Social Welfare Act, 1999

Assessment of means — fishermen.

22.—Part I of the Third Schedule to the Principal Act is hereby amended by—

(a) the substitution in Rule 1 for paragraph (2)(j) (inserted by section 26(1) of the Act of 1997) of the following subparagraphs:

“(j) where his or her spouse is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived therefrom as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,

(jj) other than in the case of disability allowance, and subject to paragraph (8), any income derived by a fisherman from any form of self-employment,”,

(b) the insertion in Rule 1 after paragraph (2)(l) (inserted by section 26(1) of the Act of 1997) of the following subparagraph:

“(ll) other than in the case of disability allowance, any expenses necessarily incurred in carrying on any form of self-employment,”,

(c) the insertion in Rule 1 after paragraph (7) (inserted by section 22 of the Act of 1996) of the following paragraphs:

“(8) in the case of a fisherman, the gross income derived from any form of self-employment less—

(a) any expenses necessarily incurred in carrying on any form of self-employment, and

(b) where the fisherman has a qualified child, who normally resides with him or her, an amount of—

(i) £100 per annum in respect of each of the first two qualified children, and

(ii) £200 per annum in respect of each subsequent qualified child,

calculated at the rate of 80 per cent.”,

and

(d) the substitution for Rule 3 (inserted by section 16(3) of the Act of 1995) of the following Rule:

“3. In this Schedule—

‘fisherman’ means a person engaged in seafishing as a self-employed person—

(a) on a fishing boat entered in the Register of Fishing Boats, or

(b) on a fishing boat and in a place in respect of which a fishing licence (within the meaning of section 3 of the Fisheries (Consolidation) Act, 1959 ) for fishing for salmon at sea has been issued;

‘spouse’ means—

(a) each person of a married couple who are living together, or

(b) a man and woman who are not married to each other but are cohabiting together as husband and wife.”.