S.I. No. 249/1997 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity and Adoptive Benefit) Regulations, 1997

S.I. No. 249 of 1997.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 4) (MATERNITY AND ADOPTIVE BENEFIT) REGULATIONS, 1997

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 4, 39 and 411 (as amended by sections 10 and 11 of the Social Welfare Act, 1997 (No. 10 of 1997)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

1 Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity and Adoptive Benefit) Regulations, 1997.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997 may be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997.

2 Commencement

2. These Regulations shall come into operation on the 9th day of June, 1997.

3 Interpretation

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

4 Maternity and adoptive benefit

4. (1) The Principal Regulations are hereby amended by—

( a ) the substitution in article 22 (2) (as amended by article 7 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations, 1995 ( S.I. No. 146 of 1995 )) for "£75.70" of "£82.30",

( b ) the substitution for article 23 (as amended by article 7 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No .3) Regulations, 1995 ( S.I. No. 146 of 1995 )) of the following article:

"23. For the purposes of section 39(2), the average amount of reckonable weekly earnings, reckonable weekly emoluments and reckonable weekly income of a woman in any income tax year shall be calculated as her total reckonable earnings, reckonable emoluments and reckonable income for that income tax year, divided by the number, of employment contributions and self-employment contributions in the said income tax year, up to a maximum of £232.60.", and

( c ) the substitution for article 25F (inserted by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations, 1995 ( S.I. No. 94 of 1995 )) of the following article:

"25F. For the purposes of section 411(2) the reckonable weekly earnings, reckonable weekly emoluments and reckonable weekly income of an adopting parent in any income tax year shall be calculated as that parent's total reckonable earnings, reckonable emoluments and reckonable income for that income tax year divided by the number of employment contributions or self-employment contributions in the said income tax year, up to the amount specified in article 23."

GIVEN under the Official Seal of the Minister for Social Welfare

this 5th day of June, 1997.

PROINSIAS DE ROSSA

Minister for Social Welfare.

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

GIVEN under the Official Seal of the Minister for Finance

this 6th day of June, 1997.

RUAIRI QUINN

Minister for Finance.

EXPLANATORY NOTE

Sections 10 and 11 of the Social Welfare Act, 1997 provide for the extension of the Maternity Benefit and Adoptive Benefit schemes to the self-employed with effect from the 9th of June, 1997. These Regulations also increase, from £75.70 to £82.30, the minimum rate of Maternity and Adoptive Benefit.