S.I. No. 189/1996 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) Regulations, 1996

S.I. No. 189 of 1996.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 5) REGULATIONS, 1996

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 4 (as amended by section 37 of the Social Welfare Act, 1996 (No. 7 of 1996)), 200, 202, 203E (inserted by section 7 of the Social Welfare Act, 1996 ), 205, 206 (as amended by section 35 of the Social Welfare Act, 1996 ) and 207 (as amended by section 27 of the Social Welfare Act, 1996 ) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

1 Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) Regulations, 1996.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996.

2 Interpretation.

2. In these Regulations —

"the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ); and

"the Regulations of 1995" means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations, 1995 ( S.I. No. 94 of 1995 ).

3 Commencement.

3. These Regulations shall come into operation on the 13th day of June, 1996.

4 Persons regarded as being in remunerative full-time employment.

4. The Principal Regulations are hereby amended by the substitution for article 97 of the following article:

"97. For the purposes of this Part a personshall be regarded as being engaged in remunerative full-time employment as an employee where he is engaged in remunerative employment (other than employment under a scheme administered by An Forás Áiseanna Saothair and known as Community Employment or employment under a programme known as the Part Time Job Opportunities Programme administered by or on behalf of the Conference of Religious of Ireland) which is expected to continue for a period of a minimum of 3 months, and the number of hours worked per fortnight is not less than 38 or where the aggregate number of hours worked by him and his spouse is not less than 38 per fortnight.".

5 Increase for additional children.

5. The Principal Regulations are hereby amended .by the insertion after article 97 of the following article:

"97A. (1) The weekly rate of family income supplement shall be increased where, in the 52 week period specified in section 200, there is an increase in the number of qualified children in the family.

(2) In this article—

'couple' means a married couple or a man and woman who are not married to each other but are cohabiting as husband and wife;

'family' means—

(a) a person who is engaged in remunerative full-time employment as an employee within the meaning of article 97,

(b) where such a person is one of a couple living with or wholly or mainly maintaining his or her spouse, that spouse and

(c) a child or children;

'spouse' means each of person of a couple in relation to each other.".

6 Amendment of Part VI of Principal Regulations.

6. (1) The definition of "benefit" in article 99 of the Principal Regulations is hereby amended by —

(a) the insertion after paragraph (d) of the following paragraph:

" (e) continued payment for qualified children under Part VA; " ,

(b) the deletion in paragraph (c) of "and", and

(c) the substitution in paragraph (d) for "Part V;" of "Part V, and".

(2) Article 100 of the Principal Regulations is hereby amended by the substitution of sub-article (1) for the following sub-article:

"(1) Every claim for benefit (including any increase thereof and in the case of family income supplement a notification of an increase in the number of children in the family) shall be made to the Minister in the form for the time being approved by the Minister or in such other manner as the Minister may accept as sufficient in the circumstances.".

(3) Article 101 of the Principal Regulations is hereby amended by the insertion after sub-article (3A) (inserted by article 6 of the Regulations of 1995) of the following sub-article:

" (4) The employer of a claimant for continued payment for qualified children shall, on being so required by an officer of the Minister, furnish to the Minister, such information as may be required for the purpose of determining that person's entitlement to the said payment.".

(4) Article 102 of the Principal Regulations is hereby amended by—

(a) the insertion after paragraph (f) of the following paragraph:

"(g) in the case of continued payment for qualified children, the period of 13 weeks from the date of commencement of the employment specified in section 203A(1) (c) (inserted by section 7 of the Social Welfare Act, 1996 ).",

(b) the deletion in paragraph (e) of "and",

and

(c) the substitution in paragraph (f) for "deceased." of "deceased, and".

(5) Article 104 of the Principal Regulations is hereby amended by the substitution for " (other than child benefit or family income supplement) " of " (other than child benefit, family income supplement or continued payment for qualified children) ".

(6) The Principal Regulations are hereby amended by the substitution for article 104A (inserted by article 9 of the Regulations of 1995) of the following article:

"104A. Where a person fails to make a claim for continued payment for qualified children within the prescribed time, he shall be disqualified for receiving the said payment. ".

(7) Article 105 of the Principal Regulations is hereby amended by the substitution for "or family income supplement" of ", family income supplement or continued payment for qualified children".

(8) Article 110(1) of the Principal Regulations is hereby amended by the substitution in paragraph (a) for "and unemployment assistance" of ", unemployment assistance and continued payment for qualified children".

(9) Article 116(1) of the Principal Regulations is hereby amended by—

(a) the insertion after paragraph (k) of the following paragraph:

" (1) in respect of continued payment for qualified children, so much as is payable by virtue of section 203B (inserted by section 7 of the Social Welfare Act, 1996 ).",

(b) the deletion in paragraph (j) (ii) after "scheduled rate," of "and", and

(c) the substitution in paragraph (k) for "159(1)." of "159(1), and".

(10) Article 117 of the Principal Regulations is hereby amended by—

(a) the insertion after paragraph (h) of the following paragraph:

" (i) in respect of continued payment for qualified children, so much as is payable by virtue of section 203B (inserted by section 7 of the Social Welfare Act, 1996 ).",

(b) the deletion after "136(1)," in paragraph (g)(ii) of "and", and

(c) the substitution in paragraph (h) (ii) for "scheduled rate." of "scheduled rate, and".

GIVEN under the Official Seal of the Minister for Social Welfare

this 10th day of June, 1996

PROINSIAS DE ROSSA

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

10th day of June, 1996,

RUAIRI QUINN

Minister for Finance

EXPLANATORY NOTE

These Regulations amend existing regulatory provisions relating to Family Income Supplement to provide for —

— a reduction, from 6 to 3 months, in the minimum period which the employment is expected to last in order to qualify for the supplement;

— a reduction, from 20 hours per week to 38 hours per fortnight in the number of hours which must be worked;

— the extension of Family Income Supplement to job-sharers; and

— increasing the rate of supplement payable on the birth of an additional child, rather than awaiting the annual review of entitlement as at present.

The Regulations also extend a number of existing claims and payments provisions to the payment of child dependant allowances for up to 13 weeks to people who have been unemployed for 12 months or more who take up employment which is expected to last for at least 4 weeks.