S.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

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S.I. No. 142 of 2007
SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) REGULATIONS 2007
ARRANGEMENT OF ARTICLES
PART 1
Preliminary
Article
1. Citation.
2. Commencement.
3. Definitions.
4. Interpretation.
5. Revocations.
6. Persons specified to be qualified adults.
7. Income limit — qualified adult.
8. Calculation of income limit.
9. Reduced rate qualified adult increase.
10. Reduced rate qualified adult increase — State pensions.
11. Reduced rate qualified adult increase — invalidity pension.
12. Spouse income limit — qualified child increase.
13. Normal residence of qualified child.
14. Persons regarded as receiving full-time education.
15. Persons regarded as available for employment.
16. Persons regarded as genuinely seeking employment.
17. Expenses.
18. Conversion of contributions paid under National Health Insurance Acts.
19. Qualified child increase — linked claims.
PART 2
Social Insurance Payments
CHAPTER 1
Illness Benefit
20. Persons deemed to be incapable of work.
21. Days not to be treated as days of incapacity for work.
22. Night workers.
23. Special provision relating to delay or failure in claiming.
24. Disqualifications.
25. Reckoning of periods of interruption of employment.
26. Qualifying conditions — illness benefit.
27. Partial satisfaction of conditions — illness benefit.
28. Contribution conditions — illness benefit.
CHAPTER 2
Maternity Benefit
29. Expected week of confinement and duration of maternity benefit in certain cases.
30. Postponement of maternity benefit in event of hospitalisation of child.
31. Volunteer development workers — qualifying conditions.
32. Determination of income tax year and prescribed weekly amount for purposes of maternity benefit.
33. Calculation of reckonable weekly earnings.
34. Medical examination to determine validity of certificate.
35. Disqualifications.
CHAPTER 3
Health and Safety Benefit
36. Qualifying conditions for benefit.
37. Partial satisfaction of conditions for benefit.
CHAPTER 4
Adoptive Benefit
38. Definitions.
39. Volunteer development workers — qualifying conditions.
40. Determination of income tax year and prescribed weekly amount.
41. Calculation of reckonable weekly earnings.
42. Disqualification.
43. Postponement of adoptive benefit during hospitalisation of child.
CHAPTER 5
Jobseeker’s Benefit
44. Days not to be treated as days of unemployment.
45. Night workers.
46. Special provision relating to delay or failure in claiming.
47. Qualifying conditions — jobseeker’s benefit.
48. Partial satisfaction of conditions for jobseeker’s benefit.
49. Substantial loss of employment.
50. Disqualification.
51. Casual employment.
52. Prescribed manner for proving unemployment.
CHAPTER 6
Carer’s Benefit
53. Interpretation.
54. Conditions to be satisfied by non-resident carer.
55. Prescribed manner for certification of disability.
56. Circumstances in which carer is to be regarded as providing full-time care and attention.
57. Conditions and circumstances under which a carer may engage in employment, self-employment, training and education.
58. Medical examination and disqualification.
CHAPTER 7
State Pension (Contributory)
59. Interpretation.
60. Conditions to be satisfied by non-resident homemaker.
61. Reckoning of contributions under National Health Insurance Acts.
62. Partial satisfaction of contribution conditions for State pension (contributory).
63. Entitlement to pro-rata State pension (contributory).
64. Calculation of rate of pro-rata State pension (contributory).
65. Special partial State pension (contributory).
66. Calculation of yearly average.
67. Saver.
CHAPTER 8
State Pension (Transition)
68. Interpretation.
69. Reckoning of contributions under National Health Insurance Acts.
70. Period of retirement.
71. Partial satisfaction of contribution conditions for State pension (transition).
72. Entitlement to pro-rata State pension (transition).
73. Calculation of rate of pro-rata State pension (transition).
74. Calculation of yearly average.
75. Saver.
CHAPTER 9
Invalidity Pension
76. Definition of permanently incapable of work.
77. Conditions for receipt of invalidity pension.
78. Disqualification.
CHAPTER 10
Widow’s (Contributory) Pension and Widower’s (Contributory) Pension
79. Interpretation.
80. Partial satisfaction of contribution conditions for widow’s and widower’s pension.
81. Special partial widow’s and widower’s pension.
82. Reckoning of contributions paid under Widows’ and Orphans’ Acts.
83. Calculation of yearly average.
CHAPTER 11
Deserted Wife’s Benefit
84. Interpretation.
85. Conditions for receipt of deserted wife’s benefit.
86. Income limit.
87. Partial satisfaction of contribution conditions.
88. Special partial payment.
89. Application of income limit.
90. Calculation of yearly average.
CHAPTER 12
Treatment Benefit
91. Interpretation.
92. Treatment benefit.
93. Entitlement to treatment benefit.
94. Contribution conditions.
95. Contribution conditions for volunteer development workers.
96. Treatment benefit for dependant spouse.
97. Continued benefit to dependant spouse after the death of an insured person.
98. Continued entitlement over age 60.
99. Reckoning of contributions paid under National Health Insurance Acts.
100. Claim for treatment benefit.
101. Limitation on benefit for a claimant who is a member of the Defence Forces.
102. Cost of medical certificates.
103. Time limit for obtaining treatment benefit.
104. Notice of decision.
105. Payment by the Minister.
106. Panels.
107. Limitation on dental benefit for a claimant who is a member of the Defence Forces.
108. Amount payable in respect of dental benefit.
109. Benefit in respect of medical appliances.
110. Amount payable in respect of medical appliance benefit.
111. Claims for and payment of medical appliance benefit.
112. Claims for and payment of optical benefit.
113. Limitation on optical benefit for claimant who is a member of the Defence Forces.
114. Amount payable in respect of optical benefit.
115. Sight tests.
PART 3
Social Assistance Payments
CHAPTER 1
Jobseeker’s Allowance
116. Interpretation.
117. Day of unemployment.
118. Prescribed manner for proving unemployment.
119. Night workers.
120. Persons deemed to be available for employment.
121. Exemption from disqualification.
CHAPTER 2
Pre-Retirement Allowance
122. Conditions for entitlement.
123. Period of retirement.
CHAPTER 3
One-Parent Family Payment
124. Definition.
125. Circumstances in which person is to be regarded as being a separated spouse.
126. Circumstances in which person is to be regarded as being an unmarried person.
127. Circumstances in which person is to be regarded as being a prisoner’s spouse.
128. Residence of qualified child.
129. Continued entitlement to payment.
130. Transfer of maintenance.
CHAPTER 4
Carer’s Allowance
131. Interpretation.
132. Conditions to be satisfied by carer.
133. Conditions to be satisfied by non-resident carer.
134. Prescribed manner for certification of disability.
135. Medical examination.
136. Circumstances in which carer is to be regarded as providing full-time care and attention.
CHAPTER 5
Disability Allowance
137. Specified disability.
138. Disqualification.
139. Temporary residence.
140. Holidays.
CHAPTER 6
Miscellaneous Provisions for Assessment of Means
141. Exemption from assessment of property.
142. Assessment of means — non-cash benefits.
143. Maintenance arrangements.
144. Assessment of means — carer’s allowance.
145. Assessment of claimant’s earnings — jobseeker’s allowance and farm assist.
146. Assessment of claimant’s seasonal earnings — jobseeker’s allowance and farm assist.
147. Earnings disregard — disability allowance.
148. Earnings disregard — State pension (non-contributory).
149. Earnings disregard — widow’s (non-contributory) pension and widower’s (non-contributory) pension.
150. Earnings disregard — blind pension.
151. Assessment of earnings — one-parent family payment.
152. Prescribed activity — exemption of income.
153. Assessment of spouse’s earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist.
154. Assessment of spouse’s seasonal earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist.
155. Disregard of certain compensation awards.
156. Yearly value of property — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist.
157. Prescribed age for the purposes of benefit and privilege — jobseeker’s allowance.
158. Disregard of proceeds from sale of principal residence — disability allowance, State pension (non-contributory) and blind pension.
PART 4
Child Benefit
159. Normal residence.
160. Full-time education.
161. Children regarded as continuing to receive full-time education.
PART 5
Respite Care Grant
162. Interpretation.
163. Date respite care grant payable.
164. Entitlement to grant for certain classes of carer.
165. Period for which full-time care and attention to be given.
166. Carer — residence in institution.
167. Certain circumstances in which carer may continue to be regarded as providing full-time care and attention.
168. Conditions to be satisfied by non-resident carer.
169. Conditions and circumstances under which a carer may engage in employment, self-employment, training and eduction.
170. Prescribed manner for certification of incapacity.
171. Medical examination and disqualification.
PART 6
Family Income Supplement
172. Interpretation.
173. Manner of calculation or estimation of weekly family income.
174. Sums disregarded in determining weekly family income.
175. Person regarded as being in remunerative full-time employment.
176. Increase for additional qualified child.
177. Minimum payment of family income supplement.
PART 7
Claims and Payments — General Provisions
Preliminary
178. Interpretation.
CHAPTER 1
Claims
179. Claims.
180. Application to be regarded as a homemaker.
181. Information to be given when making claim.
182. Prescribed time for making claim.
183. Prescribed time for making application to be regarded as a homemaker.
184. Provisional allowance of claim.
185. Payment of claims made more than 12 months after the due date.
186. Payment of certain claims made after due date.
187. Rounding.
188. Provision of information.
189. Sharing of information.
190. Prescribed time for furnishing information.
191. Decision of deciding officer.
CHAPTER 2
Payments
192. Manner of payment.
193. Commencement of awards — child benefit.
194. Commencement of awards — early childcare supplement.
195. Normal residence — early childcare supplement.
196. Time of payment.
197. Taking effect of revision on account of change in circumstances.
198. Payable orders.
199. Extinguishment of right to payment.
200. Payments no longer due.
201. Nominated persons.
202. Persons unable to act.
203. Payment to appointed persons.
204. Payment to appointed person living together with applicant.
205. Payments on death.
206. Sum payable on death for child benefit.
207. Distribution of sum payable on death.
208. Payments after death.
209. Offences.
210. Provisions relating to appointments.
CHAPTER 3
Loss of Purchasing Power
211. Definitions.
212. Payment in respect of loss of purchasing power.
213. Calculation of amount.
214. Delay in issue of purchasing power payment.
215. Payment of an amount of costs.
216. Rounding.
CHAPTER 4
Absence from State and Imprisonment
217. Exception from disqualification for periods of absence from the State.
218. Exception from disqualification during penal servitude, imprisonment or detention in legal custody.
219. Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody.
CHAPTER 5
Overlapping Benefits
220. Interpretation.
221. Payment of disablement benefit with other social welfare payments.
222. Payment of guardian’s payment with other social welfare payments.
223. Payment of half-rate benefit to recipients of certain payments.
224. Payment of blind pension with other social welfare payments.
225. Payment on account.
226. Payment on account of qualified adult or qualified child.
227. Supplementary welfare allowance granted to persons in receipt of long-term payments.
228. Payment of increase for qualified child where child becomes entitled to payment in his or her own right.
229. State pension (non-contributory) — qualified child.
230. Rounding.
231. Saver.
CHAPTER 6
Household Budgeting
232. Definitions.
233. Household budgeting.
CHAPTER 7
Island Allowance
234. Island allowance.
CHAPTER 8
Widowed Parent Grant
235. Widowed parent grant.
PART 8
Control Provisions
236. Interpretation.
237. Provision of information — interpretation.
238. Provision of information — institution of education, institution of higher education or centre of education.
239. Provision of information — nursing homes.
240. Persons required to keep records.
241. Records to be maintained.
PART 9
Overpayments
242. Provision of information on overpayments.
243. Means of recovery of overpayment.
244. Determining the method of recovery.
245. Recovery of overpayment by means of deduction from social welfare payment.
246. Reduction or cancellation of sum to be repaid.
247. Proceedings for recovery of overpayment.
248. Obligations of personal representatives.
249. Decisions as to the application of this chapter.
PART 10
Liable Relatives
250. Definitions.
251. Calculation of amount due.
252. Saver.
253. Amount to be paid.
254. Transfer of maintenance.
255. Prescribed time for furnishing information.
SCHEDULE 1
Rates of increases for qualified adult payable with Illness Benefit, Jobseeker’s Benefit, Injury Benefit, Incapacity Supplement, Jobseeker’s Allowance, Pre-Retirement Allowance, Disability Allowance or Farm Assist
SCHEDULE 2
Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has attained pensionable age
SCHEDULE 3
Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has not attained pensionable age
SCHEDULE 4
Rates of increases for Qualified Adult payable with Invalidity Pension
SCHEDULE 5
Reduced rates of Illness Benefit, Health and Safety Benefit and Jobseeker’s Benefit
SCHEDULE 6
Reduced rates of Illness Benefit, Health and Safety Benefit and Jobseeker’s Benefit
SCHEDULE 7
Rates of increases for Qualified Adult, payable with reduced rates of Illness Benefit and Jobseeker’s Benefit
SCHEDULE 8
Reduced rates of State Pension (Contributory) where contribution conditions are partially satisfied and increases for qualified adult
SCHEDULE 9
Rates of tapered qualified adult allowance payable with State Pension (Contributory) and State Pension (Transition) where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001
SCHEDULE 10
Reduced rates of State Pension (Transition) where contribution conditions are partially satisfied
SCHEDULE 11
Reduced rates of Widow's (Contributory) Pension, Widower's (Contributory) Pension and Deserted Wife's Benefit where contribution conditions are partially satisfied
SCHEDULE 12
Deserted Wife's — Benefit effect of income limit
SCHEDULE 13
Deserted Wife's Benefit — reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is under 66
SCHEDULE 14
Deserted Wife's Benefit — reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is over 66
SCHEDULE 15
Extension of period for payment of claims made more than 12 months after the due date
SCHEDULE 16
Island Allowance
SCHEDULE 17
Revocations
S.I. No. 142 of 2007
SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) REGULATIONS 2007
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 6th April, 2007.
The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), 3 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 40, 41, 43, 44, 46 (all amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 47 (as amended by section 7 of the Social Welfare Act

2005 (No. 30 of 2005)), 49 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 50, 53, 56, 58 (as amended by section 8 of the Social Welfare Act 2005 ), 60 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 61, 62 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 64, 66, 67, 68, 76 (all amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 99, 100, 104, 107, 108 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 109 (as amended by sections 4, 10 and 37 and Schedules 1 and 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 114 (as amended by sections 4 and 13 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 115 (as amended by sections 4 and 14 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 118, 119 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 125, 137 (as amended by section 18 of the Social Welfare Law Reform and Pensions Act 2006 ), 138, 141 (as amended by section 4 and Schedule 1

of the Social Welfare Law Reform and Pensions Act 2006 ), 142, 143, 148 (all amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 149 (as amended by section 15 of the Social Welfare Law Reform and Pensions Act 2006 ), 151, 173 (as amended by sections 22 and 27 of the Social Welfare Law Reform and Pensions Act 2006 ), 177, 178A (inserted by section 10 of the Social Welfare Act 2005 ), 179 (amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ),

180, 185, 186 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 210, 212, 219 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 220, 224, 225 (as amended by sections 4 and 30 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 226, 229, 230, 232, 238, 241 (as amended by sections 4 and 17 and Schedules 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 242, 243, 244 (as amended by sections 4, 17 and 29 and Schedules 1, 3 and 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 247 (amended by sections 4 and 32 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 248 (as amended by sections 4 and 17 and Schedules 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 249 (as amended by sections 4 and 17 and Schedules 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 250 (as amended by sections 29 and 37 and Schedules 6 and 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 251 (amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 253, 254, 255, 260, 266, 267, 269, 279, 290, 296, 297, 300 (amended by sections 4, 11, 12 and 29 and Schedules 1 and 6 of the Social Welfare Law Reform and Pensions

Act 2006 ), 330, 334 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 341 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 342 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 346, 358 and 363, Rules 1(1), 1(2), 1(2)(b)(ii), 1(2)(b)(vi), 1(2)(b)(viii), 1(3), 1(5), 1(6) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 1(7) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 1(8), 1(10) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ) and 2 of Part 2, Rules 1(1), 1(2), 1(2)(b)(i), 1(2)(b)(vi) and 3(1) (all substituted by section 24 and Schedule 4 of the Social Welfare Law Reform and Pensions Act 2006 ) of Part 3 and Rules 1(1), 1(2), 1(2)(b)(ii), 1(2)(b)(vii), 1(2)(b)(x), 1(4)(a), 1(5), 3(1) and 4(3) (all inserted by section 25 and Schedule 5 of the Social Welfare Law Reform and Pensions Act 2006 ) of Part 5 and reference 19 of Table 2 to Schedule 3 of the Social Welfare Consolidation Act 2005 and after consultation with An Post, hereby makes the following Regulations:
