S.I. No. 571/2006 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006

S.I. No. 571 of 2006

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 13) (MISCELLANEOUS PROVISIONS) REGULATIONS 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), 3 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 40, 41, 46 (all amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 47 (as amended by section 7 of the Social Welfare Act 2005 (No. 30 of 2005)), 49 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 50, 53, 60 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 64 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 104, 109 (as amended by sections 4, 10 and 37 and Schedules 1 and 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 115 (as amended by sections 4 and 14 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 118, 125, 173 (as amended by sections 22 and 27 of the Social Welfare Law Reform and Pensions Act 2006 ), 185, 210, 212, 226, 241 (as amended by sections 4 and 17 and Schedules 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 242, 243, 250 (as amended by sections 29 and 37 and Schedules 6 and 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 253, 254, 260, 341 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 342 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ) and 346, Rules 1(1), 1(2), 1(2)(b)(ii), 1(2)(b)(viii), 1(3), 1(5), 1(6) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 1(7) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 1(8), 1(10) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ) and 2 of Part 2, Rules 1(1), 1(2), 1(2)(b)(i), 1(2)(b)(vi) and 3 (all substituted by section 24 and Schedule 4 of the Social Welfare Law Reform and Pensions Act 2006 ) of Part 3 and Rules 1(1), 1(2), 1(2)(b)(ii), 1(2)(b)(vii), 1(2)(b)(x), 1(4)(a), 1(5), 3 and 4(3) (all inserted by section 25 and Schedule 5 of the Social Welfare Law Reform and Pensions Act 2006 ) of Part 5 and reference 19 of Table 2 to Schedule 3 of the Social Welfare Consolidation Act 2005 , hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) 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 on 1 November 2006.

Definitions.

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

Amendment consequential on alignment of income tax and calendar years.

4.  The Principal Regulations are amended -

(a)  in the definition of “governing contribution year” in article 3 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (One-Parent Family Payment) Regulations 1996 ( S.I. No. 426 of 1996 )) by inserting “second” after “means the”,

(b)  in articles 22(1) and 25E(1) (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations 1995 ( S.I. No. 94 of 1995 )) by substituting “second last complete income tax year” for “last complete income tax year”, in each place where it occurs, and

(c)  in article 25A(1) by substituting “second last complete contribution year” for “last complete contribution year”.

Amendment of obsolete terms.

5.  The Principal Regulations are amended -

(a)  in articles 6B(2) (substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.1) (Miscellaneous Provisions) Regulations 2001 ( S.I. No. 103 of 2001 )) and 96(b) by substituting “disabled” for “handicapped”, in each place where it occurs, and

(b)  in article 86A (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.3) (Disability Allowance) Regulations 1997 ( S.I. No. 251 of 1997 )) by substituting “restricted” for “handicapped”, in each place where it occurs.

Amendments consequential on consolidation of schedules.

6.  The Principal Regulations are amended -

(a)  in article 6C (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations 2001 ( S.I. No. 99 of 2001 )) by substituting “Schedule 12” for “Schedule P” and deleting “or column (3), as the case may be,”,

(b)  in article 6D (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.7) (Increase for Qualified Adult) Regulations 2000 (S.I. 124 of 2000)) by substituting:

(i)  “Schedules 4 or 5” for “Schedules PA or PB”,

(ii) “Schedule 4” for “Schedule PB”, and

(iii) “Schedule 5” for “Schedule PA”,

(c)  in article 6E (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase for Qualified Adult) Regulations 2000 ( S.I. No. 88 of 2000 )) by substituting:

(i)  “Schedule 14” for “Schedule PC or PD”,

(ii) “Schedule 14” for “Schedule PC”, and

(iii) “column (3) of Schedule 14” for “column (2) of Schedule PD”,

(d)  in articles 18, 25B and 30 (all substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.8) (Graduated Rates) Regulations 2003 ( S.I. No. 725 of 2003 )) by substituting:

(i)  “Schedules 1 or 2” for “Schedules B or BA”,

(ii) “Schedule 1” for “Schedule B”,

(iii) “Schedule 2” for “Schedule BA”, and

(iv) “Schedule 13” for “Schedule Q”,

(e)  in article 38 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.7) (Increase in Rates) Regulations 2003 ( S.I. No. 724 of 2003 )) by -

(i)  substituting:

(I)  “Schedule 3” for “Schedule C”,

(II) “Schedule 4” for “Schedule CA”,

(III) “Schedule 5” for “Schedule CB”, and

(IV) “Schedule 6” for “Schedule CC”,

and

(ii)  in paragraphs (4)(a) and (b), by substituting for sub-paragraphs (i) to (iv) the following:

“(i)  in column (3) where the yearly average of the claimant or beneficiary is 20-47,

(ii) in column (4) where the yearly average of the claimant or beneficiary is 15-19,

(iii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and

(iv) in column (6) where the yearly average of the claimant or beneficiary is 5-9, and”,

(f)  in article 41 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Increase in Rates) Regulations 2005 ( S.I. No. 880 of 2005 )) by -

(i)  substituting:

(I)  “Schedule 4” for “Schedule CA”,

(II) “Schedule 5” for “Schedule CB”,

(III) “Schedule 6” for “Schedule CC”, and

(IV) “Schedule 3” for “Schedule D”,

and

(ii) in paragraphs (4)(a) and (b), by substituting for sub-paragraphs (i) to (iii) the following:

“(i)  in column (4) where the yearly average of the claimant or beneficiary is 15-19,

(ii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and

(iii) in column (6) where the yearly average of the claimant or beneficiary is 5-9, and”,

(g)  in article 47 by substituting “Schedule 7” for “Schedule E”,

(h)  in article 56 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 ( S.I. No. 184 of 1998 )) by substituting “Schedule 8” for “Schedule G”,

(i)  in article 57 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 ( S.I. No. 184 of 1998 )) by substituting “Schedule 8” for “Schedule H”,

(j)  in article 64 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 ( S.I. No. 184 of 1998 )) by substituting “Schedule 8” for “Schedule I”,

(k)  in article 65 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 ( S.I. No. 184 of 1998 )) by substituting “Schedule 8” for “Schedule J”,

(l)  in article 66 (substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 ( S.I. No. 184 of 1998 )) by -

(i)  substituting in paragraph (a) “Schedule 9” for “Schedule K”,

(ii) substituting in sub-paragraph (b)(i):

(I)  “Schedule 10” for “Schedule L”, and

(II) “column (5) or (6)” for “column (2) or (3)”,

(iii) substituting in sub-paragraph (b)(ii):

(I)  “Schedule 11” for “Schedule L”, and

(II) “column (5) or (6)” for “column (4) or (5)”,

(iv) substituting in paragraph (c) “Schedule 10” for “Schedule M”, and

(v)  substituting in paragraph (d) “Schedule 11” for “Schedule M(A)”,

and

(m)  in article 104 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Late Claims) Regulations 2000 ( S.I. No. 159 of 2000 )) by substituting “Schedule 15” for “Schedule R”.

