S.I. No. 99/2001 - Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations, 2001

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 2, (as amended by section 11 of the Social Welfare Act, 2000 (No.4 of 2000)) 3 (as amended by section 17 of the Social Welfare Act, 1999 (No. 3 of 1999)) 4 (as amended by section 17 of the Social Welfare Act, 2000 ), 32 (as amended by section 24 of the Social Welfare Act, 1999 ), 39, 41I (as amended by sections 10 and 11 of the Social Welfare Act, 1997 (No. 10 of 1997)), 41B (inserted by the European Communities (Social Welfare) Regulations, 1995 ( S.I. No. 25 of 1995 ) and amended by section 24 of the Social Welfare Act, 1999 ), 43 (as amended by section 24 of the Social Welfare Act, 1999 ), 84 (as amended by section 27 of the Social Welfare Act, 2001 (No. 5 of 2001)), 89 (as amended by section 12 of the Social Welfare Act, 1997 ), 102 (as amended by section 27 of the Social Welfare Act, 1996 (No. 7 of 1996)), 111 and 245A (as amended by section 20 of the Social Welfare Act, 2000 ) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations, 2001.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2001.

Commencement.

2. (1) These Regulations, other than article 9, come into operation -

(a)  in so far as they relate to unemployment assistance, pre-retirement allowance and farm assist on 28 March 2001,

(b)  in so far as they relate to unemployment benefit, on 29 March 2001,

(c)  in so far as they relate to disability benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit on 2 April 2001,

(d)  in so far as they relate to disability allowance, on 4 April 2001,

(e)  in so far as they relate to retirement pension, invalidity pension and a relevant payment by virtue of section 18 (1) (a) of the Social Welfare Act, 1996 , on 5 April 2001, and

(f)  in so far as they relate to old age (contributory) pension, widow's and widower's (contributory) pension and unemployability supplement on 6 April 2001.

(2) Article 9 of these Regulations comes into operation -

(a)  in so far as it relates to unemployment assistance, pre-retirement allowance and farm assist on 26 December 2001,

(b)  in so far as it relates to unemployment benefit, on 27 December 2001,

(c)  in so far as it relates to disability benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit on 31 December 2001,

(d)  in so far as it relates to disability allowance, on 2 January 2002,

(e)  in so far as it relates to retirement pension, invalidity pension and a relevant payment by virtue of section 18 (1) (a) of the Social Welfare Act, 1996 , on 3 January 2002, and

(f)  in so far as it relates to old age (contributory) pension, widow's and widower's (contributory) pension and unemployability supplement on 4 January 2002.

Definitions.

3. In these Regulations -

“the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. no. 417 of 1994 );

“the Regulations of 2000” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations, 2000 ( S.I. No. 122 of 2000 ),

Interpretation.

4. In these Regulations, save where the context otherwise requires, a reference to a Schedule is to a Schedule to these Regulations.

Qualified adult rates - payable with reduced pensions.

5. The Principal Regulations are amended by -

(a)  the substitution in article 6C (as amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) (Qualified Adult) Regulations, 1999 ( S.I. No. 164 of 1999 )) for “column (2)” of “column (2) or column (3), as the case may be,”,

(b)  the substitution in article 6D (as amended by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Increase for Qualified Adult) Regulations, 2000 ( S.I. No. 124 of 2000 )) for “Where” of “Subject to articles 38(2) and 41(2), where”,

(c)  the substitution in sub-article (1) of article 38 (as amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Pensions) Regulations, 1997 ( S.I. No. 489 of 1997 )) for “in accordance with sub-article (2)” of “in accordance with sub-articles (2), (3) and (4)”,

(d)    the substitution in article 38 (as amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Pensions) Regulations, 1997 ( S.I. No. 489 of 1997 )) for sub-article (2) of the following sub-articles -

“(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule C the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule.