PART 1 Preliminary
Citation
1. These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control Provisions) Regulations 2007.
Commencement
2. These Regulations come into operation on 29 March 2007.
Definitions
3. In these Regulations, save where the context otherwise requires—
“academic year” means a period in which a course of instruction or part of a cycle of education takes place in a calendar year or a period in which a course of instruction or part of a cycle of education commences in one calendar year and finishes in the next following calendar year;
“adopting parent” has the meaning assigned to it in section 58(1);
“court” means a court to which either the Courts of Justice Acts 1924 to 1961, or the Courts (Supplemental Provisions) Acts 1961 to 2000 applies;
“Department” means the Department of Social and Family Affairs;
“Executive” means the Health Service Executive;
“governing contribution year” means the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed;
“health insurance contract” and “premium” have the meaning assigned to them in Section 2 of the Health Insurance Act 1994 (No. 16 of 1994);
“housing costs” means, for the purposes of one-parent family payment, rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the qualified parent is, for the time being, residing;
“institution of education” means—
(a) a school,
(b) a college,
(c) a university,
(d) any institution providing a course of instruction approved by the Minister for Education and Science or the Higher Education and Training Awards Council or C.E.R.T. Limited, or
(e) any other institution approved by the Minister;
“local office” means an office of the Department or other place appointed by the Minister as a local office for the purposes of the Principal Act;
“maternity leave” has the meaning assigned to it by section 47(5);
“Member State” means a Member State of the European Communities;
“Minister” means the Minster for Social and Family Affairs;
“the National Health Insurance Acts” means the National Health Insurance Acts 1911 to 1952;
“prison” or “place of detention” means a place to which either the Prisons Acts 1826 to 1980, or the Criminal Justice Act 1960 (No. 27 of 1960) applies or, in relation to another State, any analogous place in which a person is detained by order of a responsible authority in that State;
“reckonable earnings” has the meaning assigned in article 3 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 );
“responsible authority” means any Court, Commission or Tribunal properly constituted according to the laws of a State in which a person has been committed to a prison or to a place of detention;
“the Act of 1973” means the Social Welfare Act 1973 (No. 10 of 1973);
“the Act of 1994” means the Maternity Protection Act 1994 (No. 34 of 1994);
“the Principal Act” means the Social Welfare Consolidation Act 2005 (No. 26 of 2005);
“the Regulations of 1996” means the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 );
“the Widows’ and Orphans’ Pensions Acts” means the Widows’ and Orphans’ Pensions Acts 1935 to 1952;
“Trade Union” has the meaning assigned to it by section 472C of the Taxes Consolidation Act 1997 .
Interpretation
4. In these Regulations, save where the context otherwise requires—
(a) a reference to a Part, Chapter or section is to a Part, Chapter or section of the Principal Act,
(b) a reference to a Schedule is to a Schedule to these Regulations,
(c) a reference to an article is to an article of these Regulations,
(d) a reference to a sub-article is to a sub-article of the article in which the reference occurs,
(e) a reference to a paragraph is to a paragraph of the sub-article or article in which the reference occurs.
Revocations
5. The Regulations specified in column (2) of Schedule 17 are hereby revoked to the extent specified in column (3) of the said Schedule.
Persons specified to be qualified adults
6. A spouse who is wholly or mainly maintained by a person is hereby specified, subject to sections 187 and 297, to be a qualified adult in relation to that person, for the purposes of the Principal Act where the spouse is—
(a) in employment or self-employment, or
(b) entitled to or in receipt of disablement benefit under section 75, death benefit under section 83, guardian’s payment (contributory), guardian’s payment (non-contributory) and to no other benefit or assistance (other than supplementary welfare allowance).
Income limit — qualified adult
7. (1) A person, being one of a couple, shall be regarded as wholly or mainly maintaining his or her spouse where that spouse’s weekly income, calculated or estimated in accordance with article 8, does not exceed €100.
(2) A person, being one of a married couple who are not living together, shall be regarded as wholly or mainly maintaining his or her spouse where that spouse is not cohabiting with another person as husband and wife and that spouse’s weekly income, calculated or estimated in accordance with article 8, does not exceed €100 and the first-mentioned person is contributing towards the maintenance of his or her spouse by a weekly amount which is equal to or in excess of the amount set down in column (3) of Part 1 of Schedule 4 to the Principal Act.
(3) A person, being—
(a) a single person,
(b) a widow,
(c) a widower, or
(d) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person’s spouse,
shall be regarded as wholly or mainly maintaining another person where that other person, being over the age of 16 years and having the care of one or more than one qualified child of the first-mentioned person, resides with the first-mentioned person and his or her weekly income, calculated or estimated in accordance with article 8, does not exceed €100.
(4) In sub-article (1)—
“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;
“spouse” means each person of a couple in relation to the other.
Calculation of income limit
8. (1) For the purposes of article 7, weekly income shall, subject to this article, be calculated or estimated—
(a) insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of all such earnings received in the previous 2 months where such earnings are received at monthly intervals or in the previous 6 weeks where such earnings are received at weekly or fortnightly intervals,
(b) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the last complete income tax year by 52,
(c) insofar as it consists of income from property (other than property referred to in paragraph (d)) which is invested or otherwise put to profitable use or which, though capable of investment or profitable use, is not invested or put to profitable use, by reference to the weekly value of the property, calculated as follows—
(i) the first €20,000 of the capital value of the property shall be excluded,
(ii) the weekly value of so much of the capital value of the property as exceeds €20,000 but does not exceed €30,000 shall be assessed at €1 per each €1,000,
(iii) the weekly value of so much of the capital value of the property as exceeds €30,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000,
(iv) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000,
(d) insofar as it consists of income from any other source (including rent or any other periodical payment receivable for the possession and use of property in all lands, tenements and hereditaments), by reference to the normal weekly amount of such income.
(2) In calculating or estimating the weekly income under sub-article (1), any sums received by way of disablement benefit under section 75, death benefit under section 83, child benefit, guardian’s payment (contributory), guardian’s payment (non-contributory) under the Principal Act, sums received by way of assistance in the maintenance at home of disabled children under section 61 of the Health Act 1970 (No. 1 of 1970) and known as domiciliary care allowance or sums received by way of payment from the Executive in respect of a child who is boarded out shall be disregarded.
(3) In calculating or estimating the weekly income under sub-article (1), any sums received from compensation awarded—
(a) by the Compensation Tribunal established by the Minister for Health on 15 December, 1995, the Hepatitis C Compensation Tribunal established under section 3 of the Hepatitis C Compensation Tribunal Act 1997 (No. 34 of 1997), the Hepatitis C and HIV Compensation Tribunal established under section 2 of the Hepatitis C Compensation Tribunal (Amendment) Act 2002 (No. 21 of 2002), or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin - Anti-D, whole blood or other blood products,
(b) by the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002 (No.13 of 2002),
(c) to persons who have disabilities caused by Thalidomide, or
(d) under the provisions of the Health (Repayment Scheme) Act 2006 (No. 17 of 2006) to a relevant person (within the meaning of that Act),
shall be disregarded.
(4) A deciding officer or appeals officer who, in any case, considers that the periods mentioned in sub-article (1) would not suffice in determining the amount of weekly income, may for the purposes of this article have regard to such other period which appears to the officer to be appropriate for that purpose.
Reduced rate qualified adult increase
9. Where a claimant or beneficiary of illness benefit, jobseeker’s benefit, injury benefit, or incapacity supplement under Part 2, jobseeker’s allowance, pre-retirement allowance, disability allowance or farm assist under Part 3, would be entitled to an increase in respect of his or her spouse but for the fact that the spouse’s weekly income, calculated or estimated in accordance with article 8, exceeds the limit prescribed in article 7, and the said spouse’s weekly income, calculated or estimated in accordance with article 8, is an amount specified in column (1) of Schedule 1, there shall be an increase in benefit, allowance, assistance or supplement, as the case may be, payable at the weekly rate shown opposite that group of amounts in column (2) of the said Schedule.
Reduced rate qualified adult increase— State pensions
10. Subject to articles 62(3) and 65(2), where a claimant or beneficiary of State pension (contributory) or State pension (transition) under Part 2, would be entitled to an increase in respect of his or her spouse but for the fact that the spouse’s weekly income, calculated or estimated in accordance with article 8, exceeds the limit prescribed in article 7, and the said spouse’s weekly income, calculated or estimated in accordance with article 8, is an amount specified in column (1) of Schedules 2 or 3, there shall be an increase in pension payable—
(a) in the case of a person to whom section 109(18), 109(19) or 113 applies, and whose spouse has not attained pensionable age, at half the weekly rate shown opposite that group of amounts in column (2) of Schedule 3,
(b) in the case of any other claimant or beneficiary whose spouse has not attained pensionable age, at the weekly rate shown opposite that group of amounts in column (2) of Schedule 3,
(c) in the case of a person to whom section 109(18), 109(19) or 113 applies, and whose spouse has attained pensionable age, at half the weekly rate shown opposite that group of amounts in column (2) of Schedule 2, or
(d) in the case of any other claimant or beneficiary whose spouse has attained pensionable age, at the weekly rate shown opposite that group of amounts in column (2) of Schedule 2.
Reduced rate qualified adult increase — invalidity pension
11. Where a claimant or beneficiary of invalidity pension under Part 2 would be entitled to an increase in respect of his or her spouse but for the fact that the spouse’s weekly income, calculated or estimated in accordance with article 8, exceeds the limit prescribed in article 7, and the said spouse's weekly income, calculated or estimated in accordance with article 8, is an amount specified in column (1) of Schedule 4, there shall be an increase in pension payable—
(a) in the case of a claimant or beneficiary whose spouse has not attained pensionable age, at the weekly rate shown opposite that group of amounts specified in column (2) of Schedule 4, or
(b) in the case of a claimant or beneficiary whose spouse has attained pensionable age, at the weekly rate shown opposite that group of amounts in column (3) of Schedule 4.
Spouse income limit — qualified child increase
12. The weekly income prescribed for the purposes of section 43(4), 56(4), 66(4) or 76(4), as calculated or estimated in accordance with article 8 shall be €400.
Normal residence of qualified child
13. (1) In this article—
“benefit” or “assistance” means any such payments under Parts 2 or 3 (other than guardian’s payment (contributory), death benefit by way of orphan’s pension, guardian’s payment (non-contributory), one-parent family payment or supplementary welfare allowance);
“parent” means a parent or step-parent.
(2) The person with whom a qualified child shall be regarded as normally residing shall be determined in accordance with this article.
(3) A qualified child shall, subject to sub-articles (4) to (11), be regarded as normally residing with his or her parents.
(4) A qualified child who is resident with one parent only, shall be regarded as normally residing with that parent and with no other person provided that, where that parent is a member of a household, that the parent so elects.
(5) A qualified child whose parents are separated and who is not resident with either parent shall be regarded as normally residing with the parent who has custody of the child provided that that parent is contributing substantially to the child’s maintenance.
(6) Notwithstanding the provisions of sub-article (4), a qualified child resident with one parent who is living apart from the other parent and who is not claiming or in receipt of benefit or assistance shall be regarded as residing with the other parent if that other parent is contributing substantially to the child’s maintenance.
(7) If one parent dies, a qualified child shall be regarded as normally residing with the other parent provided that that parent is maintaining the child.
(8) Where the normal residence of a qualified child falls to be determined under sub-article (6) or (7), and the person with whom the child would thus be regarded as normally residing has abandoned or deserted the child or failed to contribute substantially to the child’s maintenance, sub-article (6) or (7) shall cease to apply in respect of that child and the person with whom the child shall be regarded as normally residing shall be determined in accordance with sub-article (9).
(9) A qualified child, whose normal residence does not fall to be determined under the foregoing sub-articles, shall be regarded as normally residing with the head of the household of which the child is normally a member and with no other person.
(10) A qualified child who is a refugee within the State from another country shall be regarded as normally residing with the head of the household of which the child is for the time being a member and with no other person.
(11) Where a qualified child is resident in an institution, the child shall be regarded as normally residing only with the person (if any) who contributes towards the cost of the child’s maintenance in the institution, and with whom the child would, under this article, be regarded as normally residing, if the child were not resident in an institution.
Persons regarded as receiving full-time education
14. (1) Subject to sub-articles (2), (3) (4) and (5), for the purposes of section 2(3), a person shall be regarded as receiving full-time education while he or she is attending on a full-time basis a course of full-time instruction by day at an institution of education.
(2) For the purposes of sub-article (1), a course of full-time instruction at an institution of education shall not be regarded as including a course of training or instruction—
(a) provided or approved by An Foras Áiseanna Saothair and in respect of which an allowance is payable, but excluding a course known as Youthreach,
(b) which forms part of an employment or work experience programme,
(c) which arises from employment,
(d) which comprises, in an academic year, a period of work experience in respect of which remuneration is paid, where such period exceeds the time spent receiving instruction or tuition at an institution of education, or
(e) a course of training or instruction provided or approved by Teagasc, where, in an academic year such training or instruction comprises a period of work experience which exceeds the time spent receiving instruction or tuition at an institution of education.
(3) For the purposes of sub-article (1), a person shall be regarded as continuing to receive full-time education—
(a) for periods during an academic year when that person is not attending an institution of education arising from the temporary interruption to the provision of a course of full-time instruction or part of a cycle of education by an institution of education, and
(b) for the period immediately following the completion by that person of part of a cycle of education, where such part finishes between 1 May and 30 June in an academic year, up to and including the 3rd Sunday of the next following October or an earlier date if the beneficiary so elects.
(4) Sub-article (3)(b) shall not apply to a person who completes the final part of a cycle of education, other than the final part of a cycle approved by the Minister for Education and Science for the Leaving Certificate Examination of the State Examinations Commission, and terminates his or her attendance at an institution of education.
(5) In this article “beneficiary” means a person in receipt of or entitled to an increase in any benefit or assistance in respect of a qualified child who is of or over the age of 18 years and under the age of 22 years.
(6) Subject to sub-articles (7) and (8), for the purposes of section 2(6), a person shall be regarded as attending a full-time day course of study, instruction or training at an institution of education while he or she is attending a full-time day course of study, instruction or training at an institution of education other than a course of study, training or instruction referred to in paragraphs (a) to (e) of sub-article (2).
(7) For the purposes of sub-article (6) a person shall be regarded as continuing to attend a full-time day course of study, instruction or training at an institution of education for periods immediately following the completion by that person of part of a cycle of second level education, where such part finishes on any date between 1 May and 30 June, up to and including the next following 1 September, except where a person completes the final part of a cycle of second level education or where that person terminates second level education.
(8) For the purposes of sub-article (7) “cycle of second level education” means a cycle of education approved by the Minister for Education and Science for the Leaving Certificate Examination of the State Examinations Commission.
Persons regarded as available for employment
15. (1) Subject to sub-article (2), a person shall, for the purposes of Chapter 12 of Part 2 and Chapter 2 of Part 3, be regarded as being available for employment, if he or she can show to the satisfaction of the Minister, that he or she is willing and able, at once, to take up an offer of suitable full-time employment.
(2) A person shall not be regarded as being available for employment if he or she imposes unreasonable restrictions on—
(a) the nature of the employment,
(b) the hours of work,
(c) the rate of remuneration,
(d) the duration of the employment,
(e) the location of the employment, or
(f) other conditions of employment
he or she is prepared to accept.
(3) In determining what constitutes suitable full-time employment for the purposes of sub-article (1), regard shall be had to the following—
(a) the skills, qualifications and experience of the person concerned,
(b) the period for which the person has been unemployed, and
(c) the availability of employment vacancies within travelling distance of his or her residence.
Persons regarded as genuinely seeking employment
16. (1) For the purposes of Chapter 12 of Part 2 and Chapter 2 of Part 3, a person shall be regarded as genuinely seeking employment if he or she can show, to the satisfaction of the Minister, that he or she has, in the relevant period, taken reasonable steps which offer him or her the best prospects of obtaining employment.
(2) For the purpose of sub-article (1) “steps” shall include—
(a) applications for employment made to persons—
(i) who have advertised the availability of employment, or
(ii) who appear to be in a position to offer employment,
(b) seeking information on the availability of employment from—
(i) employers,
(ii) advertisements,
(iii) persons who have placed advertisements which indicate that employment is available, or
(iv) employment agencies,
(c) availing of reasonable opportunities for training which is suitable in his or her circumstances,
(d) acting on advice given by an officer of the Minister, An Foras Áiseanna Saothair or other placement service concerning the availability of employment, and
(e) taking steps towards establishing himself or herself in self-employment.