Expenses - amendment to disqualifications.

7.  The Principal Regulations are amended by substituting for article 9 (substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant) Regulations 2005 ( S.I. No. 453 of 2003 )) the following:

“9. The Minister shall pay such reasonable and necessary travelling and other expenses, as he or she may determine, which are incurred by a person who is required to attend for medical or other examination under -

(a) article 15(2),

(b) article 24(1),

(c) article 35G(1),

(d) article 54(1),

(e) article 85D(1), or

(f) article 93J(1).”.

Illness benefit - amendment to rules of behaviour.

8.  The Principal Regulations are amended -

(a)  in article 12 (as amended by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1995 ( S.I. No. 146 of 1995 )) by substituting for paragraph (b) the following:

“(b)  does any work other than work of the nature specified in articles 15(3) and (4).”.

(b)  by substituting for article 15 the following:

“Disqualifications.

15. (1) A person shall be disqualified for receiving illness benefit for such period not exceeding 9 weeks as may be determined under the provisions of the Principal Act if he or she -

(a)  has become incapable of work through his or her own misconduct,

(b)  fails without good cause to attend for, or to submit himself or herself to, medical or other examination in accordance with sub-article (2),

(c)  fails without good cause to -

(i)  comply with any instructions relating to his or her incapacity issued by a registered medical practitioner attending on him or her or to whom he or she attended for medical or other examination,

(ii)  refrain from behaviour which is likely to hinder his or her recovery,

(iii)  see an officer of the Minister and to answer any reasonable enquiries by any such officer relating to his or her claim.

(2)       (a)  An officer of the Minister may, on giving not less than 7 days notice in writing, require any person who claims or is entitled to illness benefit to submit himself or herself to medical or other examination at such time and place as may be specified in the notice.

(b)  Notice of the time and place of the examination referred to in paragraph (a) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.

(3)  A person may, with the prior written permission of an officer of the Minister, for a specified period of time undertake the following types of work or training -

(a)  having become incapable of following his or her normal occupation, he or she is undergoing a course of training with a view to taking up some other occupation,

(b)  he or she is engaged in part-time work in the nature of rehabilitation or occupational therapy.

(4)  A person may engage in the following limited work without prior written permission or specified period of time -

(a)  light work for which no remuneration is, or would normally be, payable,

(b)  work undertaken primarily as a part of his or her treatment while he or she is a patient in, or of, a hospital, sanatorium, or other similar institution and his or her weekly earnings in respect of that work do not exceed €50,

(c)  work under a scheme which is, in the opinion of the Minister, charitable in character and purpose and his or her weekly earnings in respect of that work do not exceed €50.”.

(c)  by deleting Schedule A.

Amendment of monetary amounts.

9.  The Principal Regulations are amended in articles 17(2), 25A(2) (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations 1995 ( S.I. No. 26 of 1995 )) and 29(2) by substituting “€32” for “£25”, in each place where it occurs.

Amendment on foot of extension of maternity benefit duration.

10.  The Principal Regulations are amended in article 20A(3) (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity Benefit) Regulations 2004 ( S.I. No. 660 of 2004 )) by substituting “8 weeks” for “4 weeks”.

Maternity benefit - amendment to disqualifications.

11.  The Principal Regulations are amended by substituting for article 25 the following:

“Disqualifications.

25.  (1) Subject to sub-article (2), a person shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the person engages in any occupation other than domestic duties in that person's own household.

(2)  A disqualification referred to in sub-article (1) shall -

(a)  commence not earlier than the first day on which the person engages in any occupation other than domestic duties in that person's own household,

(b)  not apply for the day on which the confinement occurs where a person engages in such occupation before the confinement, and

(c)  cease, for any day after the confinement where the person no longer engages in said occupation.

(3)  Subject to sub-article (4), a person shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the person fails without good cause to attend for or to submit herself to medical examination in accordance with article 24(1).

(4)  A disqualification referred to in sub-article (3) shall -

(a)  commence not earlier than the day on which the failure occurs,

(b)  not apply for the day on which the confinement occurs in the event of the person being confined after such failure, and

(c)  cease, for any day after the confinement where the person submits herself to medical examination in accordance with article 24(1).”.

Amendment to calculation of reckonable weekly earnings.

12.  The Principal Regulations are amended in article 25F (substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.4) (Maternity and Adoptive Benefit) Regulations 1997 ( S.I. No. 249 of 1997 )) by inserting “average amount of” after “411(2) the”.

Deletion of spent articles.

13.  The Principal Regulations are amended by the deletion of articles 35, 67AA, 67AB, 67AC, 71 and 86C(2).

Invalidity pension - amendment to disqualifications.

14.  The Principal Regulations are amended by -

(a)  substituting for article 54 the following:

“Disqualifications.

54. (1) A person shall be disqualified for receiving invalidity pension if and so long as he or she fails without good cause to:

(a)  attend for medical or other examination at such time or place as may be required by an officer of the Minister, provided that he or she has been given not less than 7 days notice in writing,

(b)  obey any instructions, relating to his or her behaviour or any other matter concerning his or her incapacity, of a medical practitioner attending on him or her or whom he or she has attended for medical or other examination in accordance with paragraph (a),

(c)  see an officer of the Minister and answer any reasonable enquiries by any such officer relating to his or her claim.

(2)  A person in receipt of or entitled to invalidity pension shall not engage in work whether on his or her own account or on account of another person except as permitted under sub-article (3).

(3)  A person may, with the prior written permission of an officer of the Minister, for a specified period of time undertake the following types of work or training -

(a)  having become permanently incapable of following his or her usual occupation, a course of training with a view to taking up some other occupation,

(b)  work in the nature of rehabilitation or occupational therapy,

(c)  light work for which no remuneration is or would ordinarily be payable.”.

(b)  deleting Schedule F.

Disability allowance - amendment to disqualification.

15.  The Principal Regulations are amended by -

(a)  substituting for article 86B (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) Regulations 1996 ( S.I. No. 297 of 1996 )) the following:

“Disqualifications.