(3) In the case of a person to whom sub-article (2) applies, any increase payable under section 87 (1) shall be payable -

(a)  where his or her spouse has not attained the age of 66 years, at the weekly rate shown in column (3) opposite to the amount in column (2) of Schedule C, and

(b)  in any other case, at the weekly rate shown in column (4) opposite to the amount shown in column (2) of the said Schedule C:

Provided that in the case of a person to whom subsection (8A) of section 84 applies, in any case where his or her spouse is over the age of 66 years, the minimum rate shall be £72.60 and in any case where his or spouse is under the age of 66 years the minimum rate shall be £68.20.

(4) In the case of a person to whom sub-article (2) applies, any increase payable in accordance with section 245A shall be payable -

(a)  where his or her spouse has attained the age of 66 years and that spouse's weekly income, calculated in accordance with article 6B is an amount specified in column (1) of Schedule CA, at the weekly rate shown opposite that amount -

(i)   in column (2) where the yearly average of the claimant or beneficiary is 20-47,

(ii)  in column (3) where the yearly average of the claimant or beneficiary is 15-19,

(iii) in column (4) where the yearly average of the claimant or beneficiary is 10-14, and

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

(b)  where his or her spouse has not attained the age of 66 years and that spouse's weekly income, calculated in accordance with article 6B is an amount specified in column (1) of Schedule CB, at the weekly rate shown opposite that amount -

(i)   in column (2) where the yearly average of the claimant or beneficiary is 20-47,

(ii)  in column (3) where the yearly average of the claimant or beneficiary is 15-19,

(iii) in column (4) where the yearly average of the claimant or beneficiary is 10-14, and

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

Provided that in the case of a person to whom subsection (8A) of section 84 applies, where his or her spouse's weekly income, calculated in accordance with article 6B is an amount specified in column (1) of Schedule CC, the rate payable shall be that shown in column (2) of Schedule CC where the spouse has attained pensionable age and in column (3) of Schedule CC where the spouse has not attained pensionable age.”,

(e)  the substitution in article 40(2) for “subsection (2), (4) or (5)” of “subsection (2), (4), (5) or (6)”,

(f)  the substitution in sub-article (1) of article 41 for “in accordance with sub-article (2)” of “in accordance with sub-articles (2), (3) and (4)”,

(g)  the substitution in article 41 for sub-article (2) of the following sub-articles:

“(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule D, fractions of whole numbers being disregarded, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule.

(3) In the case of a person to whom sub-article (2) applies, any increase payable under section 87(1) shall be payable -

(a)  where his or her spouse has not attained the age of 66 years, at the weekly rate shown in column (3) opposite to the amount in column (2) of Schedule D, and

(b)  in any other case, at the weekly rate shown in column (4) opposite to the amount shown in column (2) of the Schedule D:

Provided that in the case of a person who, on 5th April, 2001 is entitled to or in receipt of a pension in accordance with this article which includes an increase in respect of a qualified adult, in any case where his or her spouse is over the age of 66 years the minimum rate payable shall be £72.60 and in any case where his or spouse is under the age of 66 years the minimum rate payable shall be £68.20.

(4) In the case of a person to whom sub-article (2) applies, any increase payable in accordance with section 245A shall be payable -

(a)  where his or her spouse has attained the age of 66 years and that spouse's weekly income, calculated in accordance with article 6B is an amount specified in column (1) of Schedule CA, at the weekly rate shown opposite that amount -

(i)   in column (3) where the yearly average of the claimant or beneficiary is 15-19,

(ii)  in column (4) where the yearly average of the claimant or beneficiary is 10-14, and

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

(b)  where his or her spouse has not attained the age of 66 years and that spouse's weekly income, calculated in accordance with article 6B is an amount specified in column (1) of Schedule CB, at the weekly rate shown opposite that amount -

(i)   in column (3) where the yearly average of the claimant or beneficiary is 15-19,

(ii)  in column (4) where the yearly average of the claimant or beneficiary is 10-14, and

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

Provided that in the case of a person who, on 5th April, 2001 is entitled to or in receipt of a pension in accordance with this article which includes an increase in respect of a qualified adult, where his or her spouses weekly income, calculated in accordance with article 6B is an amount specified in column (1) of Schedule CC, the rate payable shall be that shown in column (2) of Schedule CC where the spouse has attained pensionable age and in column (3) of Schedule CC where the spouse has not attained pensionable age.”, and

(h)  the substitution in sub-article (2) of article 49 for “subsection (2), (4) or (5)” of “subsection (2), (4), (5) or (6)”.