(3) For the purpose of this article, the taking of one step on a single occasion during the relevant period shall not be sufficient unless taking that step on that occasion, in that period, is all that is reasonable for the person concerned to do.
(4) In determining for the purposes of this article whether, in a relevant period, a person has taken the steps which are reasonable in his or her case, regard shall be had to his or her circumstances, including in particular—
(a) his or her skills, qualifications and experience,
(b) the steps which he or she has taken previously to seek employment,
(c) the availability and location of vacancies for employment,
(d) the duration of his or her period of unemployment, and
(e) his or her family circumstances.
(5) For the purposes of this article, “relevant period” means the period in respect of which the person concerned has made a declaration in accordance with articles 52 and 118.
Expenses
17. The Minister shall pay such reasonable and necessary travelling and other expenses, as he or she may determine, which are incurred by a person who is required to attend for medical or other examination under—
(a) article 24(2),
(b) article 34(1),
(c) article 58(1),
(d) article 78(1),
(e) article 135(1), or
(f) article 171(1).
Conversion of contributions paid under National Health Insurance Acts
18. In taking contributions paid by or in respect of an employed contributor under the National Health Insurance Acts into account under article 61(2) or article 69(2), every 2 such contributions under those Acts shall be reckoned as 3 contributions paid, with any odd contribution being reckoned as 2 contributions paid.
Qualified child increase — linked claims
19. (1) Subject to sub-article (2), for the purposes of section 2(3)(b)(ii), (iii), (iv) and (v), any periods during which the applicant was previously entitled to or in receipt of a relevant payment may be taken into account in calculating the 156 days, provided that not more than 13 weeks has elapsed since the applicant’s last relevant payment.
(2) Periods referred to in sub-article (1) during which the applicant was entitled to or in receipt of a relevant payment will only be taken into account where successive periods are not separated by more than 13 weeks.
(3) In this article “relevant payment” has the meaning assigned to it by section 2(4).
PART 2 Social Insurance Payments
CHAPTER 1 Illness Benefit
Persons deemed to be incapable of work
20. (1) For the purposes of Chapter 8 of Part 2, and for no other purpose, a person who is not incapable of work shall, if it is so decided under the provisions of the Principal Act, be deemed to be incapable of work by reason of some specific disease or bodily or mental disablement for any day when—
(a) he or she is under medical care in respect of such a disease or disablement and it is certified by a registered medical practitioner that by reason of such disease or disablement he or she should abstain from work and he or she does not work, or
(b) he or she is a probable source of infection with a disease specified in regulations under the Health Act 1947 (No. 28 of 1947), to be an infectious disease and he or she abstains from work in pursuance of a written order or written advice of a registered medical practitioner.
(2) A person who at the commencement of any day is, or thereafter on that day becomes, incapable of work by reason of some specific disease or bodily or mental disablement and does not work on that day shall be deemed to be so incapable throughout that day.
Days not to be treated as days of incapacity for work
21. For the purposes of Chapter 8 of Part 2, a day shall not be treated as a day of incapacity, for work if it is a day in respect of which a person—
(a) fails to prove to the satisfaction of the Minister that he or she is incapable of work, or
(b) is being paid by her employer in respect of health and safety leave in accordance with section 18(4) of the Act of 1994, or
(c) does any work other than work of the nature specified in articles 24(3) and (4).
Night workers
22. (1) Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of Chapter 8 of Part 2, as being, by virtue of such employment, employed—
(a) where the first day is a Monday, Tuesday, Wednesday, Thursday or Friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday, he or she shall be regarded as being employed only on the first day, or
(b) in any other case, he or she shall be regarded as being employed only on the second day.
(2) Where by virtue of the provisions of sub-article (1), a person—
(a) is to be treated as having been employed on 1 day only of 2 days, and
(b) throughout that part of the other of those 2 days during which that person is incapable of work,
that person shall, for the purposes of Chapter 8 of Part 2, be deemed to be so incapable of work throughout that other of those 2 days.
(3) Where by virtue of the provisions of sub-article (1), a person—
(a) is to be treated as having been employed on the second day only of 2 days, and
(b) throughout the day immediately preceding the first of those 2 days is incapable of work,
that person shall, for the purposes of Chapter 8 of Part 2, be deemed to be so incapable of work throughout the first of those 2 days.
Special provision relating to delay or failure in claiming
23. Notwithstanding anything contained in article 21, a person who, in respect of any period of interruption of employment, would have been entitled to illness benefit for any day but for any delay or failure on his or her part to make or prosecute a claim, shall for the purposes of section 44 be treated as having been entitled to illness benefit for that day, but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to illness benefit for that day, to avoid the necessity of re-qualifying for benefit under the said section.
Disqualifications
24. (1) A person shall be disqualified for receiving illness benefit for such period not exceeding 9 weeks as may be determined under the provisions of the Principal Act if he or she—
(a) has become incapable of work through his or her own misconduct,
(b) fails without good cause to attend for, or to submit himself or herself to, medical or other examination in accordance with sub-article (2),
(c) fails without good cause to—
(i) comply with any instructions relating to his or her incapacity issued by a registered medical practitioner attending on him or her or to whom he or she attended for medical or other examination,
(ii) refrain from behaviour which is likely to hinder his or her recovery,
(iii) see an officer of the Minister and to answer any reasonable enquiries by any such officer relating to his or her claim.
(2) (a) An officer of the Minister may, on giving not less than 7 days notice in writing, require any person who claims or is entitled to illness benefit to submit himself or herself to medical or other examination at such time and place as may be specified in the notice.
(b) Notice of the time and place of the examination referred to in paragraph (a) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.
(3) A person may, with the prior written permission of an officer of the Minister, for a specified period of time undertake the following types of work or training—
(a) having become incapable of following his or her normal occupation, he or she is undergoing a course of training with a view to taking up some other occupation,
(b) he or she is engaged in part-time work in the nature of rehabilitation or occupational therapy.
(4) A person may engage in the following limited work without prior written permission or specified period of time—
(a) light work for which no remuneration is, or would normally be, payable,
(b) work undertaken primarily as a part of his or her treatment while he or she is a patient in, or of, a hospital, sanatorium, or other similar institution and his or her weekly earnings in respect of that work do not exceed €50,
(c) work under a scheme which is, in the opinion of the Minister, charitable in character and purpose and his or her weekly earnings in respect of that work do not exceed €50.
Reckoning of periods of interruption of employment
25. For the purpose of reckoning periods of interruption of employment, and for that purpose only, any day in respect of which a person is entitled to and is in receipt of maternity benefit shall be treated as a day of incapacity for work.
Qualifying conditions — illness benefit
26. (1) For the purposes of section 41(1)(c)—
(a) the prescribed period shall be the governing contribution year,
(b) subject to sub-article (2), the prescribed reckonable weekly earnings or, in the case of a person who qualifies for illness benefit by virtue of having paid optional contributions, reckonable weekly income, shall be calculated as the total reckonable earnings or total reckonable income, as the case may be, in the prescribed period divided by the number of qualifying contributions in the said period, and
(c) in the case of a claim where—
(i) the period of interruption of employment commenced before 29 December 2003, the prescribed amount shall be €88.87, and
(ii) the period of interruption of employment commenced on or after 29 December 2003, the prescribed amount shall be €149.99.
(2) In the case of a claimant whose reckonable weekly earnings or reckonable weekly income, as the case may be, if any, are less than €32.00, as calculated in accordance with sub-article (1)(b), he or she shall be deemed to have reckonable weekly earnings or reckonable weekly income of €32.00.
(3) In the case of a claimant whose claim, by virtue of having been entitled to or in receipt of illness benefit or jobseeker’s benefit in respect of any day in the 13 week period preceding 4 January 1993, forms part of a period of interruption of employment which commenced prior to that date, the provisions of this article shall not have the effect of reducing the rate of illness benefit payable below that to which he or she was previously entitled.
Partial satisfaction of conditions for illness benefit
27. Where a claimant would be entitled to illness benefit but for the fact that the amount of his or her reckonable weekly earnings or, in the case of a person who qualifies for illness benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed the amount prescribed in article 26(1)(c), the following provisions shall apply—
(a) where, in the case of a claim to illness benefit where the period of interruption of employment commenced before 29 December 2003, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 5, there shall be entitlement to illness benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,
(b) where, in the case of a claim to illness benefit where the period of interruption of employment commenced on or after 29 December 2003, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 6, there shall be entitlement to illness benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,
(c) (i) any increase of illness benefit payable under section 43(1), in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, does not exceed the limit prescribed in article 7, shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedules 5 or 6 as the case may be, and
(ii) any increase of illness benefit payable under section 297, in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, is an amount specified in column (1) of Schedule 7, shall be payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule, and
(d) any increase of illness benefit in respect of a qualified child, payable under section 43(2), shall be the same as if the condition as respects the reckonable weekly earnings or reckonable weekly income had been fully satisfied.
Contribution conditions — illness benefit
28. Where a claimant would be entitled to illness benefit but for the fact that he or she does not satisfy the requirement contained in section 41(1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the governing contribution year, he or she shall be entitled to benefit if he or she—
(a) has qualifying contributions in respect of at least 13 contribution weeks in either of the 2 contribution years preceding the governing contribution year or in a subsequent contribution year,
(b) was immediately before claiming illness benefit in receipt of jobseeker’s allowance and was a person to whom section 142(1)(a) applied, or
(c) was immediately before claiming illness benefit in receipt of—
(i) pre-retirement allowance, or
(ii) invalidity pension, or
(d) was, immediately before claiming illness benefit—
(i) in receipt of carer’s benefit or carer’s allowance,
(ii) a prescribed relative within the meaning of section 179 and in respect of whom an allowance is payable,
(iii) providing full-time care to a person who is in receipt of an increase of disablement pension under section 78 in respect of the need for constant attendance.
CHAPTER 2 Maternity Benefit
Expected week of confinement and duration of maternity benefit in certain cases
29. (1) The expected week of confinement to be specified in any certificate pursuant to section 47(1)(a) shall not be more than 16 weeks after the week in which the certificate is given.
(2) Where in respect of a claim to maternity benefit it is certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that a woman has been confined, and no such certificate as is referred to in paragraph (a) of section 47(1) has been given, the said paragraph shall for the purpose of that claim, be modified and shall apply as if the said paragraph required that it had been certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that the woman concerned had been confined.
(3) In the case of a woman to whom sub-article (2) applies, maternity benefit shall, subject to article 35, be payable for such 24 week period as may be determined by a deciding officer.
Postponement of maternity benefit in event of hospitalisation of child
30. (1) Subject to this article, a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may postpone the payment of maternity benefit where the claimant is an employed contributor and it is certified by that person's employer that the claimant is entitled to the postponement of maternity leave under the provisions of sections 14B or 16B (as inserted by sections 7 and 12 of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Act of 1994.
(2) Subject to sub-article (3), a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may be entitled to resume the payment of maternity benefit where the claimant is an employed contributor and it is certified by that person's employer that the claimant is entitled to resume postponed maternity leave under the provisions of sections 14B or 16B of the Act of 1994.
(3) For the purposes of sub-article (2), upon resumption of the period of entitlement to maternity leave, maternity benefit shall be paid—
(a) in one continuous period commencing not later than 7 days after the discharge of the child from hospital, and
(b) for the duration of the remaining period of maternity benefit to which that person is entitled, subject to a maximum of 12 weeks.
(4) The maximum period for which maternity benefit may be postponed under the provisions of this article is 6 months.
Volunteer development workers — qualifying conditions
31. (1) (a) Subject to paragraph (b), a volunteer development worker shall be entitled to maternity benefit where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 48 are not satisfied.
(b) For the purposes of paragraph (a) the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the first day of maternity leave.
(2) (a) Subject to paragraph (b), a person who ceases to be a volunteer development worker shall be entitled to maternity benefit in respect of any claim made in the benefit year in which the person returns to the State from a developing country or in the next succeeding benefit year where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 48 are not satisfied.
(b) For the purposes of paragraph (a) the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the first day of maternity leave.
Determination of income tax year and prescribed weekly amount for purposes of maternity benefit
32. (1) The income tax year prescribed for the purposes of section 49 shall be the second last complete income tax year before the beginning of the benefit year in which the first day of maternity leave occurs.
(2) The amount prescribed for the purposes of section 49(1)(c) shall be €207.80.
Calculation of reckonable weekly earnings
33. For the purposes of section 49(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 €350.
Medical examination to determining validity of certificate
34. (1) Where any question arises as to the validity of a certificate by virtue of which a woman claims or is entitled to maternity benefit, she shall, unless the confinement has already occurred, on receipt of not less than 3 days notice in writing given by an officer of the Minister, submit herself to medical examination at such time and place as may be specified in the notice with a view to obtaining a further certificate.
(2) Notice of the time and place of the medical examination referred to in sub-article (1) shall also be sent to the registered medical practitioner (if any) who is attending the woman required to submit herself to such examination.
Disqualifications
35. (1) Subject to sub-article (2), a person shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the person engages in any occupation other than domestic duties in that person’s own household.
(2) A disqualification referred to in sub-article (1) shall—
(a) commence not earlier than the first day on which the person engages in any occupation other than domestic duties in that person’s own household,
(b) not apply for the day on which the confinement occurs where a person engages in such occupation before the confinement, and
(c) cease, for any day after the confinement where the person no longer engages in said occupation.
(3) Subject to sub-article (4), a person shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the person fails without good cause to attend for or to submit herself to medical examination in accordance with article 34(1).
(4) A disqualification referred to in sub-article (3) shall—
(a) commence not earlier than the day on which the failure occurs,
(b) not apply for the day on which the confinement occurs in the event of the person being confined after such failure, and
(c) cease, for any day after the confinement where the person submits herself to medical examination in accordance with article 34(1).
CHAPTER 3 Health and Safety Benefit
Qualifying conditions for benefit
36. (1) For the purposes of section 53(1)(b)—
(a) the prescribed period shall be the second last complete contribution year before the beginning of the benefit year which includes the first day for which health and safety benefit is claimed,
(b) subject to sub-article (2), the prescribed reckonable weekly earnings shall be calculated as the total reckonable earnings in the prescribed period divided by the number of qualifying contributions in the said period, and
(c) in the case of a claim where—
(i) the period of health and safety leave commenced before 29 December 2003, the prescribed amount shall be €88.87, and
(ii) the period of health and safety leave commenced on or after 29 December 2003, the prescribed amount shall be €149.99.
(2) In the case of a claimant whose reckonable earnings, if any, are less than €32.00, as calculated in accordance with sub-article (1), she shall be deemed to have reckonable weekly earnings of €32.00.
Partial satisfaction of conditions for benefit
37. Where a claimant would be entitled to benefit but for the fact that her reckonable weekly earnings do not exceed the amount prescribed in article 36(1)(c), the following provisions shall apply—
(a) in the case of a claim to health and safety benefit where the period of health and safety leave commenced before 29 December 2003 and the reckonable weekly earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 5 there shall be entitlement to health and safety benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,
(b) in the case of a claim to health and safety benefit where the period of health and safety leave commenced on or after 29 December 2003 and the reckonable weekly earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 6 there shall be entitlement to health and safety benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,
(c) any increase of health and safety benefit in respect of a qualified adult, payable under section 56(1) shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedules 5 or 6 as the case may be, and
(d) any increase of health and safety benefit in respect of a qualified child, payable under section 56(2) shall be the same as if the condition regarding reckonable weekly earnings had been fully satisfied.
CHAPTER 4 Adoptive Benefit
Definitions
38. In this Chapter “relevant day” has the meaning assigned to it by section 59(2).
Volunteer development workers — qualifying conditions
39. (1) (a) Subject to paragraph (b), a volunteer development worker shall be entitled to adoptive benefit where that person would otherwise qualify therefor but for the fact that the contribution conditions in section 59 are not satisfied.
(b) For the purposes of paragraph (a) the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the relevant day.
(2) (a) Subject to paragraph (b), a person who ceases to be a volunteer development worker shall be entitled to adoptive benefit in respect of any claim made in the benefit year in which that person returns to the State from a developing country or in the next succeeding benefit year where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 59 are not satisfied.
(b) For the purposes of paragraph (a), the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the relevant day.
Determination of income tax year and prescribed weekly amount
40. (1) The income tax year prescribed for the purposes of section 60 shall be the second last complete income tax year before the beginning of the benefit year in which the relevant day occurs.
(2) The amount prescribed for the purposes of section 60(1)(c) shall be the amount specified in article 32(2).
