Social Welfare Act, 1995

Adult dependant (payment of allowances in certain circumstances).

15.—(1) The Principal Act is hereby amended by the insertion after section 245 of the following section:

“245A.—(1) Subject to subsection (2), regulations may provide for entitling to an increase of benefit or assistance (other than supplementary welfare allowance), as the case may be, payable in respect of an adult dependant, a claimant or beneficiary who would be entitled thereto but for the fact that his spouse has income in excess of a prescribed amount.

(2) Regulations for the purposes of subsection (1) shall provide that the increase payable by virtue thereof shall be payable at a rate less than the appropriate rate specified in the Second or Fourth Schedule, as the case may be, and the rate specified by the regulations may vary by reference to the amount by which the income of the spouse exceeds the amount prescribed for the purposes of subsection (1).

(3) Notwithstanding the provisions of this Act, in the case of a person who qualifies for an increase in respect of an adult dependant by virtue of regulations made under this section, any increase in benefit or assistance, as the case may be, in respect of a qualified child who normally resides with the beneficiary and with the spouse of the beneficiary shall be payable at the rate of one-half of the appropriate amount.

(4) In this section ‘benefit’ means benefit under Part II.”.

(2) Section 2 (2) of the Principal Act is hereby amended by the substitution for “subject to section 170” of “subject to sections 170 and 245A”.

(3) Section 3 (12) of the Principal Act is hereby amended by the insertion after “192 (2)” (inserted by section 5 of this Act) of “, 245A,”.

(4) Section 4 (4) of the Principal Act (as amended by section 13 of the Act of 1994) is hereby amended by the insertion after “241,” of “245A,”.

(5) This section shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with particular reference to any benefit or assistance and different days may be so appointed for the purpose of any benefit or assistance.