Maternity and adoptive benefit.

6. The Principal Regulations are amended by -

(a)  the substitution in article 22(2) (as amended by article 5 of the Regulations of 2000) for “£90.70” of “£98.70”, and

(b)  the substitution in article 23 (as amended by article 5 of the Regulations of 2000) for “£246.90” of “£261.40”.

Reduced rates of benefit.

7. The Principal Regulations are amended by -

(a)  the substitution for Schedule B (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 1,

(b)  the substitution for Schedule C (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 2,

(c)  the insertion after Schedule C thereto of the Schedules set out in Schedules 3, 4 and 5,

(d)  the substitution for Schedule D (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 6,

(e)  the substitution for Schedule E (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 7,

(f)  the substitution for Schedule G (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 8,

(g)  the substitution for Schedule H (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 9,

(h)  the substitution for Schedule I (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 10,

(i)  the substitution for Schedule J (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 11,

(j)  the substitution for Schedule K (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 12,

(k)  the substitution for Schedule L (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 13,

(l)  the substitution for Schedule M (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 14, and

(m)  the substitution for Schedule MA (as substituted by article 6 of the Regulations of 2000) thereto of the Schedule set out in Schedule 15.

Increase for qualified adult.

8. The Principal Regulations are amended by -

(a)  the substitution for Schedule P (as substituted by article 7 of the Regulations of 2000) thereto of the Schedule set out in Schedule 16,

(b)  the substitution for Schedule PA (inserted by article 7 of the Regulations of 2000) thereto of the Schedule set out in Schedule 17,

(c)  the substitution for Schedule PB (inserted by article 7 of the Regulations of 2000) thereto of the Schedule set out in Schedule 18,

(d)  the substitution for Schedule PC (inserted by article 7 of the Regulations of 2000) thereto of the Schedule set out in Schedule 19,

(e)  the substitution for Schedule PD (inserted by article 7 of the Regulations of 2000) thereto of the Schedule set out in Schedule 20, and

(f)  the substitution for Schedule Q (as substituted by article 7 of the Regulations of 2000) thereto of the Schedule set out in Schedule 21.

Increases - euro.

9. The Principal Regulations are amended by -

(a)  the substitution in article 22(2) (as amended by article 6 of these Regulations) for “£98.70” of “EUR 125.32”,

(b)  the substitution in article 23 (as amended by article 6 of these Regulations) for “£261.40” of “EUR 331.91”,

(c)  the substitution for Schedule B (as substituted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 22,

(d)  the substitution for Schedule C (as substituted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 23,

(e)  the substitution for Schedule CA (inserted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 24,

(f)  the substitution for Schedule CB (inserted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 25,

(g)  the substitution for Schedule CC (inserted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 26,

(h)  the substitution for Schedule D (as substituted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 27,

(i)  the substitution for Schedule E (as substituted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 28,

(j)  the substitution for Schedule G (as substituted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 29,

(k)  the substitution for Schedule H (as substituted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 30,

(l)  the substitution for Schedule I (as substituted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 31,

(m)  the substitution for Schedule J (as substituted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 32,

(n)  the substitution for Schedule K (as substituted by article 7 of these Regulations of 2000) thereto of the Schedule set out in Schedule 33,

(o)  the substitution for Schedule L (as substituted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 34,

(p)  the substitution for Schedule M (as substituted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 35,

(q)  the substitution for Schedule MA (as substituted by article 7 of these Regulations) thereto of the Schedule set out in Schedule 36,

(r)  the substitution for Schedule P (as substituted by article 8 of these Regulations) thereto of the Schedule set out in Schedule 37,

(s)  the substitution for Schedule PA (as substituted by article 8 of these Regulations) thereto of the Schedule set out in Schedule 38,

(t)  the substitution for Schedule PB (as substituted by article 8 of these Regulations) thereto of the Schedule set out in Schedule 39,

(u)  the substitution for Schedule PC (as substituted by article 8 of these Regulations) thereto of the Schedule set out in Schedule 40,

(v)  the substitution for Schedule PD (as substituted by article 8 of these Regulations) thereto of the Schedule set out in Schedule 41, and

(w)  the substitution for Schedule Q (as substituted by article 8 of these Regulations) thereto of the Schedule set out in Schedule 42.

