S.I. No. 243/2008 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Prescribed Time) Regulations 2008


S.I. No. 243 of 2008

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (No. 3) (PRESCRIBED TIME) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th July, 2008.

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4, 108(2) (as amended by section 11 of the Social Welfare and Pensions Act 2008 (No. 2 of 2008)) and 241 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Prescribed Time) Regulations 2008.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) shall be construed together as one and may be cited as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2008.

Definitions

2. In these Regulations, “the Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ).

Prescribed time for making application for child benefit

3. The Principal Regulations are amended in article 182 by substituting the following paragraphs for paragraphs (i) and (j):

“(i) in the case of carer’s benefit, the period commencing 8 weeks before and ending 8 weeks after the day on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,

(j) in the case of respite care grant, the period commencing 8 weeks before the date on which the grant is payable under article 163 and ending on 31 December of the year immediately following the year in which the grant is payable, and

(k) in the case of child benefit, the period of twelve months from the day on which, apart from satisfying the conditions of making a claim, the claimant becomes a qualified person within the meaning of section 220.”.

Prescribed time for making application to be regarded as a homemaker.

4. The Principal Regulations are amended in article 183 by substituting the following for sub-article (2):

“(2) Where a person has commenced as a homemaker on or after 6 April 1994 and not later than 31 December 2008, an application to be regarded as a homemaker shall be made not later than 31 December 2009.”.

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GIVEN under the Official Seal of the Minister for Social and Family Affairs,

1 July 2008

MARY HANAFIN.

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.)

These regulations provide that the prescribed time for making a claim for child benefit shall be the period of twelve months from the day on which the person becomes a qualified person in accordance with legislation.

The regulations also provide for the extension of the time limit within which an application to become a homemaker for the purposes of State Pension (Contributory) may be made. The new registration deadline for an applicant, who commenced homemaking during the period 6 April 1994 to 31 December 2008, is 31 December 2009.