86B. A person shall be disqualified for receiving disability allowance if and so long as he or she fails without good cause to:

(a)  attend for medical examination or other examination at such time or place as may be required by an officer of the Minister, provided that he or she has been given not less than 7 days notice in writing,

(b)  obey any instructions, relating to his or her behaviour or any other matter concerning his or her disability, of a medical practitioner attending on him or her or whom he or she has attended for medical or other examination in accordance with (a) above,

(c)  see an officer of the Minister and to answer any reasonable enquiries by any such officer relating to his or her claim.”.

(b)  deleting Schedule O (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) Regulations 1996 ( S.I. No. 297 of 1996 )).

Amendments to miscellaneous provisions for the assessment of means.

16.  The Principal Regulations are amended by substituting for Chapter 7 of Part III the following:

“CHAPTER 7

Miscellaneous Provisions for Assessment of Means

Interpretation.

87.  For the purposes of this Chapter, ‘trade union’ has the meaning assigned to it by section 472C of the Taxes Consolidation Act 1997 .

Exemption from assessment of property.

87A.  (1) The weekly value of property mentioned in Rules 1(1) of Part 2, 1(1) of Part 3 and 1(1) of Part 5 of Schedule 3 to the Principal Act, being property which though capable of investment or profitable use is not invested or put to profitable use by a person, shall not be regarded as the means of a person-

(a)  in the case of the house in which the claimant or beneficiary ordinarily resides, where the claimant or beneficiary vacates that house -

(i)  on a temporary basis, or

(ii)  indefinitely, as a consequence of his or her old age or incapacity,

or

(b)  in any other case, where the claimant or beneficiary has offered the property for sale, for the period, not exceeding 2 years from the date on which the property was offered for sale, in which the property remains unsold.

(2)  In this article, “house” means a dwelling house or part of a dwelling house which is, or has been occupied by the claimant or beneficiary as his or her principal residence or land which he or she has for his or her own occupation and enjoyment with that residence as its gardens or grounds up to an area not exceeding one acre.

Assessment of means - non-cash benefits.

87B. (1) The non-cash benefits prescribed for the purposes of Rules 1(2) of Part 2, 1(2) of Part 3 and 1(2) of Part 5 of Schedule 3 to the Principal Act shall be -

(a)  the net cash value to the person of his or her annual housing costs actually incurred and paid by a liable relative insofar as the cash value exceeds €4,952 per annum, and

(b)  the net cash value to the person of meals, accommodation and related services provided under a scheme administered by the Department of Justice, Equality and Law Reform and known as direct provision, where the costs are met in full by the State.

Maintenance arrangements.

88.(1) Subject to sub-article (2), the maximum amount prescribed for the purposes of Rule 1(2)(b)(ii) of Part 2, Rule 1(2)(b)(i) of Part 3 and Rule 1(2)(b)(ii) of Part 5 of Schedule 3 to the Principal Act shall be €4,952.

(2)  The maintenance arrangements prescribed for the purposes of sub-article (1) shall be all forms of formal and informal arrangements whether procured by way of Court Order or otherwise.

Assessment of means - carer's allowance.

88A.    (a) The amount prescribed for the purposes of Rule 1(5) of Part 5 of Schedule 3 to the Principal Act shall be €290 per week.

(b)  The amount prescribed for the purposes of Rule 4(3) of Part 5 of Schedule 3 to the Principal Act shall be €580 per week.

Assessment of claimant's earnings - jobseeker's allowance and farm assist.

88B.(1) For the purposes of Rule 1(5) and Rule 1(8) of Part 2 of Schedule 3 to the Principal Act, the value of any money derived by a claimant engaged in insurable employment shall be 60 per cent of the average weekly earnings from such employment which that claimant may reasonably expect to receive during the period for which the employment is expected to continue:

Provided always that in the case of a claimant who is not in receipt of an increase under sections 142(1)(b)(ii) or 215(1)(b) in respect of a qualified child, the average weekly earnings shall be first reduced by €12.70 for each day on which that claimant is so employed during the week in respect of which jobseeker's allowance or farm assist is payable.

(2)  For the purposes of sub-article (1), the average weekly earnings shall be determined by reference to the gross earnings received from insurable employment in the 13 weeks preceding the date of claim for jobseeker's allowance or farm assist or such other period which a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the particular case, less an amount calculated in accordance with sub-article (3).

(3)  For the purposes of sub-article (2) the amount shall be the aggregate of-

(a)  any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 )),

(b)  any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No. 39 of 1997),

(c)  any contributions payable under section 13(2)(b) and Regulations made under section 14 or section 21,

(d)  any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),

(e)  any payment to a trade union,

(f)  any health insurance contract premium.

Assessment of claimant's seasonal earnings - jobseeker's allowance and farm assist.

88C. For the purposes of Rules 1(6) and 1(8) of Part 2 of Schedule 3 to the Principal Act, the value of any moneys derived by a claimant engaged in insurable employment of a seasonal nature shall be the average weekly earnings from such employment, calculated in accordance with article 88B which he or she may reasonably expect to receive during the period of seasonal employment.

Earnings disregard - disability allowance.

88D. The amount prescribed for the purposes of Rule 1(2)(b)(viii) of Part 2 of Schedule 3 to the Principal Act shall be the first €120 received by that person from employment or self-employment of a rehabilitative nature, together with half the weekly earnings in excess of that amount, up to a maximum of €350, from such employment or self-employment.

State pension (non-contributory), widow's (non-contributory) pension and widower's (non-contributory) pension - earnings disregard.

88E. (1) For the purposes of Rule 1(2)(b)(vi) of Part 3 and Rule 1(2)(b)(vii) of Part 5 of Schedule 3 to the Principal Act, the value of any earnings derived by the person in respect of which he or she is engaged in employment shall be the average weekly earnings from that employment calculated in accordance with sub-article (2).

(2) For the purposes of sub-article (1), the average weekly earnings shall be determined by reference to the gross earnings received from that employment in the 13 weeks preceding the date of claim, or such other period as a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the case, less an amount calculated in accordance with sub-article (3).

(3) For the purposes of sub-article (2) the amount shall be the aggregate of -

(a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),

(b) any contributions payable under section 13(2)(b) and Regulations made under section 14 or section 21,

(c) any contributions payable under section 5 of the Health Contributions Act, 1979 (No. 4 of 1979),

(d) any payment to a trade union,

(e) the first €100 of weekly earnings.

Earnings disregard - blind pension.

88F. In assessing the means of a person for blind pension, the amount to be disregarded in respect of earnings received by that person from employment of a rehabilitative nature shall be the first €120, together with half the weekly earnings in excess of that amount, up to a maximum of €350, from such employment.

Assessment of earnings - one-parent family payment.