SCHEDULE 1

“SCHEDULE B

Articles 18, 25B and 30

Reduced rates of Disability, Unemployment and Health and Safety benefits

”.

SCHEDULE 2

“SCHEDULE C

Article 38

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

”.

SCHEDULE 3

“SCHEDULE CA                  Articles 38 & 41

Rates of tapered qualified adult allowance payable with reduced rates of Old Age Contributory Pension/Retirement Pension where the qualified adult has attained pensionable age.

”.

SCHEDULE 4

“SCHEDULE CB                  Articles 38 & 41

Rates of tapered qualified adult allowance payable with reduced rates of Old Age Contributory Pension/Retirement Pension where the qualified adult has not attained pensionable age.

”.

SCHEDULE 5

“SCHEDULE CC                  Articles 38 & 41

Rates of tapered qualified adult allowance payable with Old Age (Contributory) Pension/Retirement Pension where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001.

SCHEDULE 6

“SCHEDULE D

Article 41

Special partial Old Age (Contributory) Pension

”.

SCHEDULE 7

“SCHEDULE E

Article 47

Reduced rates of Retirement Pension where contribution conditions are partially satisfied

”.

SCHEDULE 8

“SCHEDULE G

Article 56

Reduced rates of widow's (Contributory) Pension and Widower's (Contributory) Pension where contribution conditions are partially satisfied

”.

SCHEDULE 9

“SCHEDULE H

Article 57

Special partial Widow's (Contributory) Pension and Widower's (Contributory) Pension

”.

SCHEDULE 10

“SCHEDULE I

Article 64

Reduced rates of Deserted Wife's Benefit where contribution conditions are partially satisfied

”.

SCHEDULE 11

“SCHEDULE J

Article 65

Special partial Deserted Wife's Benefit

”.

SCHEDULE 12

“SCHEDULE K

Article 66(1) (a)

Rates of Deserted Wife's Benefit - effect of income limit

SCHEDULE 13

“SCHEDULE L

Article 66(1) (b)

Reduced rates of Deserted Wife's Benefit where contribution conditions are partially satisfied - effect of income limit

”.

SCHEDULE 14

“SCHEDULE M

Article 66(1) (c)

Special partial Deserted Wife's Benefit - effect of income limit where Claimant is under 66

SCHEDULE 15

“SCHEDULE MA

article 66(1) (d)

Special partial Deserted Wife's Benefit - effect of income limit where claimant is aged 66 or over

SCHEDULE 16

“SCHEDULE P

Article 6C

Rates of increases for Qualified Adult

”.

SCHEDULE 17

“SCHEDULE PA                  Article 6D

Rates of increases for Qualified Adult payable with Old Age (Contributory) or Retirement Pension where the qualified adult has not attained pensionable age.

SCHEDULE 18

“Schedule PB                  Article 6D

Rates of increases for Qualified Adult payable with Old Age (Contributory) or Retirement Pension where the qualified adult has attained pensionable age.

SCHEDULE 19

“Schedule PC                  Article 6E

Rates of increases for Qualified Adult payable with Invalidity Pension where the qualified adult has not attained pensionable age.

SCHEDULE 20

“Schedule PD                  Article 6E

Rates of increases for Qualified Adult payable with Invalidity Pension where the qualified adult has attained pensionable age.

SCHEDULE 21

“SCHEDULE Q

Articles 18 and 30

Rates of increases for Qualified Adult, payable with reduced rates of Disability and Unemployment Benefit

SCHEDULE 22

“SCHEDULE B

Articles 18; 25B and 30

Reduced rates of Disability, Unemployment and Health and Safety Benefits

SCHEDULE 23

“SCHEDULE C

Article 38

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

”.

