S.I. No. 145/2006 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Carer's) Regulations 2006


S.I. No. 145 of 2006

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 2) (CARER'S) REGULATIONS 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)) of the Social Welfare Consolidation Act 2005 (No. 26 of 1993) and Rules 1(5) and 4(3) of Part 3 of Schedule 3 to the said Act, hereby makes the following Regulations:

Citation and construction.

1.(1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Carer's) Regulations 2006.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006.

Commencement.

2.  These Regulations come into operation 6 April 2006.

Definitions.

3.  In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ).

Income disregards - carer's benefit and carer's allowance

4.  The Principal Regulations are amended -

(a)        in article 35E (amended by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005 ( S.I. No. 184 of 2005 )) by the substitution in sub-articles (2) and (3) of “€290” for “€270”, and

(b)        in article 89 (as substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005 ( S.I. No. 184 of 2005 )) by substituting the following for sub-article (2):

“(2)     (a)      The amount prescribed for the purposes of paragraph 5 of Rule 1 of Part 3 of Schedule 3 to the Principal Act shall be €290 per week.

(b)      The amount prescribed for the purposes of paragraph 3 of Rule 4 of Part 3 of Schedule 3 to the Principal Act shall be €580 per week.”.

LS

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GIVEN under the Official Seal of the Minister for Social and Family Affairs this 29th day of March, 2006.

SÉAMUS BRENNAN

Minister for Social and Family Affairs

EXPLANATORY NOTE

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

Social Welfare legislation currently provides that a person in receipt of Carer's Benefit may engage in employment or self employment outside the home, subject to a maximum of ten hours per week and an income ceiling of €270. Article 4(a) of these regulations increases the income ceiling to €290 per week, effective from 6 April, 2006.

These regulations further provide for an increase in the income disregarded for the purposes of Carer's Allowance. In the case of a single person, the increase is €20 per week, bringing the total amount of the disregard to €290. In the case of a married person, the disregard is increased by €40 per week, to a new total of €580. These changes take effect from 6 April 2006.