89. (1) For the purposes of section 173 and Rule 1(4)(a) of Part 5 of Schedule 3 to the Social Welfare Consolidation Act 2005 the weekly earnings from employment or weekly income from self-employment shall be calculated or estimated as follows:

(a) insofar as it comprises earnings from employment by reference to the weekly amount of such earnings calculated by dividing the gross amount of such earnings in the last complete income tax year by 52,

(b) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income, calculated or estimated by dividing the income in the last complete income tax year by 52.

(2) Where a deciding officer or an appeals officer considers that the periods referred to in sub-article (1) would not be appropriate to determine either the amount of weekly earnings from employment or weekly income from self-employment, he or she may, for the purpose of this article, have regard to any other period which appears to the officer to be appropriate for that purpose.

Prescribed activity - exemption of income.

89A. For the purposes of reference 19 in Table 2 of Schedule 3 to the Principal Act, in relation to jobseeker's allowance and pre-retirement allowance, the prescribed income from the harvesting of seaweed shall be €1,270 per year.

Assessment of spouse's earnings - jobseeker's allowance, pre-retirement allowance, disability allowance and farm assist.

89B. (1) For the purposes of Rule 1(8) of Part 2 of Schedule 3 to the Principal Act, the value of any money derived by the spouse of a claimant or beneficiary for each week in respect of which he or she is engaged in insurable employment shall be the average weekly earnings from that employment calculated in accordance with sub-article (2).

(2) For the purposes of sub-article (1) the average weekly earnings shall be determined by reference to the gross earnings received from that employment in the 13 weeks preceding the date of claim for farm assist, or such other period as a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the case, less an amount calculated in accordance with sub-article (4).

(3) The amount prescribed for the purposes of Rule 1(2)(b)(vi) of Part 2 of Schedule 3 to the Principal Act shall be an amount calculated in accordance with sub-article (4).

(4) For the purposes of sub-articles (2) and (3) the amount shall be the aggregate of -

(a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),

(b) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No. 39 of 1997),

(c) any contributions payable under section 13(2)(b) and Regulations made under section 14 or section 21,

(d) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),

(e) any payment to a trade union,

(f) any health insurance contract premium,

(g) the first €50.00, or €153.00 where the employment is outside the State or Northern Ireland, of weekly earnings together with any travel expenses necessarily incurred, where that employment is in respect of 3 days or less in the week,

(h) the first €100.00 or €153.00 where the employment is outside the State or Northern Ireland, of weekly earnings where that employment is in excess of 3 days in the week,

(i) in the case of farm assist where the spouse of the farmer is engaged in insurable employment on a seasonal basis in the occupation of fishing, one-half of so much of the income derived from that occupation as does not exceed €153.00 per year and one-third of so much of such income as exceeds €153.00 per year but does not exceed €381.00 per year.

Assessment of spouse's seasonal earnings - jobseeker's allowance, pre-retirement allowance, disability allowance and farm assist.

89C. (1) For the purposes of Rules 1(2), (7) and (8) of Part 2 of Schedule 3 to the Principal Act, the value of any moneys derived by the claimant's spouse from insurable employment of a seasonal nature shall be the average weekly earnings from such employment calculated in accordance with sub-articles (2) and (3).

(2) For the purposes of sub-article (1) the average weekly earnings shall be calculated by reference to the gross earnings which he or she may reasonably expect to receive during the period of seasonal employment less an amount calculated in accordance with article 89B(4).

(3) For the purposes of sub-article (1), in the absence of any other means of obtaining it, the average weekly earnings may be determined by reference to the gross earnings received from insurable employment of a seasonal nature in the preceding year less an amount calculated in accordance with article 89B(4).

Disregard of certain compensation awards.

90. The income prescribed for the purposes of Reference 19 of Table 2 of Schedule 3 to the Principal Act shall be the yearly value of all income derived from compensation awarded -

(a) by the Compensation Tribunal established by the Minister for Health on 15 December, 1995, the Hepatitis C Compensation Tribunal established under section 3 of the Hepatitis C Compensation Tribunal Act, 1997 (No. 34 of 1997), the Hepatitis C and HIV Compensation Tribunal established under section 2 of the Hepatitis C Compensation Tribunal (Amendment) Act, 2002 (No. 21 of 2002), or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin - Anti-D, whole blood or other blood products,

(b) by the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act, 2002 (No. 13 of 2002),

(c) to persons who have disabilities caused by Thalidomide, or

(d) under the provisions of the Health (Repayment Scheme) Act 2006 (No. 17 of 2006) to a relevant person within the meaning of that Act.

Yearly value of property - jobseeker's allowance, pre-retirement allowance, disability allowance and farm assist.

90A. The yearly value of any advantage mentioned in Rule 1(3) of Part 2 of Schedule 3 to the Principal Act shall be ascertained by deducting expenses necessarily incurred from the gross income.

Prescribed age for the purposes of benefit and privilege - jobseeker's allowance.

90B. The age prescribed for the purposes of Rule 1(10) of Part 2 of Schedule 3 to the Principal Act shall be 25 years.

Disregard of proceeds from sale of principal residence - disability allowance, State pension (non-contributory) and blind pension.

90C.(1) The disregard in the calculation of means provided for in Rule 2 of Part 2, Rule 3 of Part 3 and Rule 3 of Part 5 of Schedule 3 to the Principal Act shall apply only where -

(a) the claimant or beneficiary disposes of his or her principal residence for the purposes of -

(i) purchasing alternative accommodation which is or will be occupied by him or her as his or her only or main residence,

(ii) funding the renting of alternative accommodation which is or will be occupied by him or her as his or her only main residence,

¹Art 90C inserted by S.I. 170/03

(iii) funding the payment of fees to a nursing home which has been registered in accordance with section 4 of the Health (Nursing Homes) Act 1990 (No. 23 of 1990),

(iv) residing with a carer, as defined in section 99 or section 179, who is in receipt of carer's benefit or carer's allowance in respect of the care and attention provided to the claimant or beneficiary, or

(v) residing in accommodation suitable for elderly persons which incorporates communal and support facilities and which is provided by a body approved by the Minister for the Environment, Heritage and Local Government for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992),

(b)       (i) for the purposes of State pension (non-contributory) the sale of the principal residence of the claimant or beneficiary takes place on or after the 2nd day of December 1993, and the claimant or beneficiary has attained pensionable age at the date of sale, or

(ii) for the purposes of disability allowance or blind pension, the sale of the principal residence of the claimant or beneficiary takes place on or after the 1st day of April, 2001,

and

(c) the gross proceeds are derived from the sale of a dwelling-house or part of a dwelling-house which is, or has been occupied by the claimant or beneficiary as his or her principal residence or land which he or she has for his or her own occupation and enjoyment with that residence as its gardens or grounds up to an area not exceeding one acre.

