Social Welfare Act, 2001

Qualified adult — amendment to provisions.

24.—(1) Section 2(2)(a) of the Principal Act is amended by—

(a) the insertion in subparagraph (v) after “1967,” of “or”, and

(b) the insertion after subparagraph (v) of the following subparagraphs:

“(vi) a spouse who is entitled to or in receipt of an allowance the rate of which is related to the rates of unemployment assistance payable under section 121 or unemployment benefit payable under section 44 or 45, in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, or

(vii) a spouse who is entitled to or in receipt of an allowance the rate of which is related to the rates of unemployment assistance payable under section 121 or unemployment benefit payable under section 44 or 45, in respect of participation in a scheme administered by the Minister and known as:

(I) Back to Education Allowance, or

(II) Back to Work Allowance, or

(III) Back to Work Enterprise Allowance, or

(IV) Part-time Job Incentive,”.

(2) Section 137 of the Principal Act (as amended by section 17 of this Act) is amended by—

(a) the deletion of all the words from “Subject to section 138A” down to and including “in respect of more than one person,” and the substitution of the following:

“(1) Subject to subsection (2) and section 138A, the weekly rate of old age (non-contributory) pension payable in accordance with section 136 shall be increased—

(a) by the amount calculated in accordance with Part II of the Fourth Schedule where the beneficiary is living with, or is wholly or mainly maintaining, his or her spouse, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person,”,

and

(b) the insertion of the following subsection:

“(2) An increase under subsection (1)(a) shall not be payable where the spouse is—

(a) in receipt of any benefit, pension, assistance or allowance under Part II or this Part, or

(b) entitled to or in receipt of an allowance the rate of which is related to the rates of unemployment assistance payable under section 121 or unemployment benefit payable under section 44 or 45, in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, or

(c) entitled to or in receipt of an allowance the rate of which is related to the rates of unemployment assistance payable under section 121 or unemployment benefit payable under section 44 or 45, in respect of participation in a scheme administered by the Minister and known as:

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-time Job Incentive,”.

(3) The Third Schedule to the Principal Act is amended by—

(a) the substitution in Rule 1(2) (as amended by section 13 of this Act) of Part I for subparagraph (t) of the following subparagraphs:

“(t) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

(u) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister and known as:

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-time Job Incentive,

(v) any moneys received by his or her spouse in respect of participation in a course approved by An Foras Áiseanna Saothair under the Industrial Training Act, 1967 ,

(w) such other income received by a person or his or her spouse as may be prescribed;”,

(b) the substitution in Rule 1(4) (as amended by section 13 of this Act) of Part II for subparagraph (u) of the following subparagraphs:

“(u) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

(v) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister and known as:

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-time Job Incentive,

(w) any moneys received by his or her spouse in respect of a course approved by An Foras Áiseanna Saothair under the Industrial Training Act, 1967 ,

(x) such other income received by a person or his or her spouse as may be prescribed,”,

(c) the insertion in Rule 1(1) (as amended by section 13 of this Act) of Part III after subparagraph (p) of the following subparagraphs:

“(q) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

(r) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister and known as:

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-time Job Incentive,

(s) any moneys received by his or her spouse in respect of a course approved by An Foras Áiseanna Saothair under the Industrial Training Act, 1967 ;”,

and

(d) the substitution in Rule 1(3) (as amended by section 13 of this Act) of Part IV for subparagraph (r) of the following subparagraphs:

“(r) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

(s) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister and known as:

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-time Job Incentive,

(t) any moneys received by his or her spouse in respect of a course approved by An Foras Áiseanna Saothair under the Industrial Training Act, 1967 ,

(u) such other income received by a farmer or his or her spouse as may be prescribed;”.