Calculation of reckonable weekly earnings
41. For the purposes of section 60(2) the average amount of 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 33.
Disqualifications
42. (1) Subject to sub-article (2), an adopting parent shall be disqualified for receiving adoptive benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the adopting parent engages in any occupation other than domestic activities in that parent's own household.
(2) A disqualification referred to in sub-article (1) shall not commence earlier than the first day on which the adopting parent engages in any occupation other than domestic activities in that parent's own household.
Postponement of adoptive benefit during hospitalisation of child
43. (1) Subject to this article, a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may postpone the payment of adoptive benefit where the claimant is an employed contributor and it is certified by that person’s employer that the claimant is entitled to the postponement of adoptive leave under the provisions of section 11C (as inserted by section 9 of the Adoptive Leave Act 2005 (No. 25 of 2005)) of the Adoptive Leave Act 1995 .
(2) Subject to sub-article (3), a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may be entitled to resume the payment of adoptive benefit where the claimant is an employed contributor and it is certified by that person's employer that the claimant is entitled to resume postponed adoptive leave under the provisions of section 11C of the Adoptive Leave Act 1995 .
(3) For the purposes of sub-article (2), upon resumption of the period of entitlement to adoptive leave, adoptive benefit shall be paid—
(a) in one continuous period commencing not later than 7 days after the discharge of the child from hospital, and
(b) for the duration of the remaining period of adoptive benefit to which that person is entitled.
CHAPTER 5 Jobseeker’s Benefit
Days not to be treated as days of unemployment
44. (1) For the purposes of Chapter 12 of Part 2, a day shall not be treated as a day of unemployment if it is a day in respect of which a person—
(a) fails to prove to the satisfaction of the Minister that he or she is unemployed, capable of work and available for employment, or
(b) follows any occupation from which he or she derives any remuneration or profit, unless such occupation could ordinarily have been followed by him or her in addition to his or her usual employment and outside the ordinary working hours of that employment and either—
(i) the remuneration or profit therefrom for any such day does not exceed €12.70, or, where the remuneration or profit is in respect of a period longer than a day, such remuneration or profit does not on the daily average exceed that amount, or
(ii) not less than 117 employment contributions have been paid in respect of him or her in respect of either the period of 3 years immediately preceding that day or in respect of the last 3 complete contribution years immediately preceding that day.
(2) Where the provisions of sub-paragraph (1)(b)(ii) are satisfied as respects any day they shall continue to be regarded as satisfied in respect of any subsequent day which is in the same period of interruption of employment.
(3) For the purposes of Chapter 12 of Part 2 and notwithstanding the provisions of sub-article (1)(b), any day on which a person is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health and Children for the purposes of the provision of such training) shall be treated as a day of unemployment and the person shall be deemed to be available for employment on any such day.
Night workers
45. (1) Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of jobseeker’s benefit, as being, by virtue of such employment, employed—
(a) where the first day is a Monday, Tuesday, Wednesday, Thursday or Friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday, he or she shall be regarded as being employed only on the first day, and that day shall not be treated as a day of unemployment, or
(b) in any other case, he or she shall be regarded as being employed only on the second day, and that day shall not be treated as a day of unemployment.
(2) Where by virtue of the provisions of sub-article (1), a person—
(a) is to be treated as having been employed on 1 day only of 2 days, and
(b) throughout that part of the other of those 2 days during which that person is not employed, or is deemed in accordance with regulations to be available for employment,
that person shall, for the purposes of Chapter 12 of Part 2, be deemed to be so available for employment, throughout that other of those 2 days.
Special provision relating to delay or failure in claiming
46. Notwithstanding anything contained in article 44, a person who, in respect of any period of interruption of employment, would have been entitled to jobseeker’s benefit for any day but for any delay or failure on his or her part to make or prosecute a claim, shall, for the purposes of section 67 be treated as having been entitled to jobseeker’s benefit for that day, but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to jobseeker’s benefit for that day, to avoid the necessity of requalifying for jobseeker’s benefit under the said section.
Qualifying conditions — jobseeker’s benefit
47. (1) For the purposes of section 64(1)(c)—
(a) the prescribed period shall be the governing contribution year,
(b) subject to sub-article (2), the prescribed reckonable weekly earnings or, in the case of a person who qualifies for jobseeker’s benefit by virtue of having paid optional contributions, reckonable weekly income, shall be calculated as the total reckonable earnings or total reckonable income, as the case may be, in the prescribed period divided by the number of qualifying contributions in the said period, and
(c) in the case of a claim where—
(i) the period of interruption of employment commenced before 25 December 2003, the prescribed amount shall be €88.87, and
(ii) the period of interruption of employment commenced on or after 25 December 2003, the prescribed amount shall be €149.99.
(2) In the case of a claimant whose reckonable weekly earnings or reckonable weekly income, as the case may be, if any, are less than €32.00, as calculated in accordance with sub-article (1)(b), he or she shall be deemed to have reckonable weekly earnings or reckonable weekly income of €32.00.
(3) In the case of a claimant whose claim, by virtue of having been entitled to or in receipt of jobseeker’s benefit or illness benefit in respect of any day in the 13 week period preceding 4 January 1993, forms part of a period of interruption of employment which commenced prior to that date, the provisions of this article shall not have the effect of reducing the rate of jobseeker’s benefit payable below that to which he or she was previously entitled.
Partial satisfaction of conditions for jobseeker’s benefit
48. Where a claimant would be entitled to jobseeker’s benefit but for the fact that the amount of his or her reckonable weekly earnings or, in the case of a person who qualifies for jobseeker’s benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed the amount prescribed in sub-article 47(1)(c), the following provisions shall apply—
(a) in the case of a claim to jobseeker’s benefit where the period of interruption of employment commenced before 25 December 2003 and the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 5, there shall be entitlement to jobseeker’s benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,
(b) in the case of a claim to jobseeker’s benefit where the period of interruption of employment commenced on or after 25 December 2003 and the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 6, there shall be entitlement to jobseeker’s benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,
(c) (i) any increase of jobseeker’s benefit payable under section 66(1), in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, does not exceed the limit prescribed in article 7, shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedules 5 or 6 as the case may be, and
(ii) any increase of jobseeker’s benefit payable under section 297, in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, is an amount specified in column (1) of Schedule 7, shall be payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,
and
(d) any increase of jobseeker’s benefit in respect of a qualified child, payable under section 66(2), shall be the same as if the condition as to the reckonable weekly earnings or reckonable weekly income had been fully satisfied.
Substantial loss of employment
49. Where a claimant’s reckonable earnings or reckonable income are reduced as a consequence of the loss of employment a claimant shall be regarded, for the purposes of section 62(1)(d), as having sustained a substantial loss of employment in any period of 6 consecutive days as an officer of the Minister may determine, where he or she has lost 1 day of insurable employment.
Disqualification
50. The amount prescribed for the purposes of section 68(6)(e) shall be €50,000.
Casual employment
51. (1) A person shall be regarded, for the purposes of section 62(1)(d), as being engaged in casual employment where—
(a) he or she is normally employed for periods of less than a week,
(b) the number of days and the days of the week on which he or she is employed in each period varies with the level of activity in the employer’s business, and
(c) on the termination of each period of employment he or she has no assurance of being re-employed with the same employer.
(2) In determining, for the purposes of sub-article (1), whether a person is engaged in casual employment account shall be taken of his or her employment in the 6 months immediately preceding the first day of his or her claim for jobseeker’s benefit.
(3) Where a deciding officer or appeals officer considers that the period referred to in sub-article (2) is not appropriate to determine whether a person is engaged in casual employment, he or she may have regard to such other period which appears to him or her to be appropriate for that purpose.
Prescribed manner for proving unemployment
52. A person shall prove unemployment for the purposes of section 62(1)(b) by attending at a local office at such time as an officer of the Minister may direct for the purpose of making a written declaration, in such form as the Minister may determine or by making such declaration in such other manner as the Minister may determine, that—
(a) he or she has been continuously unemployed since the date of his or her claim for jobseeker’s benefit, or
(b) he or she has been unemployed or expects to be unemployed during each day in respect of which jobseeker’s benefit is claimed.
CHAPTER 6 Carer’s Benefit
Interpretation
53. In this Chapter—
“carer” has the meaning assigned to it by section 99;
“institution” means—
(a) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto and any other similar establishment providing residence, maintenance or care for the persons therein, or
(b) a private dwelling wherein a person is boarded out under an arrangement with the Executive;
“relevant person” has the meaning assigned to it by section 99.
Conditions to be satisfied by non-resident carer
54. (1) Subject to sub-article (2) the conditions prescribed for the purposes of paragraph (b) of the definition of “carer” contained in section 99(1) are that—
(a) a direct system of communication must exist between the carer’s residence and that of the relevant person, and
(b) the relevant person is not already receiving full-time care and attention within his or her own residence from a person other than the applicant.
(2) For the purposes of paragraph (a) of sub-article (1) a system of communication shall include a telephone or alarm system.
Prescribed manner for certification of disability
55. The prescribed manner for certification by a medical practitioner of the nature and extent of a relevant person’s disability shall be in the form for the time being approved by the Minister.
Circumstances in which carer is to be regarded as providing full-time care and attention
56. A carer may, for the purposes of Chapter 14 of Part 2, continue to be regarded as providing full-time care and attention to a relevant person where that carer—
(a) would qualify for payment of benefit but for the fact that either the carer or the relevant person is undergoing medical or other treatment of a temporary nature in an institution for a period of not longer than 13 weeks, or
(b) the relevant person is attending—
(i) a non-residential course of rehabilitation training provided by an organisation (being an organisation recognised by the Minister for Health and Children for the purposes of the provision of such training), or
(ii) a non-residential place of day care approved by the Minister for Health and Children.
Conditions and circumstances under which a carer may engage in employment, self-employment, training and education
57. (1) Subject to sub-article (2), where it is shown to the satisfaction of a deciding officer or an appeals officer that adequate provision has been made for the care of the relevant person, a carer may—
(a) engage, subject to sub-article (3), in employment, or
(b) engage, subject to sub-article (4), in self-employment, or
(c) undertake such training or course of education as the Minister may from time to time determine.
(2) The aggregate duration of the activities outside the home referred to in paragraphs (a), (b) and (c) of sub-article (1) shall not exceed 15 hours per week.
(3) The earnings derived from employment outside the home under paragraph (a) of sub-article (1) and calculated in accordance with sub-article (5) shall not exceed €290 per week.
(4) The conditions for the purposes of paragraph (b) of sub-article (1) are that the amount of gross income derived from such self-employment, outside the home, reduced by any expenses necessarily incurred, does not exceed €290 per week.
(5) For the purposes of sub-article (3) the earnings shall be calculated as the gross earnings reduced by the aggregate of—
(a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 ),
(b) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No. 39 of 1997),
(c) any contributions payable under section 13(2)(b) and Regulations made under section 14,
(d) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),
(e) any payment to a Trade Union,
(f) any health insurance contract premium.
Medical examination and disqualification
58. (1) An officer of the Minister may, on giving not less than 3 days notice in writing, require a relevant person to submit himself or herself to medical or other examination at such time and place as may be specified in the notice.
(2) Notice of the time and place of the examination referred to in sub-article (1) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.
(3) Subject to sub-article (4), a carer shall be disqualified for receiving carer’s benefit if and for so long as the person in respect of whose full-time care and attention the benefit is payable, fails without good cause to attend for or submit to the medical examination in accordance with this article.
(4) A disqualification referred to in sub-article (3) shall not commence earlier than the day on which the failure to attend for or submit to the medical examination occurs.
CHAPTER 7 State Pension (Contributory)
Interpretation
59. In this Chapter—
“entry into insurance” in the case of a relevant person has the meaning assigned to it by section 108(5);
“relevant period” means the period over which the yearly average of contributions is calculated for State pension (contributory) purposes in accordance with section 108(2);
“relevant person” has the meaning assigned to it by section 108(4);
“yearly average” and “alternative yearly average” have the meanings assigned to them by section 108(2).
Conditions to be satisfied by non-resident homemaker
60. (1) Subject to sub-article (2) the conditions prescribed for the purposes of paragraph (c)(iii) of the definition of “homemaker” contained in section 108(2) are that—
(a) a direct system of communication must exist between the homemaker's residence and that of the relevant person, and
(b) the relevant person is not already receiving full-time care and attention within his or her own residence from a person other than the applicant.
(2) For the purposes of paragraph (a) of sub-article (1) a system of communication shall include a telephone or alarm system.
(3) For the purposes of this article “relevant person” has the meaning given to it by section 179.
Reckoning of contributions under National Health Insurance Acts
61. (1) Notwithstanding section 108(4), a person who—
(a) had not attained the age of 60 years before 5 January 1953, and
(b) had not entered into insurance before attaining that age,
shall be deemed to satisfy the condition for State pension (contributory) contained in section 109(1)(a) if contributions as an employed contributor under the National Health Insurance Acts had been paid by or in respect of him or her, but, in any such case, the yearly average for the purposes of section 109(1)(c) shall be calculated in accordance with sub-article (3).
(2) Notwithstanding section 108(5), for the purpose of satisfying the contribution condition for State pension (contributory) contained in section 109(1)(b), contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall, subject to article 18 be taken into account, but, in any such case, the yearly average for the purposes of section 109(1)(c) shall be calculated in accordance with sub-article (3).
(3) The yearly average, in the case of a person to whom sub-article (1) or (2) applies, shall be the average per contribution year of contribution weeks in respect of which that person has qualifying contributions, voluntary contributions or credited contributions reckonable for State pension (contributory) purposes in the period commencing—
(a) on 5 January 1953, in case the claimant is a man, or
(b) on 6 July 1953, in case the claimant is a woman,
and ending at the end of the last complete contribution year before the date of the claimant's attaining pensionable age.
Partial satisfaction of contribution conditions for State pension (contributory)
62. (1) Subject to sub-article (2), where a person would be entitled to State pension (contributory) but for the fact that the relevant yearly average contribution conditions are not satisfied, he or she shall be entitled to pension at a rate determined in accordance with sub-articles (3), (4) and (6).
(2) Sub-article (1) shall apply in the case of a person—
(a) who has a yearly average of not less than 10, and
(b) where he or she has a yearly average of less than 20, he or she has qualifying contributions in respect of not less than 260 contribution weeks since entry into insurance.
(3) 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 8 the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule.
(4) Subject to sub-article (5), in the case of a person to whom sub-article (3) applies, any increase payable under section 112(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 8, 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 8.
(5) In the case of a person to whom section 109(10) applies, the minimum rate of increase payable in accordance with sub-article (4) shall be—
(a) €129.80 where his or her spouse is over the age of 66 years, and
(b) €113.10 where his or her spouse is under the age of 66 years.
(6) Subject to sub-article (7), in the case of a person to whom sub-article (3) applies, any increase payable in accordance with section 297 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 8 is an amount specified in column (1) of Schedule 2, at the weekly rate shown opposite that amount—
(i) in column (3) where the yearly average of the claimant or beneficiary is 20-47,
(ii) in column (4) where the yearly average of the claimant or beneficiary is 15-19,
(iii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and
(iv) in column (6) 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 8 is an amount specified in column (1) of Schedule 3, at the weekly rate shown opposite that amount—
(i) in column (3) where the yearly average of the claimant or beneficiary is 20-47,
(ii) in column (4) where the yearly average of the claimant or beneficiary is 15-19,
(iii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and
(iv) in column (6) where the yearly average of the claimant or beneficiary is 5-9.
(7) In the case of a person to whom section 109(10) applies, where his or her spouse’s income, calculated in accordance with article 8 is an amount specified in column (1) of Schedule 9 the rate payable shall be that shown in—
(a) column (2) of Schedule 9 where his or her spouse has attained pensionable age, and
(b) column (3) of Schedule 9 where his or her spouse has not attained pensionable age.
Entitlement to pro-rata State pension (contributory)
63. In the case of a relevant person who—
(a) would, but for the fact that the contribution condition set out in section 109(1)(c) is not satisfied, be entitled to State pension (contributory),
(b) is not entitled to pension under article 62,
(c) is not in receipt of an State pension (contributory) by virtue of article 65, Regulation (EEC) 1408/71 1 of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 287, and
(d) had periods in which he or she had been—
(i) employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in articles 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 were paid, and
(ii) an employed contributor, or a self-employed contributor or a voluntary contributor in respect of whom—
(I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory), have been paid in respect of or credited to him or her, or
(II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory), have been paid in respect of him or her,
since—
(A) 5 January 1953, as respects a man,
(B) 6 July 1953, as respect a woman, or
(C) his or her date of entry into insurance,
whichever is the later,
he or she shall be entitled to a State pension (contributory) at the rate calculated in accordance with article 64.
