S.I. No. 314/2000 - Social Welfare (Liable Relative) (Amendment) Regulations, 2000.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 11 of the Social Welfare Act, 2000 (No. 4 of 2000)) and 286 (as amended by section 29 of the Social Welfare Act, 1997 (No. 10 of 1997)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Liable Relative) (Amendment) Regulations, 2000.

(2) These Regulations and the Social Welfare (Liable Relative) Regulations, 1999 shall be construed together as one and may be cited as the Social Welfare (Liable Relative) Regulations, 1999 and 2000.

Commencement

2. These Regulations shall come into operation on 9 October, 2000.

Amendment to calculation of amount due.

3. Article 4 of the Social Welfare (Liable Relative) Regulations, 1999 ( S.I. No. 138 of 1999 ) is amended by—

(a) the substitution in sub-article (1) for paragraph (a) of the following paragraph: of the following paragraph:

“(a) the weekly value of any property belonging to the liable relative (not being property personally used or enjoyed by him or her) which is invested or otherwise put to profitable use by the liable relative or which, though capable of investment or profitable use, is not invested or put to profitable use by the liable relative, the weekly value of the property being calculated as follows:

(i) the first £10,000 of the capital value of the property shall be excluded,

(ii) the weekly value of so much of the capital value of the property as exceeds £10,000 but does not exceed £20,000 shall be assessed at £1 per each £1,000,

(iii) the weekly value of so much of the capital value of the property as exceeds £20,000 but does not exceed £30,000 shall be assessed at £2 per each £1,000,

(iv) the weekly value of so much of the capital value of the property as exceeds £30,000 shall be assessed at £4 per each £1,000,

but no account shall be taken under any other provision of this article of any apporpriation of the property for the purpose of current expenditure, and”, and

(b) the substitution for sub-article (2) of the following sub-articles:

“(2) The amount calculated in accordance with paragraph (b) of sub-article (1) shall be divided by 52.

(3) The amount calculated in accordance with sub-articles (1) and (2) shall be further reduced by—

(a) a weekly amount equal to the sum of the amount specified in column 2 of reference 7 of Part I of the Fourth Schedule plus £15, and

(b) the amount specified in column 4 of reference 7 of Part I of the Fourth Schedule in respect of each qualified child of the liable relative normally residing with him or her and for whom he or she has the main care and charge.”.

Saver.

4. (1) Subject to sub-article (2), article 3 of these Regulations shall not have the effect of increasing the amount due by the liable relative immediately before the commencement of these Regulations, in any case where the amount due was calculated in accordance with article 4 of the Social Welfare (Liable Relative) Regulations, 1999 ( S.I. No. 138 of 1999 ).

(2) Sub-article (1) shall cease to apply to any person where the amount of capital on which the amount of contribution due was calculated on the commencement of these Regulations is found to have increased.

EXPLANATORY NOTE.

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

These Regulations provide for an improvement in the method of assessing the capital value of property for the purposes of calculating the contribution due to be paid by a liable relative.

The new method of assessment provides for calculation of the capital value of property on a weekly basis as follows:

—  the first £10,000 will be disregarded;

—  capital between £10,000 and £20,000 will be assessed at £1 weekly means for each £1,000;

—  capital between £20,000 and £30,000 will be assessed at £2 weekly means per each £1,000;

—  capital above £30,000 will be assessed at £4 weekly means per each £1,000.

The Regulations also provide that the introduction of the new assessment method will not increase the contribution payable by a liable relative immediately before the commencement of these Regulations unless the amount of capital on which the assessment was based is found to have increased.