(2) The limit prescribed for the purposes of Rule 2 of Part 2, Rule 3 of Part 3 and Rule 3 of Part 5 of Schedule 3 to the Principal Act shall be €190,500.”.

Payment of late claims.

17.  The Principal Regulations are amended by substituting for sub-articles 104A(3) and (4) (both inserted by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.8) (Late Claims) Regulations 2000 ( S.I. No. 159 of 2000 )) the following:

“(3). Subject to sub-article (3A), in any case where the delay in making the claim was due to a person being so incapacitated that he or she was unable to make a claim or appoint a person to act on his or her behalf, the period for which payment may be made shall be -

(a)  the period for which such incapacity continued plus a period equal in duration to that allowed under section 241(2), or

(b)  the period between the date of claim and the date entitlement commenced, or

(c)  such part of the period referred to in paragraph (a) for which the person was entitled to the benefit, or

(d)  such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(3A). A claim referred to in sub-article (3), shall be made -

(a)  where the person ceases to be incapacitated, before or within a period equal in duration to that for which payment is allowed under section 241(2), or

(b)  where, at the date of claim, a person continues to be so incapacitated that he or she is unable to make a claim or appoint a person to act on his or her behalf, within the period for which such incapacity continued plus a period equal in duration to that allowed under section 241(2).

(4). Subject to sub-article (4A), in any case where the delay in making the claim was due to a person suffering an event which is a force majeure, the period for which payment may be made shall be -

(a)  the period for which such force majeure continued plus a period equal in duration to that allowed under section 241(2), or

(b)  the period between the date of claim and the date entitlement commenced, or

(c)  such part of the period referred to in paragraph (a) for which the person was entitled to the benefit, or

(d)  such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(4A). A claim referred to in sub-article (4), shall be made -

(a)  when the event which is a force majeure ceases, before or within a period equal in duration to that for which payment is allowed under section 241(2), or

(b)  where, at the date of claim, a person continues to suffer an event which is a force majeure, within the period for which such force majeure continued plus a period equal in duration to that allowed under section 241(2).”.

Child benefit - taking effect of revised decision.

18.  The Principal Regulations are amended in article 111(a) by substituting “6 months” for “3 months”.

Early childcare supplement - extinguishment of right to payment.

19.  The Principal Regulations are amended in article 113(3) (as substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.8) (Late Claims) Regulations 2000 ( S.I. No. 159 of 2000 ) by substituting for paragraph (c) the following:

“(c)  child benefit under Part 4, and

(d)  early childcare supplement under Part 4A.”.

Early childcare supplement - loss of purchasing power.

20. The Principal Regulations are amended by substituting for the definition of “benefit” in article 123A (inserted by Social Welfare (Consolidated Payments Provisions) (Amendment) (No.9) (Loss of Purchasing Power) Regulations 2000 ( S.I. No. 160 of 2000 )) the following:

“ ‘benefit’ means -

(a) any benefit specified in section 39(1),

(b) any assistance specified in section 139(1) (other than supplementary welfare allowance under Chapter 9 of Part 3),

(c) child benefit under Part 4,

(d) early childcare supplement under Part 4A,

(e) family income supplement under Part 6, and

(f) continued payment for qualified children under Part 7;”.

Island allowance.

21. The Principal Regulations are amended by substituting for article 138 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.3) (Island Allowance) Regulations 2006 ( S.I. No. 199 of 2006 )) the following:

“138. ‘Island’ for the purposes of section 2(1) shall be read in accordance with Schedule 16.”

Control provisions.

22.  The Principal Regulations are amended by inserting after Part VI the following:

“PART VII

CHAPTER 1

Control Provisions

Interpretation.

140. In this Chapter -

‘specified industry’ -

(a) insofar as it relates to an employer means -

(i) the construction industry, including the building, alteration, decoration, repair or demolition of any building or structure,

(ii) contract cleaning,

(iii) forestry work, excluding work carried out by permanent employees of the Department of Communications, Marine and Natural Resources, or Coillte Teoranta,

(iv) meat processing operations,

(vii) the security industry,

(viii) the road haulage industry, consisting only of such industries whose principal business is the haulage or carriage of goods, merchandise or commodities by road, excluding work carried out by Iarnród Éireann,

(ix) private road transport for passengers by omnibus or coach,

(x) the catering industry including hotels, restaurants and other premises of a similar nature where food is sold for consumption on the premises, and

(xi) the licensed bar trade,

(b) insofar as it relates to a sub-contractor or an employer or any other person who engages a sub-contractor, means -

(i) the construction industry, including the building, alteration, decoration, repair or demolition of any building or structure,

(ii) forestry work,

(iii) meat processing operations,

(iv) the road haulage industry including the haulage or carriage of goods, merchandise or commodities by road,

(v) private road transport for passengers by omnibus or coach, and

(vi) the catering industry including hotels, restaurants and other premises of a similar nature where food is sold for consumption on the premises,

and

(c) for the purposes of articles 144 and 145, means the construction industry including the building, alteration, decoration, repair or demolition of any building or structure;

‘sub-contractor’ means a person engaged under a contract for service to perform a service.

Provision of information - interpretation.

141. For the purposes of articles 142 and 143 -

‘academic year’ means a period in which a course of instruction or part of a cycle of education takes place in a calendar year or a period in which a course of instruction or part of a cycle of education commences in one calendar year and finishes in the next following calendar year;

‘centre of education’ means a place where adult or continuing education or vocational education or training are provided, other than an institution of education or an institution of higher education;

‘dependent person’ has the meaning assigned to it in section 1 of the Act of 1990;

‘institution of education’ means a school or a place where adult or continuing education or vocational education or training are provided, other than a school or a place providing university or other third level education, and funded by the Department of Education and Science;

‘institution of higher education’ means

(a) a university,

(b) a college of a university,

(c) any institution which the Minister for Education and Science has designated in regulations made pursuant to section 1 of the Higher Education Authority Act 1971 (No. 22 of 1971) as an institution of higher education for the purposes of that Act,

(d) any institution to which the Qualifications (Education and Training) Act 1999 (No. 26 of 1999) applies,

(e) any institution established under the Regional Technical Colleges Acts 1992 to 2001,

(f) any institution incorporated under the Dublin Institute of Technology Act 1992 (No. 15 of 1992), or

(g) any institution which is not an institution for the purposes of sub-paragraphs (a) to (f) and to which the Local Authorities (Higher Education Grants) Acts 1968 to 1992 apply;

‘nursing home’ has the meaning assigned to it in section 2 of the Act of 1990;

‘registered proprietor’ has the meaning assigned to it in section 1 of the Act of 1990;

‘school’ means a school which provides post primary education to its students up to and including the Leaving Certificate Examination of the Department of Education and Science and which may also provide courses in adult, continuing or vocational education and training; and

‘the Act of 1990’ means the Health (Nursing Homes) Act, 1990 (No. 23 of 1990).