Calculation of rate of pro-rata State pension (contributory)
64. (1) The rate of State pension (contributory) payable to a relevant person referred to in article 63 shall be calculated in accordance with the formula—
A X B
C
where—
A is the rate of State pension (contributory) which would be payable to the relevant person if all of the contributions specified at C in respect of that person during the relevant period were reckonable for State pension (contributory) purposes,
B is the number of—
(i) employment contributions paid in respect of or credited to the relevant person,
(ii) self-employment contributions paid by him or her, and
(iii) voluntary contributions paid by him or her,
during the relevant period, which are reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory), and
C is the total number of—
(i) all of the employment contributions (other than employment contributions payable by a person who becomes an insured person by virtue of section 12(1)(b) only) paid in respect of or credited to the relevant person,
(ii) all of the self-employment contributions paid by him or her, and
(iii) all of the voluntary contributions paid by him or her,
during the relevant period.
(2) Notwithstanding sub-article (1), any increase payable under section 112(2), (4), (5) or (6) shall be the same as if the contribution condition set out in section 109(1)(c) had been fully satisfied.
Special partial State pension (contributory)
65. (1) In the case of a person who became an employed contributor paying employment contributions reckonable for the purposes of entitlement to State pension (contributory) at the time of and as a consequence of the coming into operation of section 12 of the Act of 1973 having earlier ceased to be an employed contributor and who would be entitled to State pension (contributory) but for the fact that the relevant yearly average contribution condition is not satisfied and that person is not entitled to State pension (contributory) under article 62 he or she shall, where the person has a yearly average of not less than 5, be entitled to State pension (contributory) at a rate determined in accordance with sub-articles (2), (3) and (5).
(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 8, 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) Subject to sub-article (4), in the case of a person to whom sub-article (2) applies, any increase payable under section 112(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 8, and
(b) in any other case, at the weekly rate shown in column (4) opposite to the amount shown in column (2) of Schedule 8.
(4) In the case of a person who, on 5 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, the minimum rate of increase payable in accordance with sub-article (3) shall be—
(a) €129.80 where his or her spouse is over the age of 66 years, and
(b) €113.10 where his or her spouse is under the age of 66 years.
(5) Subject to sub-article (6), in the case of a person to whom sub-article (2) applies, any increase payable in accordance with section 297 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 8 is an amount specified in column (1) of Schedule 2, at the weekly rate shown opposite that amount—
(i) in column (4) where the yearly average of the claimant or beneficiary is 15-19,
(ii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and
(iii) in column (6) 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 8 is an amount specified in column (1) of Schedule 3, at the weekly rate shown opposite that amount—
(i) in column (4) where the yearly average of the claimant or beneficiary is 15-19,
(ii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and
(iii) in column (6) where the yearly average of the claimant or beneficiary is 5-9.
(6) In the case of a person to whom section 109(10) applies, where his or her spouse’s income, calculated in accordance with article 8 is an amount specified in column (1) of Schedule 9 the rate payable shall be that shown in—
(a) column (2) of Schedule 9 where his or her spouse has attained pensionable age, and
(b) column (3) of Schedule 9 where his or her spouse has not attained pensionable age.
Calculation of yearly average
66. In calculating the yearly average or alternative yearly average for State pension (contributory) purposes in the case of a claim made on or after 13 July 1992, a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.
Saver
67. The provisions of this Chapter shall not operate so as to disentitle to a State pension (contributory), or to reduce the rate of such pension payable to, a person who satisfies the contribution conditions for State pension (contributory) contained in section 109(1) by virtue solely of his or her insurance under the Principal Act.
CHAPTER 8 State Pension (Transition)
Interpretation
68. In this Chapter—
“entry into insurance” in the case of a relevant person has the meaning assigned to it by section 114(5);
“relevant period” means the period over which the yearly average of contributions is calculated for State pension (transition) purposes in accordance with section 114(3);
“relevant person” has the meaning assigned to it by section 114(4);
“yearly average” and “alternative yearly average” have the meanings assigned to them by section 114(3).
Reckoning of contributions under National Health Insurance Acts
69. (1) Notwithstanding section 114(5), a person who—
(a) had not attained the age of 55 years before 5 January 1953, and
(b) had not entered into insurance before attaining that age,
shall be deemed to satisfy the condition for State pension (transition) contained in section 115(1)(a) if contributions as an employed contributor under the National Health Insurance Acts had been paid by or in respect of him or her, but, in any such case, the yearly average for the purposes of section 115(1)(c) shall be calculated in accordance with section 114(3).
(2) Notwithstanding section 114(5), for the purpose of satisfying the contribution condition for State pension (transition) contained in section 115(1)(b), contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall, subject to article 18, be taken into account, but, in any such case, the yearly average for the purposes of section 115(1)(c) shall be calculated in accordance with section 114(3).
Period of retirement
70. For the purposes of section 114, a period of retirement shall be—
(a) where the person has attained the age of 65 years and has not yet attained the age of 66 years, any period subsequent to his or her retirement from employment which is insurable employment or insurable self-employment under the Principal Act (other than employment which is insurable for occupational injuries benefit only) during which he or she does not engage in such employment, or
(b) where the person has attained the age of 66 years, any period subsequent to his or her attainment of that age whether he or she is engaged in employment or not.
Partial satisfaction of contribution conditions for State pension (transition)
71. (1) Where a person would be entitled to State pension (transition) but for the fact that the relevant yearly average contribution conditions are not satisfied, he or she shall be entitled to pension, where the person’s yearly average is not less than 24, at a rate determined in accordance with sub-article (2).
(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 10, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 117 shall be the same as if the contribution condition set out in section 115(1)(c) had been fully satisfied.
Entitlement to pro-rata State pension (transition)
72. In the case of a relevant person who—
(a) would, but for the fact that the contribution condition set out in section 115(1)(c) is not satisfied, be entitled to State pension (transition),
(b) is not entitled to pension under article 71,
(c) is not in receipt of a State pension (transition) by virtue of Regulation (EEC) 1408/71 of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 287, and
(d) had periods in which he or she had been—
(i) employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 were paid, and
(ii) an employed contributor, or a voluntary contributor in respect of whom—
(I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (transition), have been paid in respect of or credited to him or her, or
(II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (transition), have been paid in respect of him or her,
since—
(A) 5 January 1953, as respects a man,
(B) 6 July 1953, as respect a woman, or
(C) his or her date of entry into insurance,
whichever is the later,
he or she shall be entitled to a State pension (transition) at the rate calculated in accordance with article 73.
Calculation of rate of pro-rata State pension (transition)
73. (1) The rate of State pension (transition) payable to a relevant person referred to in article 72 shall be calculated in accordance with the formula—
A X B
C
where—
A is the rate of State pension (transition) which would be payable to the relevant person if all of the contributions specified at C in respect of that person during the relevant period were reckonable for State pension (transition) purposes,
B is the number of—
(i) employment contributions paid in respect of or credited to the relevant person, and
(ii) voluntary contributions paid by him or her,
during the relevant period, which are reckonable for the purposes of the contribution conditions for entitlement to State pension (transition), and
C is the total number of—
(i) all of the employment contributions (other than employment contributions payable by a person who becomes an insured person by virtue of section 12(1)(b) only) paid in respect of or credited to the relevant person,
(ii) all of the self-employment contributions paid by him or her, and
(iii) all of the voluntary contributions paid by him or her,
during the relevant period.
(2) Notwithstanding sub-article (1), any increase payable under section 117(2), (4), (5) or (6) shall be the same as if the contribution condition set out in section 115(1)(c) had been fully satisfied.
Calculation of yearly average
74. In calculating the yearly average or alternative yearly average for State pension (transition) purposes, in the case of a claim made on or after 13 July 1992, a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.
Saver
75. The provisions of this Chapter shall not operate so as to disentitle to a State pension (transition), or to reduce the rate of such pension payable to, a person who satisfies the contribution conditions for State pension (transition) contained in section 115(1) by virtue solely of his or her insurance under the Principal Act.
CHAPTER 9 Invalidity Pension
Definition of permanently incapable of work
76. (1) Subject to sub-article (2), for the purposes of section 118, a person shall be regarded as being permanently incapable of work if immediately before the date of claim for the said pension—
(a) he or she has been continuously incapable of work for a period of one year and it is shown to the satisfaction of a deciding officer or an appeals officer that the person is likely to continue to be incapable of work for at least a further year, or
(b) he or she is incapable of work and evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life.
(2) Sub-article (1) shall not apply where it is subsequently shown to the satisfaction of a deciding officer or an appeals officer that the person is no longer likely to continue to be incapable of work for at least a further year or for life, as the case may be.
Conditions for receipt of invalidity pension
77. For the purposes of section 119(2)(b), the “relevant date” means any date subsequent to the commencement of a period of incapacity for work where evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life.
Disqualification
78. (1) A person shall be disqualified for receiving invalidity pension if and so long as he or she fails without good cause to—
(a) attend for medical or other examination at such time or place as may be required by an officer of the Minister, provided that he or she has been given not less than 7 days notice in writing,
(b) obey any instructions, relating to his or her behaviour or any other matter concerning his or her incapacity, of a medical practitioner attending on him or her or whom he or she has attended for medical or other examination in accordance with paragraph (a),
(c) see an officer of the Minister and answer any reasonable enquiries by any such officer relating to his or her claim.
(2) A person in receipt of or entitled to invalidity pension shall not engage in work whether on his or her own account or on account of another person except as permitted under sub-article (3).
(3) A person may, with the prior written permission of an officer of the Minister, for a specified period of time undertake the following types of work or training—
(a) having become permanently incapable of following his or her usual occupation, a course of training with a view to taking up some other occupation,
(b) work in the nature of rehabilitation or occupational therapy,
(c) light work for which no remuneration is or would ordinarily be payable.
CHAPTER 10 Widow’s (Contributory) Pension and Widower’s (Contributory) Pension
Interpretation
79. In this Chapter—
“existing pensions contributor” means any person who at any time was, or was deemed to be or treated as, an insured person under the Widows’ and Orphans’ Pensions Acts;
“pension” means a widow’s (contributory) pension in the case of a widow and a widower’s (contributory) pension in the case of a widower;
“relevant contribution condition” means the contribution condition set out in section 125(1)(b)(ii);
“relevant period” means the period over which the yearly average of contributions per contribution year is calculated for pension purposes in accordance with section 125(1)(b)(ii);
“yearly average” has the meaning assigned to it by section 123.
Partial satisfaction of contribution conditions for widow’s and widower’s pension
80. (1) Where a person would be entitled to pension but for the fact that the relevant contribution condition is not satisfied the person shall be entitled to pension, where the person’s yearly average in the relevant period is not less than 24, at a rate determined in accordance with sub-article (2).
(2) In the case of a person to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125(1)(b)(ii) had been fully satisfied.
(3) In the case of a person to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125(1)(b)(ii) had been fully satisfied.
Special partial widow’s and widower’s pension
81. (1) In the case of a person who became an employed contributor as a consequence of the coming into operation of section 12 of the Act of 1973 having earlier ceased to be an employed contributor and where there would be entitlement to pension by virtue of the person’s or the person’s spouse’s insurance record but for the fact that the relevant contribution condition is not satisfied and there is no entitlement to pension under article 80, the person shall be entitled to pension, where the person’s yearly average in the relevant period is not less than 5, at a rate determined in accordance with sub-article (2).
(2) In the case of a person to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, fractions of whole numbers being disregarded, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125(1)(b)(ii) had been fully satisfied.
(3) In the case of a person to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, fractions of whole numbers being disregarded, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125(1)(b)(ii) had been fully satisfied.
Reckoning of contributions paid under Widows’ and Orphans’ Acts
82. (1) In determining whether the contribution condition for pension contained in section 125(1)(a) has been satisfied in respect of an existing pensions contributor—
(a) entry into insurance under the Widows’ and Orphans’ Pensions Acts shall be treated as entry into insurance under the Principal Act, and
(b) every 2 contributions paid by or in respect of such contributor under the Widows’ and Orphans’ Pensions Acts shall be treated as 3 employment contributions paid under the Principal Act and any odd contribution shall be treated as 2 employment contributions paid under the said Act.
(2) For the purposes of section 125(1)(b) and article 80, the following provisions shall have effect in relation to an existing pensions contributor—
(a) in determining whether the contribution condition for pension contained in the said section or article, as the case may be, has been satisfied every 2 contributions paid or excused or deemed to have been, or treated as, paid by or in respect of such contributor under the Widows’ and Orphans’ Pensions Acts since the date of such contributor’s entry into insurance under the said Acts shall be treated as 3 contributions paid or credited under the Principal Act and any odd contribution under the Widows’ and Orphans’ Pensions Act shall be treated as 2 contributions paid or credited under the said Principal Act,
(b) any period which is a period of insurance for the purposes of the said Acts commencing with the date of such contributor’s entry into insurance under the said Acts shall be treated as a period of insurance under the Principal Act and contribution years in any such period shall be treated as contribution years under the said Act but in relation to a male existing pensions contributor the period from 2 July 1951 to the 4 January 1953, shall be treated as one contribution year, and
(c) entry into insurance under the Widows’ and Orphans’ Pensions Acts may be treated as entry into insurance under the Principal Act.
Calculation of yearly average
83. In calculating the yearly average for pension purposes a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.
CHAPTER 11 Deserted Wife’s Benefit
Interpretation
84. In this Chapter—
“deserted wife’s benefit” means a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178(1);
“relevant period” means the period over which the yearly average of contributions per contribution year is calculated for the purposes of deserted wife’s benefit in accordance with section 178A(2)(b)(ii);
“yearly average” means the average per contribution year of contribution weeks in respect of which the husband or claimant has qualifying contributions or credited contributions in the appropriate period specified in section 178A(2)(b).
Conditions for receipt of deserted wife’s benefit
85. A payment under paragraph (a) in the definition of “relevant payment” in section 178(1) shall be made, subject to the following—
(a) a woman who has been deserted by her husband shall make and continue to make appropriate efforts, in the particular circumstances, to obtain maintenance from her husband, and
(b) she and any person shall not cohabit as husband and wife.
Income limit
86. (1) The amount prescribed for the purposes of section 178A(1)(a) shall be €12,697.38.
(2) The amount prescribed for the purposes of section 178A(1)(c)(i) shall be €17,776.33.
Partial satisfaction of contribution conditions
87. (1) Subject to article 89, where a woman would be entitled to deserted wife’s benefit but for the fact that the yearly average contribution conditions are not satisfied, she shall be entitled to deserted wife’s benefit, where the yearly average in the relevant period is not less than 24, at a rate determined in accordance with sub-article (2).
(2) In the case of a woman to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 178A(3) shall be the same as if the contribution condition set out in section 178A(2)(b)(ii) had been fully satisfied.
(3) In the case of a woman to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 178A(3) shall be the same as if the contribution condition set out in section 178A(2)(b)(ii) had been fully satisfied.
Special partial payment
88. (1) Subject to article 89, in the case of a person who became an employed contributor as a consequence of the coming into operation of section 12 of the Act of 1973 having ceased to be an employed contributor and where there would be entitlement to deserted wife’s benefit by virtue of the person’s or the person’s spouse’s social insurance contribution record but for the fact that the relevant contribution condition set out in section 178A(2)(b)(ii) is not satisfied and there is no entitlement to benefit under article 87, she shall be entitled to deserted wife’s benefit, where the yearly average in the relevant period is not less than 5, at a rate determined in accordance with sub-article (2).
(2) In the case of a woman to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, fractions of whole numbers being disregarded, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 178A(3) shall be the same as if the contribution condition set out in section 178A(2)(b)(ii) had been fully satisfied.
(3) In the case of a woman to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, fractions of whole numbers being disregarded, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 178A(3) shall be the same as if the contribution condition set out in section 178A(2)(b)(ii) had been fully satisfied.
Application of income limit
89. (1) In the case of a claim for deserted wife’s benefit made on or after 31 August 1992, where a woman would be entitled to deserted wife’s benefit but for the fact that she has an aggregate of reckonable income and reckonable earnings in excess of €12,697.38 in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, the following provisions shall apply—
(a) (i) in the case of a woman who has not attained the age of 66 years and who satisfies the contribution conditions set out in section 178A(2) and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 12, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (2) of the said Schedule,
(ii) in the case of a woman who has attained the age of 66 years and who satisfies the contribution conditions set out in section 178A(2) and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 12, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (3) of the said Schedule,
(b) (i) in the case of a woman who has not attained the age of 66 years and who qualifies for deserted wife’s benefit by virtue of article 87 and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 13, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (5) or (6) as appropriate, of the said Schedule,
(ii) in the case of a woman who has attained the age of 66 years and who qualifies for deserted wife’s benefit by virtue of article 87 and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 14, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (5) or (6) as appropriate, of the said Schedule,
(c) in the case of a woman who has not attained the age of 66 years and who qualifies for deserted wife’s benefit by virtue of article 88 and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 13, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (2), (3) or (4) as appropriate, of the said Schedule,
(d) in the case of a woman who has attained the age of 66 years and who qualifies for deserted wife’s benefit by virtue of article 88 and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 14, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (2), (3) or (4) as appropriate, of the said Schedule.
