S.I. No. 125/2004 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations, 2004

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by section 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rules 1(5) (inserted by section 8 of the Social Welfare (Miscellaneous Provisions) Act, 2003 (No. 4 of 2003)) of Part I and Rule 4(1B) (inserted by section 12 of the Social Welfare Act, 1999 ) (No. 3 of 1999)) of Part II of the Third Schedule to the said Act hereby makes the following Regulations:

Citation and construction.

1.  (1)  These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations, 2004.

(2)  These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2004 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2004.

Commencement.

2.  These Regulations come into operation—

(a)  in so far as they relate to carer's allowance on 1 April 2004, and

(b)  in so far as they relate to unemployment assistance and pre-retirement allowance on 7 April 2004.

Definitions.

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

Income disregards — carer's allowance.

4.  The Principal Regulations are amended in article 89(2)(b) (amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (Carers) Regulations, 2003 ( S.I. No. 121 of 2003 )) by substituting “€250” for “€210” and “€500” for “€420”.

Benefit and Privilege.

5.  Article 90C (inserted by article 4(b) of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Means Assessment) Regulations, 2003 ( S.I. No. 170 of 2003 )) of the Principal Regulations is amended by substituting “27” for “29”.

EXPLANATORY NOTE.

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

These Regulations provide for increases in the income disregarded for the purposes of Carer's Allowance. In the case of a single person, the increase is €40 per week, bringing the total amount of the disregard to €250. In the case of a married person, the disregard is increased by €80 per week, a new total of €500. These changes take effect from 1 April, 2004.

The Regulations also provide for an improvement in the assessment of Benefit and Privilege (B&P) for unemployment assistance and pre-retirement allowance. The assessment of B&P will now be abolished for those aged 27 years and over living in the parental home with effect from 7 April 2004.