Provision of information - institution of education, institution of higher education or centre of education.

142. (1) Every institution of education, institution of higher education or centre of education shall, on request, provide the Minister with any of the following information the Minister may request in respect of each person being of or over the age of 18 years who is registered as a student at such institution or centre, as the case may be, at the commencement of each academic year, or who registers with the said institution or centre, as the case may be, after the commencement of each academic year -

(a) name,

(b) address,

(c) date of birth,

(d) nature of the course of study being pursued,

(e) duration of the course of study being pursued,

(f) details of attendance requirements at the institution of higher education or centre of education, as the case may be, during the course of the relevant academic year, and

(g) details of any grants or payments made to such student by any body, authority, institution or fund.

(2) The information requested in accordance with sub-article (1) shall be submitted by the institution of education, institution of higher education or centre of education, as the case may be, in such format as is acceptable to the Minister.

(3) The information requested in sub-article (1) shall be furnished, within 30 days of the receipt of a request for such information from the Minister, to such office of the Department as may be specified by the Minister.

Provision of information - nursing homes.

143.(1) Every registered proprietor of a nursing home shall, on request, provide the Minister with any of the following information that the Minister may request in respect of each dependent person who, being entitled to or in receipt of or who makes application for any benefit or assistance under the Principal Act, is being maintained in such nursing home -

(a) name,

(b) former home address,

(c) date of birth, and

(d) personal public service number.

(2) The information requested in accordance with sub-article (1) shall be submitted by the registered proprietor in such format as is acceptable to the Minister and shall be furnished, within 30 days of the receipt of a request for such information from the Minister, to such office of the Department as may be specified by the Minister.

Persons required to keep records.

144. (1) Every employer engaged in a specified industry shall maintain a record of every person in his or her employment.

(2) Every person who engages a sub-contractor to perform a service in a specified industry shall maintain a record of every sub-contractor so engaged.

(3) Every sub-contractor engaged to perform a service in a specified industry shall maintain a record of every person engaged to perform that service either with him or her or on his or her behalf whether under a contract for service or any other arrangement made or to be made by him or her.

Records to be maintained.

145. Every record under article 144 shall -

(a) contain the following particulars in respect of the person to whom it relates -

(i) name,

(ii) address,

(iii) personal public service number, and

(iv) the date of commencement of the employment,

(b) be recorded at the time of commencement of the relevant employment, and

(c) be held readily accessible at the construction site where the person to whom the record relates is employed for the duration of his or her employment.

(d) ‘construction site’, for the purposes of this article, means the premises or place at which the employee or sub-contractor is carrying out the work for which he or she is contracted.”.

Overpayments.

23. The Principal Regulations are amended by inserting after Part VII (inserted by article 22 of these regulations) the following:

“PART VIII

CHAPTER 1

Overpayments

Provision of information on overpayments.

146. Where an overpayment has been assessed against a person, in accordance with Part 11 of the Principal Act, that person shall be -

(a) informed of the factors which gave rise to the overpayment,

(b) informed of the amount of overpayment,

(c) informed of the proposed method of recovery, and

(d) afforded an opportunity to bring to the notice of the Department or Executive as appropriate -

(i) any view he or she may wish to offer on the assessment of the overpayment,

(ii) any view he or she may wish to offer on the proposed method of recovery of the overpayment, and

(iii) any facts or circumstances which he or she considers relevant to the recovery of the overpayment,

before any decision is made regarding the recovery of the overpayment.

Means of recovery of overpayment.

147.  The Minister or the Executive, as appropriate, shall make every effort to recover overpayments in full having regard to the provisions of these regulations and shall, subject to these regulations, determine the method and rate of repayment and such repayment may take the form of lump sum payment or periodic payments or both.

Determining the means of recovery.

148.  When determining the method and rate of repayment of an overpayment, the Minister or the Executive shall take account of -

(a) the amount of the overpayment and the circumstances in which it arose, and

(b) any facts or circumstances relevant to the recovery which have come to the notice of the Department or the Executive.

Recovery of overpayment by means of deduction from social welfare payment.

149.  Where the person liable to repay an overpayment is entitled to or in receipt of, or subsequently becomes entitled to -

(a) any benefit specified in section 39(1), or

(b) any assistance specified in section 139(1), or

(c) family income supplement under Part 6 of the Principal Act,

recovery of an overpayment may take the form of:

(i) withholding all or part of arrears of any benefit, assistance or supplement due to that person under the Principal Act, or

(ii) making deductions from ongoing payments having regard to the total amount to be recovered and the person's ability to repay,

or both, provided that recovery of the overpayment shall not cause, without the prior written agreement of the person liable to repay the overpayment, that person's weekly payment of benefit or assistance, as the case may be, to fall below the weekly rate of supplementary welfare allowance appropriate to his or her family circumstances that would be payable if the person was not in receipt of any benefit or assistance.

Reduction or cancellation of sum to be repaid.

150. (1) The amount of an overpayment to be repaid may be reduced or cancelled where the overpayment arose because of -

(a) a failure by the Department or the Executive to act within a reasonable period on information which was provided by or on behalf of the person concerned, or

(b) an error by the Department or the Executive,

and the person concerned could not reasonably have been expected to be aware that a failure or error had occurred.

(2) The amount to be repaid shall, where the facts or circumstances warrant, be reduced to the amount accepted in settlement.

(3) The amount of an overpayment to be repaid may be reduced by the amount of any other benefit, assistance or supplement to which the person would otherwise have been entitled in the period to which the overpayment relates had he or she not been in receipt of the payment which gave rise to the overpayment.

(4) In determining whether repayment of an overpayment is to be reduced or cancelled, account shall be taken of any omission made by or on behalf of the person concerned, which contributed in whole or in part to the overpayment being made.

(5) The repayment of an overpayment may be cancelled where there is no reasonable prospect of securing repayment in whole or in part.

Proceedings for recovery of overpayment.

151.  These regulations are without prejudice to any right of the Minister or the Executive, as the case may be, to recover overpayments by proceedings taken under statute or simple contract debt in any court of competent jurisdiction.

Obligations of personal representatives.