(2) In the case of a woman to whom sub-article (1) applies, any increase payable under section 178A(3) shall be the same as if the conditions set out in section 178A(2) had been fully satisfied.
Calculation of yearly average
90. In calculating the yearly average for the purposes of deserted wife’s benefit (other than benefit under article 88), a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.
CHAPTER 12 Treatment Benefit
Interpretation
91. In this Chapter—
“afocal goggles” means goggles containing lenses with no optical power;
“afocal sunglasses” means sunglasses with no optical power;
“appliance” means an appliance—
(a) provided as benefit under these Regulations including the repair thereof, and
(b) which complies with Council Directive 93/42/EEC of 14 June 1993 concerning medical devices 2 ;
“audiologist” means—
(a) a member of the Irish Society of Hearing Aid Audiologists, or
(b) a member of the British Society of Hearing Aid Audiology, or
(c) a member of the British Society of Audiology Technicians Group having passed the B.A.A.A.T. examinations Parts 1 and 2, or
(d) a member of the International Hearing Society having passed the National Board for Certification in Hearing Instrument Sciences (NBC-HIS) National Competency Examinations in the United States, or
(e) a person who has an equivalent recognised qualification in Hearing Aid Audiology, or
(f) a company being a body corporate employing a person with one of the above qualifications;
“claimant” means a person who has made a claim for dental benefit, optical benefit or medical appliance benefit, as the case may be;
“dental treatment” means the performance of any dental operation and any examination, treatment, advice, opinion or attendance usually performed or given by a dentist, including the fitting, insertion or repair of dentures, which is included in the Schedule of Treatments for the time being fixed by the Minister;
“dentist” means—
(a) a person registered, or
(b) a person entitled to be registered in the Register of Dentists in Ireland;
“dependent spouse” means—
(a) a spouse who is a qualified adult as defined in section 2(2) and by article 6, or
(b) a spouse who is not a qualified adult as so defined in sub-paragraph (a) by virtue of being engaged in insurable employment and who immediately prior to taking up such employment was a qualified adult entitled to treatment benefit, or
(c) a spouse who would be a qualified adult as so defined, but for the receipt by that spouse of carer’s benefit under Chapter 14 of Part 2, State pension (non-contributory) under Chapter 4 of Part 3 or carer’s allowance under Chapter 8 of Part 3 in his or her own right;
“dispensing optician” means—
(a) a person registered, or
(b) a person entitled to be registered in the Register of Dispensing Opticians in Ireland;
“ophthalmologist” means—
(a) (i) a person registered, or
(ii) a person entitled to be registered in the Ophthalmology Specialists Register of the Irish Medical Council, or
(b) a person with a recognised qualification in ophthalmology from the College of Ophthalmologists Ireland, or
(c) a person who has an equivalent recognised qualification in ophthalmology;
“optometrist” means—
(a) a person registered, or
(b) a person entitled to be registered in the Register of Optometrists in Ireland;
“ready made reading spectacles” means spectacles which have two single vision lenses each of which has the same positive spherical power not exceeding four dioptres and the purpose of which is to relieve the condition known as presbyopia;
“Register of Dentists in Ireland” means a register established under Part III of the Dentists Act 1985 (No. 9 of 1985);
“Register of Optometrists in Ireland” means a register established under Part III of the Opticians Act 1956 (No. 17 of 1956) as amended;
“Register of Dispensing Opticians in Ireland” means a register established under Part IV of the Opticians Act 1956 (No. 17 of 1956) as amended;
“relevant contribution year” means the second last complete contribution year before the beginning of the benefit year in which the relevant date occurs or, where the claimant has attained pensionable age, either the second or third last complete contribution year before the relevant date;
“relevant date” means the date on which benefit is claimed or, where the claimant is of or over pensionable age, the date on which he or she attained pensionable age;
“scale of charges” means, as respects any benefit, the scale of fees or charges appropriate to such benefit for the time being fixed by the Minister;
“spectacles” means corrective single vision, bifocal or varifocal lenses and associated frames including contact lenses whether afocal or focal lenses but does not include—
(a) afocal goggles or similar articles,
(b) afocal sunglasses or similar articles, or
(c) ready made reading spectacles;
“treatment benefit” means, dental benefit, optical benefit or medical appliance benefit, as the case may require.
Treatment Benefit
92. The treatment benefit to be provided under section 138 shall be—
(a) dental benefit,
(b) optical benefit, and
(c) medical appliance benefit.
Entitlement to treatment benefit
93. Subject to this Chapter, a person shall be entitled to treatment benefit if he or she satisfies the contribution conditions in articles 94 or 95.
Contribution conditions
94. (1) Subject to this Chapter, the contribution conditions for entitlement to treatment benefit shall be—
(a) in the case of a claimant who is under the age of 21 years, that he or she has qualifying contributions in respect of not less than 39 contribution weeks between the date of his or her entry into insurance and the relevant date, or
(b) in the case of a claimant who is of or over the age of 21 years and under the age of 25 years—
(i) that he or she has qualifying contributions in respect of not less than 39 contribution weeks between the date of his or her entry into insurance and the relevant date, and
(ii) that he or she has—
(I) subject to clause (II), qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the relevant contribution year, or
(II) in the case of a person to whom sub-article (5) applies, qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the relevant contribution year, or
(III) in respect of any claim for treatment benefit made on or after 29 May 2006, qualifying contributions in respect of not less than 26 contribution weeks in both the second and third last contribution years before the beginning of the benefit year which includes the relevant date,
or
(c) in the case of a claimant who is of or over the age of 25 years—
(i) that he or she has qualifying contributions in respect of not less than 260 contribution weeks between the date of his or her entry into insurance and the relevant date, and
(ii) that he or she has—
(I) subject to clause (II), qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the relevant contribution year, or
(II) in the case of a person to whom sub-article (5) applies, qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the relevant contribution year, or
(III) in the case of a person who has attained pensionable age on or after 29 May 2006, qualifying contributions in respect of not less than 26 contribution weeks in both the relevant contribution year and the contribution year immediately before the relevant contribution year before the beginning of the benefit year which includes the relevant date.
(2) In the case of a person who would be entitled to treatment benefit but for the fact that he or she does have qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year, he or she shall be entitled to treatment benefit—
(a) in the case of a person who has attained pensionable age, if he or she has qualifying contributions in respect of at least 13 contribution weeks in the contribution year preceding the relevant contribution year, and
(b) in any other case, if he or she has qualifying contributions in respect of at least 13 contribution weeks in either of the two contribution years preceding the relevant contribution year or in a subsequent contribution year.
(3) The contribution conditions contained in sub-paragraph 1(c)(ii) shall not apply in the case of a person who has attained pensionable age before 6 July 1992.
(4) The contribution conditions contained in sub-paragraphs (1)(c)(i) and (1)(c)(ii) requiring the claimant to have qualifying contributions in respect of at least 260 contribution weeks between the date of his or her entry into insurance and the relevant date and qualifying or credited contributions in respect of not less than 39 contribution weeks in the relevant contribution year shall—
(a) in respect of a person who has attained pensionable age before 1 October 1987, have effect as if “156 contribution weeks” were substituted for “260 contribution weeks”, and “26 contribution weeks” were substituted for “39 contribution weeks”, and
(b) in respect of a person who has attained pensionable age before 6 July 1992, have effect as if “208 contribution weeks” were substituted for “260 contribution weeks”.
(5) The contribution condition contained in clause (1)(b)(ii)(II) and (1)(c)(ii)(II) shall apply in the case of a person who—
(a) is in receipt of—
(i) illness benefit under Chapter 8 of Part 2 for a period of not less than 312 days in respect of any period of interruption of employment,
(ii) carer’s benefit under Chapter 14 of Part 2,
(iii) State pension (transition) under Chapter 16 of Part 2,
(iv) invalidity pension under Chapter 17 of Part 2,
(v) jobseeker’s allowance under Chapter 2 of Part 3 and is a person to whom section 142(1)(a) applies,
(vi) pre-retirement allowance under Chapter 3 of Part 3, or
(vii) carer’s allowance under Chapter 8 of Part 3,
or
(b) not being in receipt of any benefit under Part 2 or assistance under Part 3, is of or over the age of 55 years and is entitled to employment contributions credited under the provisions of article 58 of the Regulations of 1996 in respect of proved unemployment.
Contribution conditions for volunteer development workers
95. The contribution conditions to be satisfied by a volunteer development worker for treatment benefit in respect of any claim made in the benefit year in which he or she returns to the State from a developing country or in the next succeeding benefit year shall be—
(a) that he or she has qualifying contributions paid in respect of not less than 26 contribution weeks in the period from his or her entry into insurance to the relevant date, and
(b) that he or she has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the relevant contribution year.
Treatment benefit for dependent spouse
96. A dependent spouse shall be entitled to treatment benefit where the contribution conditions specified in article 94 or 95, as the case may be, are satisfied by his or her spouse.
Continued benefit to dependent spouse after the death of an insured person
97. On the death of an insured person whose dependent spouse, at the date of the death, was or would have been entitled to treatment benefit under article 96, the dependent spouse shall continue to be entitled to treatment benefit for as long as that person remains a widow or widower, as the case may be.
Continued entitlement over age 60
98. Where an insured person, on attaining the age of 60 years, is or would be entitled to treatment benefit under this Chapter he or she shall thereafter continue throughout his or her life to be so entitled.
Reckoning of contributions paid under National Health Insurance Acts
99. (1) For the purposes of this article an “existing contributor” means a person whose insurance as an employed contributor or a voluntary contributor under the National Health Insurance Acts was effective immediately before 5 January 1953.
(2) In determining for the purposes of satisfying the contribution condition for treatment benefit contained in subparagraph (i) of article 94(1)(c), every two contributions paid by or in respect of an existing contributor under the National Health Insurance Acts shall be reckoned as three qualifying contributions paid under the Principal Act, and any odd contribution paid under the said Acts shall be reckoned as two qualifying contributions paid under the Principal Act.
Claim for treatment benefit
100. A claim for treatment benefit shall be made in the form and in such manner for the time being approved by the Minister.
Limitation on benefit for a claimant who is a member of the Defence Forces
101. Subject to article 94, a claimant to whom article 87 of the Regulations of 1996 applies shall be entitled to dental benefit and optical benefit to the extent specified in articles 107 and 113 and to medical appliance benefit under article 110 and to no other treatment benefit.
Cost of medical certificates
102. A claimant for treatment benefit may be granted the cost of any medical certificate required by the Minister and necessarily incurred for the purposes of the claim.
Time limit for obtaining treatment benefit
103. (1) The time within which any treatment, service or appliance is to be obtained is 3 months.
(2) The Minister may, if he or she is satisfied that there are good grounds for so doing, extend the time within which any treatment, service or appliance is to be obtained.
(3) A grant of treatment benefit which is not obtained within the time as fixed or extended by the Minister shall lapse to the extent to which the benefit has not been obtained.
(4) The Minister may renew a grant of treatment benefit which has lapsed.
Notice of decision
104. (1) The Minister shall cause notification of the decision on a claim for treatment benefit to be given to the claimant and of the procedure to be complied with for the purpose of obtaining that benefit.
(2) The claimant shall be advised where he or she is required to pay any sum towards the cost of the treatment benefit and of the amount of such sum, if known.
Payment by the Minister
105. (1) The Minister shall—
(a) on being informed in writing by the claimant that he or she has received to his or her satisfaction the treatment, service or appliance in respect of which he or she is entitled to treatment benefit (not being benefit received in a case falling within paragraph (2)), and
(b) the audiologist, dentist, dispensing optician, ophthalmologist or optometrist, as the case may be, has entered into an agreement with the Minister in respect of the provision of dental, optical or medical appliance treatment and that agreement is for the time being in force,
pay the sum which the Minister is liable to pay in respect of that benefit.
(2) The Minister shall, on being informed in writing by the claimant that he or she has received to his or her satisfaction the treatment, service or appliance in another Member State in respect of which he or she is entitled to treatment benefit, pay the sum which the Minister is liable to pay in respect of that benefit.
Panels
106. The Minister may, for the purposes of information, from time to time, prepare and publish a list of—
(a) dentists, for the purposes of dental benefit,
(b) dispensing opticians, ophthalmologists or optometrists for the purposes of optical benefit and medical appliance benefit, and
(c) audiologists, for the purposes of medical appliance benefit,
with whom agreements, in accordance with this Chapter, have been made by the Minister and which shall be known as the Dental Panel, the Optical Panel or the Hearing Aid Panel, as the case may be.
Limitation on dental benefit for a claimant who is a member of the Defence Forces
107. The dental benefit to which a claimant, to whom article 87 of the Regulations of 1996 applies, shall be entitled, shall be the provision of dentures and repairs, additions and alterations thereto and remodelling thereof.
Amount payable in respect of dental benefit
108. The payment to be made by the Minister in respect of dental benefit shall be so much of the cost of the dental treatment, subject to the maximum cost defined in accordance with the scale of charges as may from time to time be fixed by the Minister, and the remainder of the said cost, if any, shall be paid by the claimant.
Benefit in respect of medical appliances
109. The appliances to be provided as benefit under articles 110 and 111 shall be contact lenses supplied for medical reason and hearing aids.
Amount payable in respect of medical appliance benefit
110. The payment to be made by the Minister in respect of medical appliance benefit under this article and article 111 shall be 50 per cent of the cost of providing or repairing an appliance, subject to a maximum payment as may from time to time be fixed by the Minister, and the remainder of the said cost shall be paid by the claimant.
Claims for and payment of medical appliance benefit
111. (1) Subject to sub-article (2) a claimant for medical appliance benefit shall submit with the claim—
(a) a recommendation from his or her medical practitioner, and
(b) an estimate of the cost of supply or repair of appliances.
(2) The Minister may, if he or she thinks fit, dispense with the submission of a recommendation from the medical practitioner where the benefit claimed is in respect of the repair of an appliance.
(3) When a claim for medical appliance benefit is awarded, the Minister shall notify the claimant.
Claims for and payment of optical benefit
112. (1) The Minister may require a certificate from an ophthalmic surgeon to be submitted with a claim for optical benefit.
(2) Where a claim for optical benefit is awarded, the Minister shall notify the claimant.
Limitation on optical benefit for claimant who is a member of the Defence Forces
113. The optical benefit to which a claimant, to whom article 87 of the Regulations of 1996 applies, shall be entitled, shall be the provision of optical appliances and repairs thereto.
Amount payable in respect of optical benefit
114. The payment to be made by the Minister in respect of optical benefit shall be so much of the cost of the optical treatment, subject to the maximum cost defined in accordance with the scale of charges as may from time to time be fixed by the Minister, and the remainder of the cost, if any, shall be paid by the claimant.
Sight tests
115. (1) A person shall be entitled to optical benefit in respect of a sight test, once in any period of two years, save where the Minister is satisfied that there are good clinical reasons in a particular case for more frequent testing.
(2) Sight tests provided by way of optical benefit shall be undertaken at the optical practitioner's normal place of business.
PART 3 Social Assistance Payments
CHAPTER 1 Jobseeker’s Allowance
Interpretation
116. In this Chapter “continuous period of unemployment” shall be read in accordance with section 141(3).
Day of Unemployment
117. For the purposes of Chapter 2 of Part 3, a day shall be treated as a day of unemployment if it is a day in respect of which a person—
(a) proves unemployment in accordance with article 118, and
(b) does not work for wages or other remuneration, whether paid in money or otherwise.
Prescribed manner for proving unemployment
118. A person shall prove unemployment for the purposes of section 141(1)(b) by attending at a local office at such time as an officer of the Minister may direct for the purpose of making a written declaration, in such form as the Minister may determine or by making such declaration in such other manner as the Minister may determine, that
(a) he or she has been continuously unemployed since the date of his or her application for jobseeker’s allowance, or
(b) he or she has been unemployed or expects to be unemployed during each day in respect of which jobseeker’s allowance is claimed.
