Social Welfare (Consolidation) Act, 1993

Total amount payable to couple.

[1992, s. 27(1)]

122.—(1) In the case of a couple, both of whom are entitled to be paid unemployment assistance, the total amount payable to them pursuant to this Chapter shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance and the other was an adult dependant, and each of them shall be entitled to be paid one-half of the amount which would be payable to him if the other were his adult dependant.

[1992, s. 27(1)]

(2) Where the spouse of a claimant for unemployment assistance is not an adult dependant, the unemployment assistance payable to the claimant shall be at a rate equal to the scheduled rate reduced by £1 for every £2 or part of £2 of his means.

[1992, s. 27(1)]

(3) Subsection (2) shall not apply in any case where the spouse is living apart from the claimant.

[1992, s. 27(1)]

(4) Where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age (non-contributory) pension, retirement pension or invalidity pension and the other is entitled to unemployment assistance, the total of the amount payable to them by way of such benefit or pension, as the case may be, and such unemployment assistance (in this subsection referred to as “the relevant amount”) shall not exceed the total amount of benefit or pension, as the case may be, or the total amount of unemployment assistance, whichever is the greater (in this subsection referred to as “the greater amount”), that would be payable if only one of the couple were in receipt of benefit, pension or unemployment assistance, as the case may be, and the benefit, pension or unemployment assistance included an increase in respect of the other as his adult dependant; and, if the relevant amount would but for this subsection exceed the greater amount, the amount of unemployment assistance payable to the spouse who is entitled to such unemployment assistance shall be reduced by the amount of the excess.

[1992, s. 27(1)]

(5) In this section “couple” means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.

[1992, s. 27(1)]

(6) In subsection (4) “spouse” means each person of a couple in relation to the other.

[1993, s. 15(1)]

(7) For the purposes of this section, a reference to “unemployment assistance” shall be construed as including a reference to pre-retirement allowance.