hours which a person is required to work each week in order to qualify for payment.

The regulations also provide that where both of a married couple are in employment, their hours worked each week may be aggregated for the purpose of determining entitlement to payment.