Night workers
119. Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of Chapter 2 of Part 3, as being employed by virtue of such employment—
(a) where the first day is a Monday, Tuesday, Wednesday, Thursday or Friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday, he or she shall be regarded as being employed only on the first day, and that day shall not be treated as a day of unemployment, or
(b) in any other case, he or she shall be regarded as being employed only on the second day, and that day shall not be treated as a day of unemployment.
Persons deemed to be available for employment
120. (1) Where by virtue of the provisions of article 119 a person—
(a) is to be treated as having been employed on one day only of 2 days, and
(b) throughout that part of the other of those 2 days during which that person is not employed,
that person shall, for the purposes of Chapter 2 of Part 3, be deemed to be available for employment, throughout that other of those 2 days.
(2) A person shall be deemed to be available for employment on any day in which he or she is participating in an activity where that person—
(a) commences and continues to participate in an activity in a continuous period of unemployment,
(b) has given prior notice to the Minister of his or her intention to participate in that activity,
(c) is aged 21 or over, and
(d) has been in receipt of jobseeker’s allowance, jobseeker’s benefit or jobseeker’s allowance and jobseeker’s benefit, for a period of not less than 156 days.
(3) In the case of a person who is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health and Children for the purposes of the provision of such training) he or she shall be deemed to be available for employment on any day on which he or she is undergoing such training.
(4) A person shall be deemed to be available for employment on any day in which he or she is participating in an activity where that person—
(a) commences and continues to participate in an activity in a continuous period of unemployment,
(b) has given prior notice to the Minister of his or her intention to participate in that activity,
(c) is aged 18 years or over and under 21 years,
(d) has, at the commencement of the activity, been in receipt of jobseeker’s benefit, jobseeker’s allowance or jobseeker’s benefit and jobseeker’s allowance, for a period of not less than 156 days, and
(e) has not been enrolled in or attending an institute of education, for the purposes of completing a course of education or a course of instruction, within the 2 years immediately preceding the commencement of the activity.
(5) In this article “activity” means participation by a person in a course of education, training or development approved by the Minister.
Exemption from disqualification
121. A person shall not be disqualified for receiving jobseeker’s allowance while attending a course of study within the meaning of section 148 where that person is—
(a) a mature student within the meaning of section 1 of the Local Authorities (Higher Education Grants) Act 1968 (No. 24 of 1968) (as amended by section 2 of the Local Authorities (Higher Education Grants) Act 1992 (No. 19 of 1992)), or
(b) participating in an activity within the meaning of article 120(4).
CHAPTER 2 Pre-Retirement Allowance
Conditions for entitlement
122. (1) The age specified for the purposes of section 149(1)(a) shall be 55 years.
(2) The period prescribed for the purposes of section 149(1)(c)(ii) shall be 15 months.
(3) A person shall be regarded as a separated spouse for the purposes of section 149(1)(c)(ii) where he or she and his or her spouse have lived apart from one another for a continuous period of 3 months preceding the date of his or her claim for pre-retirement allowance and continue to so live apart.
Period of retirement
123. For the purposes of Chapter 3 of Part 3, any period during which a person does not engage in insurable employment or insurable self-employment shall be regarded as a period of retirement.
CHAPTER 3 One-Parent Family Payment
Definition
124. In this Chapter “liable relative” has the meaning assigned to it by section 2(7).
Circumstances in which person is to be regarded as being a separated spouse
125. A person is to be regarded for the purposes of Chapter 7 of Part 3 as being a separated spouse if—
(a) he or she and his or her spouse have lived apart from one another for a continuous period of at least 3 months immediately preceding the date of his or her claim for one-parent family payment and continue to so live apart, and
(b) he or she makes and continues to make appropriate efforts, in the particular circumstances, to obtain maintenance from a liable relative.
Circumstances in which person is to be regarded as being an unmarried person
126. (1) A person is to be regarded for the purposes of Chapter 7 of Part 3 as being an unmarried person if—
(a) not being a married person, he or she is the parent of a qualified child, and
(b) he or she makes such reasonable efforts, as may be required from time to time by an officer of the Minister, to obtain maintenance from a liable relative.
(2) “parent”, for the purposes of this article shall include, in the case of a child who has been adopted under the Adoption Acts 1952 to 1998 or under such other form of adoption as the Minister considers appropriate in the circumstances, the adopter.
Circumstances in which person is to be regarded as being a prisoner’s spouse
127. (1) A person is to be regarded for the purposes of Chapter 7 of Part 3 as being a prisoner's spouse if he or she is the spouse of a person who—
(a) is in a prison or place of detention, and
(b) has for a period of not less than 6 months immediately preceding the date of claim been in custody by order of a Court or a responsible authority, or is committed in custody by a Court or a responsible authority for a period of not less than 6 months.
(2) For the purposes of sub-article (1), a certificate from a responsible authority shall be accepted as evidence of the duration of a period of custody.
Residence of qualified child
128. (1) Subject to sub-article (2), a qualified child shall, for the purposes of Chapter 7 of Part 3, be regarded as normally residing with a qualified parent where—
(a) the child is resident with that parent, and
(b) that parent has the main care and charge of the child.
(2) A qualified child who is resident in an institution shall be regarded as normally residing with the qualified parent where that parent contributes towards the cost of the child’s maintenance in the institution and with whom the child would, under sub-article (1), be regarded as normally residing if the child were not resident in an institution.
(3) A qualified child may, in such circumstances as an officer of the Minister considers appropriate, be regarded as normally residing with the qualified parent who is resident in an institution.
(4) In this article “institution” means—
(a) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto,
(b) any other similar establishment providing residence, maintenance or care for the persons therein, or
(c) any prison, place of detention or other establishment to which articles 218 and 219 apply.
Continued entitlement to payment
129. (1) Subject to sub-article (4), where a person who has been in receipt of one-parent family payment for a period of 52 consecutive weeks, ceases to be entitled to the payment by virtue of the person’s gross weekly earnings exceeding the amount specified in section 173(3), he or she shall, notwithstanding the provisions of the said section, continue to be entitled to the said payment, where he or she continues to satisfy the conditions for entitlement other than that specified in section 173(3), calculated in accordance with sub-article (2), for a period of 6 months commencing from the date on which, but for this article, that person would have ceased to be so entitled.
(2) Subject to sub-article (3), in the case of a person to whom sub-article (1) applies, one-parent family payment shall be payable at an amount equal to 50 per cent of the weekly rate payable to the qualified parent immediately before the day on which, but for this article, the qualified parent would have ceased to be entitled to the payment.
(3) The amount payable in accordance with sub-article (2) shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.
(4) Where a person has been entitled to a payment in accordance with sub-article (1) for a period of 6 months (whether continuous or not) he or she shall not be entitled to any further payment under that sub-article.
Transfer of maintenance
130. For the purposes of section 358, a person in receipt of one-parent family payment shall be liable to transfer to the Minister payments made to that person in compliance with an order of the Court insofar as they exceed the lesser of €4,952 per annum in respect of housing costs or the annual housing costs actually incurred by the qualified parent.
CHAPTER 4 Carer’s Allowance
Interpretation
131. In this Chapter—
“carer” has the meaning assigned to it by section 179;
“institution” means—
(a) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto and any other similar establishment providing residence, maintenance or care for the persons therein, or
(b) a private dwelling wherein a person is boarded out under an arrangement with the Executive;
“relevant person” has the meaning assigned to it by section 179.
Conditions to be satisfied by carer
132. Subject to article 136(c), the conditions prescribed for the purposes of section 180 are that the carer, being resident in the State—
(a) is not engaged in employment or self-employment outside his or her home,
(b) has attained the age of 18 years, and
(c) is not residing in an institution.
Conditions to be satisfied by non-resident carer
133. (1) Subject to sub-article (2) the conditions prescribed for the purposes of paragraph (b) of the definition of “carer” contained in section 179(1) are that—
(a) a direct system of communication must exist between the carer’s residence and that of the relevant person, and
(b) the relevant person is not already receiving full-time care and attention within his or her own residence from a person other than the applicant.
(2) For the purposes of sub-article (1)(a) a system of communication shall include a telephone or alarm system.
Prescribed manner for certification of disability
134. The prescribed manner for certification by a medical practitioner of the nature and extent of a relevant person's disability shall be in the form for the time being approved by the Minister.
Medical examination
135. (1) An officer of the Minister may, on giving not less than 3 days notice in writing, require a relevant person to submit himself or herself to medical or other examination at such time and place as may be specified in the notice.
(2) Notice of the time and place of the examination referred to in sub-article (1) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.
(3) Subject to sub-article (4), a carer shall be disqualified for receiving carer’s allowance if and for so long as the relevant person fails without good cause to attend for or submit to medical examination in accordance with this article.
(4) A disqualification referred to in sub-article (3) shall not commence earlier than the day on which the failure to attend for or submit to the medical examination occurs.
Circumstances in which carer is to be regarded as providing full-time care and attention
136. A carer may, for the purposes of Chapter 8 of Part 3 and this Chapter, continue to be regarded as providing full-time care and attention to a relevant person where—
(a) he or she would qualify for payment of an allowance but for the fact that either the carer or the relevant person is undergoing medical or other treatment of a temporary nature in an institution for a period of not longer than 13 weeks, or
(b) the relevant person is attending—
(i) a non-residential course of rehabilitation training provided by an organisation (being an organisation recognised by the Minister for Health and Children for the purposes of the provision of such training), or
(ii) a non-residential place of day care approved by the Minister for Health and Children, or
(c) subject to paragraph (d), where it is shown to the satisfaction of a deciding officer or an appeals officer that adequate provision has been made for the care of the relevant person, a carer may—
(i) engage in employment, or
(ii) engage in self-employment, or
(iii) undertake such training or courses of education as the Minister may from time to time determine.
(d) the aggregate duration of the activities outside the home referred to in sub-paragraphs (i), (ii) and (iii) shall not exceed 15 hours per week.
CHAPTER 5 Disability Allowance
Specified disability
137. (1) Subject to sub-article (2), for the purposes of section 210, a person shall be regarded as being substantially restricted in undertaking suitable employment by reason of a specified disability where he or she suffers from an injury, disease, congenital deformity or physical or mental illness which has continued or, in the opinion of a deciding officer or an appeals officer, may reasonably expect to continue for a period of at least 1 year.
(2) A person shall not be regarded as being substantially restricted in undertaking suitable employment where it is subsequently shown to the satisfaction of a deciding officer or an appeals officer that he or she is no longer likely to continue to be substantially restricted in the undertaking of employment for a period of at least 1 year.
Disqualification
138. A person shall be disqualified for receiving disability allowance if and so long as he or she fails without good cause to—
(a) attend for medical examination or other examination at such time or place as may be required by an officer of the Minister, provided that he or she has been given not less than 7 days notice in writing,
(b) obey any instructions, relating to his or her behaviour or any other matter concerning his or her disability, of a medical practitioner attending on him or her or whom he or she has attended for medical or other examination in accordance with paragraph (a),
(c) see an officer of the Minister and answer any reasonable enquiries by any such officer relating to his or her claim.
Temporary residence
139. A person who is ordinarily resident in an institution shall be entitled to receive disability allowance in respect of any week which forms part of a period of not less than 4 consecutive weeks in which that person is, under an arrangement administered by the said institution, temporarily resident outside of the institution for a period of consecutive days numbering not more than 3 and not less than 2 in respect of each such week.
Holidays
140. (1) Disability allowance may be paid to a person who is normally resident in an institution in respect of any week during which that person is temporarily resident elsewhere while absent from the institution during a period on holidays under an arrangement administered by the said institution.
(2) For the purposes of sub-article (1), “period on holidays” means a period consisting of at least 3 but not exceeding 13 consecutive weeks taken on holidays within the State in a calendar year.
CHAPTER 6 Miscellaneous Provisions for Assessment of Means
Exemption from assessment of property
141. (1) The weekly value of property mentioned in Rules 1(1) of Part 2, 1(1) of Part 3 and 1(1) of Part 5 of Schedule 3 to the Principal Act, being property which though capable of investment or profitable use is not invested or put to profitable use by a person, shall not be regarded as the means of a person—
(a) in the case of the house in which the claimant or beneficiary ordinarily resides, where the claimant or beneficiary vacates that house—
(i) on a temporary basis, or
(ii) indefinitely, as a consequence of his or her old age or incapacity,
or
(b) in any other case, where the claimant or beneficiary has offered the property for sale, for the period, not exceeding 2 years from the date on which the property was offered for sale, in which the property remains unsold.
(2) In this article, “house” means a dwelling house or part of a dwelling house which is, or has been occupied by the claimant or beneficiary as his or her principal residence or land which he or she has for his or her own occupation and enjoyment with that residence as its gardens or grounds up to an area not exceeding one acre.
Assessment of means — non-cash benefits
142. The non-cash benefits prescribed for the purposes of Rules 1(2) of Part 2, 1(2) of Part 3 and 1(2) of Part 5 of Schedule 3 to the Principal Act shall be—
(a) the net cash value to the person of his or her annual housing costs actually incurred and paid by a liable relative insofar as the cash value exceeds €4,952 per annum, and
(b) the net cash value to the person of meals, accommodation and related services provided under a scheme administered by the Department of Justice, Equality and Law Reform and known as direct provision, where the costs are met in full by the State.
Maintenance arrangements
143. (1) Subject to sub-article (2), the maximum amount prescribed for the purposes of Rule 1(2)(b)(ii) of Part 2, Rule 1(2)(b)(i) of Part 3 and Rule 1(2)(b)(ii) of Part 5 of Schedule 3 to the Principal Act shall be €4,952.
(2) The maintenance arrangements prescribed for the purposes of sub-article (1) shall be all forms of formal and informal arrangements whether procured by way of Court Order or otherwise.
Assessment of means — carer’s allowance
144. (a) The amount prescribed for the purposes of Rule 1(5) of Part 5 of Schedule 3 to the Principal Act shall be €290 per week.
(b) The amount prescribed for the purposes of Rule 4(3) of Part 5 of Schedule 3 to the Principal Act shall be €580 per week.
Assessment of claimant’s earnings — jobseeker’s allowance and farm assist
145. (1) Subject to sub-article (2), for the purposes of Rule 1(5) and Rule 1(8) of Part 2 of Schedule 3 to the Principal Act, the value of any money derived by a claimant engaged in insurable employment shall be 60 per cent of the average weekly earnings from such employment which that claimant may reasonably expect to receive during the period for which the employment is expected to continue.
(2) In the case of a claimant who is not in receipt of an increase under sections 142(1)(b)(ii) or 215(1)(b) in respect of a qualified child, the average weekly earnings shall be first reduced by €12.70 for each day on which that claimant is so employed during the week in respect of which jobseeker’s allowance or farm assist is payable.
(3) For the purposes of sub-article (1), the average weekly earnings shall be determined by reference to the gross earnings received from insurable employment in the 13 weeks preceding the date of claim for jobseeker’s allowance or farm assist or such other period which a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the particular case, less an amount calculated in accordance with sub-article (4).
(4) For the purposes of sub-article (3) the amount shall be the aggregate of—
(a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),
(b) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No. 39 of 1997),
(c) any contributions payable under section 13(2)(b) and Regulations made under section 14 or section 21,
(d) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),
(e) any payment to a trade union, and
(f) any health insurance contract premium.
Assessment of claimant’s seasonal earnings — jobseeker’s allowance and farm assist
146. For the purposes of Rules 1(6) and 1(8) of Part 2 of Schedule 3 to the Principal Act, the value of any moneys derived by a claimant engaged in insurable employment of a seasonal nature shall be the average weekly earnings from such employment, calculated in accordance with article 145 which he or she may reasonably expect to receive during the period of seasonal employment.
Earnings disregard — disability allowance
147. The amount prescribed for the purposes of Rule 1(2)(b)(viii) of Part 2 of Schedule 3 to the Principal Act shall be the first €120 received by that person from employment or self-employment of a rehabilitative nature, together with half the weekly earnings in excess of that amount, up to a maximum of €350, from such employment or self-employment.
Earnings disregard — State pension (non-contributory)
148. (1) For the purposes of Rule 1(2)(b)(vi) of Part 3 of Schedule 3 to the Principal Act, the value of any earnings derived by the person for each week in respect of which he or she is engaged in employment shall be the average weekly earnings from that employment calculated in accordance with sub-article (2).
(2) For the purposes of sub-article (1), the average weekly earnings shall be determined by reference to the gross earnings received from that employment in the 13 weeks preceding the date of claim, or such other period as a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the case, less an amount calculated in accordance with sub-article (3).
(3) For the purposes of sub-article (2) the amount shall be the aggregate of—
(a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),
(b) any contributions payable under section 5 of the Health Contributions Act, 1979 (No. 4 of 1979),
(c) any payment to a trade union, and
(d) the first €200 of weekly earnings.