152.  These regulations do not affect the obligation of the personal representative of a deceased person who was at any time in receipt of a social assistance payment to:

(a) give notice of his or her intention to distribute the assets of that person and to furnish a schedule of such assets at least 3 months before commencing to distribute the assets,

(b) ensure that sufficient assets are retained to repay any assistance overpaid, and

(c) be personally liable to repay the amount of an overpayment outstanding as a result of failure to meet these obligations.

Decisions as to the application of this chapter.

153.  All questions which arise in the application of this Chapter shall, other than in the case of supplementary welfare allowance, be determined by an officer of the Minister or in the case of supplementary welfare allowance, by an employee of the Executive, as appropriate, for this purpose.”.

Liable relatives.

24.  The Principal Regulations are amended by inserting after Part VIII (inserted by article 23 of these regulations) the following:

“PART IX

CHAPTER 1

Liable Relatives

Definitions.

154.  In this Chapter-

‘allowance’ has the meaning assigned to it in section 344(1);

‘Inspector’ means an inspector appointed under section 250;

‘liable relative’ has the meaning assigned in section 2(7);

‘order of the Court’ has the meaning assigned to it in section 344(1);

‘qualified child’ means a person who is ordinarily resident in the State, is not detained in a reformatory or an industrial school and is under the age of 18 years or is of or over that age and under the age of 22 years and is attending a course of study within the meaning of section 148(3);

Calculation of amount due.

155. (1) The amount which the liable relative is liable to contribute for the purposes of section 346, shall be-

(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 €20,000 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 €20,000 but does not exceed €30,000 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 €30,000 but does not exceed €40,000 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 €40,000 shall be assessed at €4 per each €1,000,

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

(b) gross income, other than income from property assessed under paragraph (a), actually received or likely to be received in the contribution year in which the liability is calculated or where in any case a deciding officer or an appeals officer, as the case may be, considers that this period would not be appropriate, any other contribution year which appears to him or her to be appropriate for such purpose, less the amount of-

(i) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 )),

(ii) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No. 39 of 1997),

(iii) any contributions payable under section 13(2)(b) and Regulations made under section 14 or section 21,

(iv) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),

(v) any maintenance payments being paid by the liable relative in respect of his or her spouse and his or her child or children, where such maintenance payments have been taken into account in deciding the amount of allowance payable to the said spouse or parent of his or her children,

(vi) an amount, not exceeding €4,952 per annum, of any rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the liable relative is residing:

Provided that, where the liable relative has remarried or is co-habiting as husband and wife with another person who is in employment or self-employment, the amount allowed shall be one-half of the rent or repayment, not exceeding €2,476 per annum.

(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 1 of Schedule 4 to the Principal Act plus €19.05, and

(b) the amount specified in column 4 of reference 7 of Part 1 of Schedule 4 to the Principal Act 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.

156. (1) Subject to sub-article (2), article 155 shall not have the effect of increasing the amount payable by the liable relative immediately before the commencement of these Regulations, in any case where the amount payable 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 capital amount on which the amount of contribution payable was calculated on the commencement of these Regulations is found to have increased.

Amount to be paid.

157.(1) Subject to sub-article (2), the weekly amount payable to be paid by the liable relative shall be either-

(a) the amount calculated in accordance with article 155, or

(b) the amount of weekly allowance in payment to the person, or parent of the person as the case may be, in respect of whom the liable relative is liable to maintain under Part 12, or

(c) in the case of the qualified child of an unmarried person, an amount not exceeding the maximum amount set out in section 23 of the Family Law Maintenance of Spouses and Children Act 1976 (inserted by the Courts Act 1981 (No. 11 of 1981) and amended by the Courts Act 1991 (No. 20 of 1991)) in respect of each qualified child,

whichever is the lesser amount, and any fraction of €1 of the amount of contribution payable by the liable relative, which is greater than 50 cent, shall be taken to be €1 and any other such fraction shall be ignored.

(2) Where an amount due under sub-section (1) is less than €2.50 per week no payment shall be sought from the liable relative.

Transfer of maintenance.

158.  Where in accordance with section 358 a person who is in receipt of an allowance transfers to the Department maintenance payments made to him or her in compliance with an order of the Court, then such maintenance payments may offset, in whole or in part, the amount payable by the liable relative, as a deciding officer or an appeals officer, as the case may be, shall decide.

Prescribed time for furnishing information.

159.  For the purposes of these Regulations a liable relative, his or her employer, or any other person shall furnish such information as may be required for the purposes of deciding the amount which the liable relative is required to contribute, within 7 days of being so requested by an inspector.”.

Arrangement of Schedules.

25.  The Principal Regulations are amended by:

(a)  the deletion of Schedules B, BA, C, D, E, G, H, I, J, K, L, M, MA (all substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.6) (Increase in Rates) Regulations 2005 ( S.I. No. 880 of 2005 )),

(b)  the deletion of Schedules CA, CB, CC, P, PA, PB, PC, PD and Q (all substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.6) (Qualified Adults and Earnings from Rehabilitative Employment) Regulations 2006 ( S.I. No. 219 of 2006 )),

(c)  the deletion of Schedules R (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Late Claims) Regulations 1998 ( S.I. No. 55 of 1998 )) and S (the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Death Grant) Regulations 1998 ( S.I. No. 186 of 1998 ), and

(d)  the insertion after Schedule N of the Schedules set out in Schedules 1 to 16.

Revocations.

26.  The Regulations specified in Column (2) of Schedule 17 are revoked to the extent specified in column (3) of that Schedule.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

SCHEDULE 1

“SCHEDULE 1

Articles 18, 25B and 30

Reduced rates of Illness, Health and Safety and Jobseeker's Benefits

SCHEDULE 2

“SCHEDULE 2

Articles 18, 25B and 30

Reduced rates of Illness, Health and Safety and Jobseeker's Benefits

SCHEDULE 3

“SCHEDULE 3

Articles 38 and 41

Reduced rates of State Pension (Contributory) where contribution conditions are partially satisfied and increases for qualified adult

SCHEDULE 4

“SCHEDULE 4

Articles 6D, 38 and 41

Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has attained pensionable age

SCHEDULE 5

“SCHEDULE 5

Articles 6D, 38 & 41

Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has not attained pensionable age

SCHEDULE 6

“SCHEDULE 6

Articles 38 & 41

Rates of tapered qualified adult allowance payable with State Pension (Contributory) and State Pension (Transition) where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001

SCHEDULE 7

“SCHEDULE 7

Article 47

Reduced rates of State Pension (Transition) where contribution conditions are partially satisfied

SCHEDULE 8

“SCHEDULE 8

Articles 56, 57, 64 and 65

Reduced rates of Widow's (Contributory) Pension, Widower's (Contributory) Pension and a payment by virtue of paragraph (a) in the definition of “relevant payment” in section 178 where contribution conditions are partially satisfied