SCHEDULE 24

“SCHEDULE CA                  Articles 38 & 41

Rates of tapered qualified adult allowance payable with reduced rates of Old Age (Contributory) Pension/Retirement Pension where the qualified adult has attained pensionable age.

”.

SCHEDULE 25

“SCHEDULE CB                  Articles 38 & 41

Rates of tapered qualified adult allowance payable with reduced rates of Old Age (Contributory) Pension/Retirement Pension where the qualified adult has not attained pensionable age.

”.

SCHEDULE 26

“SCHEDULE CC                  Articles 38 & 41

Rates of tapered qualified adult allowance payable with Old Age (Contributory) Pension/Retirement Pension where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001.

”.

SCHEDULE 27

“SCHEDULE D

Article 41

Special partial Old Age (Contributory) Pension

”.

SCHEDULE 28

“SCHEDULE E

Article 47

Reduced rates of Retirement Pension where contribution conditions are partially satisfied

SCHEDULE 29

“SCHEDULE G

Article 56

Reduced rates of widow's (Contributory) Pension and Widower's (Contributory) Pension where contribution conditions are partially satisfied

”.

SCHEDULE 30

“SCHEDULE H

Article 57

Special partial Widow's (Contributory) Pension and Widower's (Contributory) Pension

”.

SCHEDULE 31

“SCHEDULE I

Article 64

Reduced rates of Deserted Wife's Benefit where contribution conditions are partially satisfied

SCHEDULE 32

“SCHEDULE J

Article 65

Special partial Deserted Wife's Benefit

”.

“SCHEDULE K

Article 66(1) (a)

Rates of Deserted Wife's Benefit - effect of income limit

SCHEDULE 34

“SCHEDULE L

Article 66(1)(b)

Reduced rates of Deserted Wife's Benefit where contribution conditions are partially satisfied - effect of income limit

”.

SCHEDULE 35

“SCHEDULE M

Article 66(1) (c)

Special partial Deserted Wife's Benefit - effect of income limit where Claimant is under 66

SCHEDULE 36

“SCHEDULE MA

article 66(1) (d)

Special partial Deserted Wife's Benefit - effect of income limit where claimant is aged 66 or over

SCHEDULE 37

“SCHEDULE P

Article 6C

Rates of increases for Qualified Adult

”.

SCHEDULE 38

“SCHEDULE PA                  Article 6D

Rates of increases for Qualified Adult payable with Old Age (Contributory) or Retirement Pension where the qualified adult has not attained pensionable age.

SCHEDULE 39

“Schedule PB                  Article 6D

Rates of increases for Qualified Adult payable with Old Age (Contributory) or Retirement Pension where the qualified adult has attained pensionable age.

SCHEDULE 40

“Schedule PC                  Article 6E

Rates of increases for Qualified Adult payable with Invalidity Pension where the qualified adult has not attained pensionable age.

SCHEDULE 41

“Schedule PD                  Article 6E

Rates of increases for Qualified Adult payable with Invalidity Pension where the qualified adult has attained pensionable age.

SCHEDULE 42

“SCHEDULE Q

Articles 18 and 30

Rates of increases for Qualified Adult, payable with reduced rates of disability and unemployment benefit

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

EXPLANATORY NOTE

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

The Social Welfare Act, 2001 provided for increases in the maximum rates of social insurance payments arising from the Budget, with effect from April 2001.

These Regulations provide for increases in the reduced rates of Disability Benefit, Unemployment Benefit, Health and Safety Benefit, Old Age (Contributory) Pension (OACP), Retirement Pension, Widow's and Widower's (Contributory) Pension, Deserted Wife's Benefit, and also provides for increases in the rates of tapered increases in respect of Qualified Adults. All of these increases are effective from the first week in April 2001.

The Regulations also provide for increases in the minimum and maximum weekly rate of Maternity Benefit and Adoptive Benefit with effect from 2 April 2001.

These Regulations also provide for the conversion of the reduced rates of payment to euro amounts to coincide with the introduction of the new euro currency from January 2002.