SCHEDULE 9

“SCHEDULE 9

Article 66(1)(a)

Payment by virtue of paragraph (a) in the definition of “relevant payment” in section 178 - effect of income limit

SCHEDULE 10

“SCHEDULE 10

Articles 66(1)(b) and 66(1)(c)

Payment by virtue of paragraph (a) in the definition of “relevant payment” in section 178 - reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is under 66

SCHEDULE 11

“SCHEDULE 11

Articles 66(1)(b) and 66(1)(d)

Payment by virtue of paragraph (a) in the definition of “relevant payment” in section 178 - reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is over 66

SCHEDULE 12

“SCHEDULE 12

Article 6C

Rates of increases for Qualified Adult payable with Illness Benefit, Jobseeker's Benefit, Injury Benefit, Incapacity Supplement, Jobseeker's Allowance, Pre-Retirement Allowance, Disability Allowance or Farm Assist

SCHEDULE 13

“SCHEDULE 13

Articles 18 and 30

Rates of increases for Qualified Adult, payable with reduced rates of Illness and Jobseeker's Benefit

SCHEDULE 14

“SCHEDULE 14

Article 6E

Rates of increases for Qualified Adult payable with Invalidity Pension

SCHEDULE 15

“SCHEDULE 15

Article 104

Extension of period for payment of claims received more than 12 months after the due date

SCHEDULE 16

“SCHEDULE 16

Article 138

Island Allowance

1.  Each of the following shall be an island prescribed for the purposes of section 2(1):

An tOileán Ruaidh (also known as Island Roy), Co. Donegal

Árainn Mhór, Co. Donegal,

Árainn, Co. Galway,

Bere Island, Co. Cork,

Claggan Island, Co. Mayo,

Clare Island, Co. Mayo,

Cléire, Co. Cork,

Clynish, Co. Mayo,

Coney Island, Co. Sligo,

Dursey Island, Co. Cork,

Fenit Island, Co. Kerry,

Foynes Island, Co. Limerick,

Gabhla, Co. Donegal,

Heir Island (also know as Inishodriscol), Co. Cork,

Inis Bearachain, Co. Galway,

Inis Bigil, Co. Mayo,

Inis Bó Finne, Co. Donegal,

Inis Fraoich Uachtarach, Co. Donegal,

Inis Meáin, Co. Galway,

Inis Mhic Chionnaith, Co. Galway,

Inis Oírr, Co. Galway,

Inis Treabhair, Co. Galway,

Inishboffin, Co. Galway,

Inishcottle, Co. Mayo,

Inishgort, Co. Mayo,

Inishlyre, Co. Mayo,

Inishnakillew, Co. Mayo,

Inishturk Beg, Co. Mayo,

Inishturk, Co. Mayo,

Inse Ghainnimh, Co. Galway,

Islandmore, Co. Mayo,

Lambay island, Co. Dublin,

Long Island, Co. Cork,

Omey Island, Co. Galway,

Sherkin Island, Co. Cork,

Toraigh, Co. Donegal, and

Whiddy Island, Co. Cork.”.

SCHEDULE 17

Article 26

Revocations

EXPLANATORY NOTE

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

These regulations provide for a number of amendments to the Social Welfare (Consolidated Claims and Payments Provisions) Regulations 1994 (as amended) in advance of further consolidation later this year. In the main, the amendments contained in these regulations replicate provisions in force in other Statutory Instruments. These regulations will facilitate, upon completion of consolidation, the production of a single, accessible and coherent document, containing provisions relating to scheme claims, payments and control, set out in Statutory Instruments, applicable to the Social Welfare Code.

Article 4 provides for minor technical amendments consequential on the alignment of the income tax and calendar years.

Article 5 provides for the amendment of obsolete terms by replacing the word “handicapped” with “disabled” or “restricted” where appropriate.

Articles 6, 7 and 25 provide for restructuring of the Schedules appended to the regulations in addition to a consequential technical amendment.

Article 8 incorporates the “Rules of Behaviour” currently contained in Schedule A into the main text of the regulations. Accordingly, Schedule A is deleted.

Article 9 provides for the substitution of certain monetary amounts with their Euro equivalent.

Articles 10 and 11 provide for the extension of the maximum period, from 4 weeks to 8 weeks, for which Maternity Benefit may be paid in the event of resumption of postponed maternity leave and clarify the conditions regarding disqualification for Maternity Benefit.

Article 12 clarifies that, for the purposes of Adoptive Benefit, the average reckonable weekly earnings, reckonable emoluments and reckonable weekly income in the relevant tax year shall be used to determine the weekly rate of benefit.

Article 13 provides for the deletion of obsolete articles 35, 67AA, 67AB, 67AC, 71 and 86C(2).

Articles 14 and 15 incorporate the “Rules of Behaviour” currently contained in Schedules F and O into the main text of the regulations. Accordingly, Schedules F and O are deleted.

Article 16 restructures the existing provisions of Chapter 7 - Miscellaneous Provisions for Assessment of Means - to reflect the recent update to the provisions governing the assessment of means in the Social Welfare Acts.

Article 17 clarifies the provisions for back dating claims in cases where incapacity and force majeure provisions are applied. Currently, a person who suffers from an incapacity or force majeure may avail of the late claims provisions when he or she recovers from the incapacity or where the force majeure ceases. This amendment clarifies that where the incapacity does not cease or where the force majeure continues to apply the applicant for benefit may also avail of the late claims provisions.

Article 18 extends the time limit, from 3 months to 6 months, for receiving Child Benefit claims in respect of additional children.

Articles 19 and 20 provide, in relation to Early Childcare Supplement (i) that the right to payment will be extinguished if it is not encashed within 6 months and (ii) extends the loss of purchasing power provisions to this scheme.

Article 21 provides, in Schedule 16, for the list of prescribed islands, for the purpose of the Island Allowance payment.

Article 22 provides for the introduction of a new Part 9 in the consolidated regulations to include the control provisions currently contained in the Social Welfare (Miscellaneous Control Provisions) Regulations 1997 ( S.I. No. 155 of 1997 ), as amended.

Article 23 provides for the insertion of a new Part 10 in the consolidated regulations to encompass the provisions governing overpayments currently contained in the Social Welfare (Recovery of Overpayments) Regulations 2005 ( S.I. No 349 of 2005 ).

Article 24 inserts a new Part 11 in the consolidated regulations to include the liable relative provisions currently contained in the Social Welfare (Liable Relative) Regulations 1999 ( S.I. No. 138 of 1999 ), as amended.

Article 26 lists the Statutory Instruments to be revoked by these regulations.