Earnings disregard — Widow’s (non-contributory) pension and widower’s (non-contributory) pension
149. (1) For the purposes of Rule 1(2)(b)(vii) of Part 5 of Schedule 3 to the Principal Act, the value of any earnings derived by the person for each week in respect of which he or she is engaged in employment shall be the average weekly earnings from that employment calculated in accordance with sub-article (2).
(2) For the purposes of sub-article (1), the average weekly earnings shall be determined by reference to the gross earnings received from that employment in the 13 weeks preceding the date of claim, or such other period as a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the case, less an amount calculated in accordance with sub-article (3).
(3) For the purposes of sub-article (2) the amount shall be the aggregate of—
(a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),
(b) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),
(c) any payment to a trade union, and
(d) the first €100 of weekly earnings.
Earnings disregard — blind pension
150. In assessing the means of a person for blind pension, the amount to be disregarded in respect of earnings received by that person from employment of a rehabilitative nature shall be the first €120, together with half the weekly earnings in excess of that amount, up to a maximum of €350, from such employment.
Assessment of earnings — one-parent family payment
151. (1) For the purposes of section 173 and Rule 1(4)(a) of Part 5 of Schedule 3 to the Principal Act the weekly earnings from employment or weekly income from self-employment shall be calculated or estimated as follows—
(a) insofar as it comprises earnings from employment by reference to the weekly amount of such earnings calculated by dividing the gross amount of such earnings in the last complete income tax year by 52,
(b) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income, calculated or estimated by dividing the income in the last complete income tax year by 52.
(2) Where a deciding officer or an appeals officer considers that the periods referred to in sub-article (1) would not suffice in determining either the amount of weekly earnings from employment or weekly income from self-employment, he or she may, for the purpose of this article, have regard to any other period which appears to the officer to be appropriate for that purpose.
Prescribed activity — exemption of income
152. For the purposes of reference 19 in Table 2 of Schedule 3 to the Principal Act, in relation to jobseeker’s allowance and pre-retirement allowance, the prescribed income from the harvesting of seaweed shall be €1,270 per year.
Assessment of spouse’s earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist
153. (1) For the purposes of Rule 1(8) of Part 2 of Schedule 3 to the Principal Act, the value of any money derived by the spouse of a claimant or beneficiary for each week in respect of which he or she is engaged in insurable employment shall be the average weekly earnings from that employment calculated in accordance with sub-article (2).
(2) For the purposes of sub-article (1) the average weekly earnings shall be determined by reference to the gross earnings received from that employment in the 13 weeks preceding the date of claim for farm assist, or such other period as a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the case, less an amount calculated in accordance with sub-article (4).
(3) The amount prescribed for the purposes of Rule 1(2)(b)(vi) of Part 2 of Schedule 3 to the Principal Act shall be an amount calculated in accordance with sub-article (4).
(4) For the purposes of sub-articles (2) and (3) the amount shall be the aggregate of—
(a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),
(b) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No. 39 of 1997),
(c) any contributions payable under section 13(2)(b) and Regulations made under section 14 or section 21,
(d) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),
(e) any payment to a trade union,
(f) any health insurance contract premium,
(g) the first €50.00, or €153.00 where the employment is outside the State or Northern Ireland, of weekly earnings together with any travel expenses necessarily incurred, where that employment is in respect of 3 days or less in the week,
(h) the first €100.00, or €153.00 where the employment is outside the State or Northern Ireland, of weekly earnings where that employment is in excess of 3 days in the week, and
(i) in the case of farm assist where the spouse of the farmer is engaged in insurable employment on a seasonal basis in the occupation of fishing, one-half of so much of the income derived from that occupation as does not exceed €153.00 per year and one-third of so much of such income as exceeds €153.00 per year but does not exceed €381.00 per year.
Assessment of spouse’s seasonal earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist
154. (1) For the purposes of Rules 1(2), (7) and (8) of Part 2 of Schedule 3 to the Principal Act, the value of any moneys derived by the claimant’s spouse from insurable employment of a seasonal nature shall be the average weekly earnings from such employment calculated in accordance with sub-articles (2) and (3).
(2) For the purposes of sub-article (1) the average weekly earnings shall be calculated by reference to the gross earnings which he or she may reasonably expect to receive during the period of seasonal employment less an amount calculated in accordance with article 153(4).
(3) For the purposes of sub-article (1), in the absence of any other means of obtaining it, the average weekly earnings may be determined by reference to the gross earnings received from insurable employment of a seasonal nature in the preceding year less an amount calculated in accordance with article 153(4).
Disregard of certain compensation awards
155. The income prescribed for the purposes of Reference 19 of Table 2 of Schedule 3 to the Principal Act shall be the yearly value of all income derived from compensation awarded—
(a) by the Compensation Tribunal established by the Minister for Health on 15 December 1995, the Hepatitis C Compensation Tribunal established under section 3 of the Hepatitis C Compensation Tribunal Act 1997 (No. 34 of 1997), the Hepatitis C and HIV Compensation Tribunal established under section 2 of the Hepatitis C Compensation Tribunal (Amendment) Act 2002 (No. 21 of 2002), or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin - Anti-D, whole blood or other blood products,
(b) by the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002 (No. 13 of 2002),
(c) to persons who have disabilities caused by Thalidomide, or
(d) under the provisions of the Health (Repayment Scheme) Act 2006 (No. 17 of 2006) to a relevant person within the meaning of that Act.
Yearly value of property — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist
156. The yearly value of any advantage mentioned in Rule 1(3) of Part 2 of Schedule 3 to the Principal Act shall be ascertained by deducting expenses necessarily incurred from the gross income.
Prescribed age for the purposes of benefit and privilege — jobseeker’s allowance
157. The age prescribed for the purposes of Rule 1(10) of Part 2 of Schedule 3 to the Principal Act shall be 25 years.
Disregard of proceeds from sale of principal residence — disability allowance, State pension (non-contributory) and blind pension
158. (1) The disregard in the calculation of means provided for in Rule 2 of Part 2, Rule 3 of Part 3 and Rule 3 of Part 5 of Schedule 3 to the Principal Act shall apply only where—
(a) the claimant or beneficiary disposes of his or her principal residence for the purposes of—
(i) purchasing alternative accommodation which is or will be occupied by him or her as his or her only or main residence,
(ii) funding the renting of alternative accommodation which is or will be occupied by him or her as his or her only main residence,
(iii) funding the payment of fees to a nursing home which has been registered in accordance with section 4 of the Health (Nursing Homes) Act 1990 (No. 23 of 1990),
(iv) residing with a carer, as defined in section 99 or section 179, who is in receipt of carer’s benefit or carer’s allowance in respect of the care and attention provided to the claimant or beneficiary, or
(v) residing in accommodation suitable for elderly persons which incorporates communal and support facilities and which is provided by a body approved by the Minister for the Environment, Heritage and Local Government for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992),
(b) (i) for the purposes of State pension (non-contributory) the sale of the principal residence of the claimant or beneficiary takes place on or after 2 December 1993, and the claimant or beneficiary has attained pensionable age at the date of sale, or
(ii) for the purposes of disability allowance or blind pension, the sale of the principal residence of the claimant or beneficiary takes place on or after 1 April 2001,
and
(c) the gross proceeds are derived from the sale of a dwelling-house or part of a dwelling-house which is, or has been occupied by the claimant or beneficiary as his or her principal residence or land which he or she has for his or her own occupation and enjoyment with that residence as its gardens or grounds up to an area not exceeding one acre.
(2) The limit prescribed for the purposes of Rule 2 of Part 2, Rule 3 of Part 3 and Rule 3 of Part 5 of Schedule 3 to the Principal Act shall be €190,500.
PART 4 Child Benefit
Normal residence
159. For the purposes of Part 4, the person with whom a qualified child shall be regarded as normally residing shall be determined in accordance with the following Rules:
1. Subject to Rule 2, a qualified child, who is resident with more than one of the following persons, his or her—
mother,
step-mother,
father,
step-father,
shall be regarded as normally residing with the person first so mentioned and with no other person.
2. Where the persons referred to in Rule 1 are resident in separate households, the qualified child shall be regarded as normally residing with the person with whom he or she resides for the majority of the time.
3. A qualified child who is resident with one only of the persons mentioned in Rule 1, shall be regarded as normally residing with that person and with no other person provided that, where that person is the father and he is cohabiting with a woman as husband and wife, this Rule shall not apply in respect of the child where the father so elects and, on such an election, the child shall be regarded as normally residing with the woman with whom the father is cohabiting.
4. A qualified child, who is resident elsewhere than with a parent or a step-parent and whose mother is alive, shall, where his or her mother is entitled to his or her custody whether solely or jointly with any other person, be regarded as normally residing with his or her mother and with no other person.
5. A qualified child, who is resident elsewhere than with a parent or a step-parent and whose father is alive, shall, where his or her father is entitled to his or her custody whether solely or jointly with any person other than his or her mother, be regarded as normally residing with his or her father and with no other person.
6. A qualified child, to whom none of the foregoing Rules apply, shall be regarded as normally residing with the woman who has care and charge of him or her in the household of which he or she is normally a member and with no other person provided that where there is no such woman in that household he or she shall be regarded as normally residing with the head of that household and with no other person.
7. Where the normal residence of a qualified child falls to be determined under Rule 4 or 5 and the person with whom he or she would thus be regarded as normally residing has abandoned or deserted him or her or has failed to contribute to his or her support, the relevant Rule shall cease to apply in respect of that child and the person with whom the child shall be regarded as normally residing shall be determined in accordance with Rule 6.
Full-time education
160. (1) Subject to this Part, a child shall be regarded as receiving full-time education while attending on a full-time basis a course of full-time instruction by day at an institution of education.
(2) For the purposes of sub-article (1), a course of full-time instruction at an institution of education shall not be regarded as including a course of training or instruction—
(a) provided or approved by An Foras Áiseanna Saothair (other than a course known as Youthreach) and in respect of which an allowance is payable,
(b) which forms part of an employment or work experience programme,
(c) which arises from employment,
(d) which comprises, in an academic year, a period of work experience in respect of which remuneration is paid, where such period exceeds the time spent receiving instruction or tuition at an institution of education, or
(e) provided or approved by Teagasc, where, in an academic year such training or instruction comprises a period of work experience which exceeds the time spent receiving instruction or tuition at an institution of education.
Child regarded as continuing to receive full-time education
161. (1) For the purposes of article 160(1), a child shall be regarded as continuing to receive full-time education—
(a) for periods during an academic year when that child is not attending an institution of education arising from the temporary interruption to the provision of a course of full-time instruction or part of a cycle of education by an institution of education, and
(b) for the period immediately following the completion by that child of part of a cycle of education, where such part finishes between 1 May and 30 June in an academic year, up to and including the next following 30 September.
(2) Sub-article (1)(b) shall not apply to a child who completes the final part of a cycle of education and terminates his or her attendance at a course of full-time instruction at an institution of education.
PART 5 Respite Care Grant
Interpretation
162. In this Part—
“carer” has the meaning assigned to it by section 224(1);
“institution” has the meaning assigned to it by section 224(1);
“relevant person” has the meaning assigned to it by section 224(1).
Date respite care grant payable
163. The respite care grant (referred to in this Part as “the grant”) shall be payable on the first Thursday in June of each year.
Entitlement to grant for certain classes of carer
164. Notwithstanding any other articles of these regulations, any person, who is a carer by virtue of paragraphs (a), (b) or (c) of section 224(1), on the date on which the grant is payable, shall be deemed to have satisfied all the conditions for entitlement to the grant.
Period for which full-time care and attention to be given
165. For the purposes of paragraphs (d) and (e) of section 224(1), on the date on which the grant is payable, the carer shall have provided full-time care and attention, be likely to provide full-time care and attention, or a combination of both, to the relevant person for a continuous period of not less than 183 days, such period to include the date on which the grant is payable.
Carer — residence in institution
166. Subject to article 167(a), the carer shall not be resident in an institution.
Certain circumstances in which carer may continue to be regarded as providing full-time care and attention
167. A carer may, for the purposes of Part 5 of the Principal Act, continue to be regarded as providing full-time care and attention to a relevant person where—
(a) the carer is undergoing medical or other treatment of a temporary nature in an institution for a period or periods amounting to not more than 13 weeks,
(b) the relevant person is—
(i) undergoing medical or other treatment of a temporary nature in an institution, or
(ii) temporarily being cared for by, or temporarily residing with, another person, for a period or periods amounting to not more than 13 weeks,
(c) the relevant person is attending—
(i) a non-residential course of rehabilitation training provided by an organisation (being an organisation recognised by the Minister for Health and Children for the purposes of the provision of such training), or
(ii) a non-residential place of day care approved by the Minister for Health and Children, or
(d) for the purposes of respite care grant payable in respect of full-time care and attention provided on or after 1 June 2006, the carer is undertaking such training or course of education outside the home as the Minister may determine from time to time, subject to the limits with respect to duration imposed by article 169(3).
Conditions to be satisfied by non-resident carer
168. (1) Subject to sub-article (2) the conditions prescribed for the purposes of paragraph (e) of the definition of “carer” contained in section 224(1) are that—
(a) a direct system of communication exists between the carer’s residence and that of the relevant person, and
(b) the relevant person is not receiving full-time care and attention within his or her own residence from a person other than the claimant.
(2) For the purposes of paragraph (a) of sub-article (1) a system of communication shall include a telephone or alarm system.
Conditions and circumstances under which a carer may engage in employment, self-employment, training and education
169. (1) For the purposes of a respite care grant payable in respect of full-time care and attention provided in respect of a period which includes 2 June 2005, where it is shown to the satisfaction of a deciding officer or an appeals officer that adequate provision has been made for the care of the relevant person, a carer may, subject to sub-article (2), engage in employment, self-employment, or both.
(2) The aggregate hours of employment, self-employment or both outside the home shall not exceed 10 hours in any week.
(3) For the purposes of a respite care grant payable in respect of full-time care and attention provided on or after 1 June 2006, where it is shown to the satisfaction of a deciding officer or an appeals officer that adequate provision has been made for the care of the relevant person, a carer may engage in employment or self-employment or any training or course of education provided that where the employment or self-employment is outside the home the aggregate duration of such employment or self-employment and any training or course of education referred to in article 167(d) shall not exceed 15 hours per week.
Prescribed manner for certification of incapacity
170. The prescribed manner for certification by a medical practitioner of the nature and extent of a relevant person’s incapacity shall be in the form for the time being approved by the Minister.
Medical examination and disqualification
171. (1) An officer of the Minister may, on giving not less than 3 days notice in writing, require a relevant person to submit himself or herself to medical or other examination at such time and place as may be specified in the notice.
(2) Notice of the time and place of the examination referred to in sub-article (1) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.
(3) A carer shall be disqualified for receiving the grant if and for so long as the person in respect of whose full-time care and attention the grant is payable, fails without good cause to attend for or submit to medical examination in accordance with this article.
PART 6 Family Income Supplement
Interpretation
172. In this Part—
“earnings from employment” means emoluments to which Part 5 of the Taxes Consolidation Act 1997 (No. 39 of 1997) applies;
“spouse” means—
(a) each person of a married couple who are living together,
(b) each person of a married couple who is wholly or mainly maintaining, or being wholly or mainly maintained by, that person's spouse, or
(c) a man and woman who are not married to each other but are cohabiting as husband and wife.
Manner of calculation or estimation of weekly family income
173. (1) Subject to this Part, weekly family income within the meaning of section 227 shall be calculated or estimated—
(a) insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of such earnings received in the 2 months immediately prior to the date on which the claim for family income supplement has been made where such earnings are received at monthly intervals, or in the 4 weeks immediately prior to such date where such earnings are received at weekly or fortnightly intervals,
(b) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the 12 months preceding the date of claim by 52,
(c) insofar as it consists of income from any other source, by reference to the normal weekly amount of such income.
(2) Where in any case a deciding officer or appeals officer considers that the periods mentioned in sub-article (1) would not suffice to determine the amount of weekly family income, he or she may, for the purposes of this article have regard to such other period which appears to him or her to be appropriate for that purpose.
Sums disregarded in determining weekly family income
174. In calculating or estimating weekly family income the following items shall be disregarded—
(a) any sums received by way of death benefit by virtue of orphan’s pension, carer’s benefit, guardian’s payment (contributory), guardian’s payment (non-contributory), carer’s allowance, supplementary welfare allowance, child benefit, early childcare supplement or family income supplement,
(b) any sums received by way of allowance for domiciliary care of disabled children under the Health Act 1970 (No. 1 of 1970),
(c) any sums received by way of allowance under regulations made under section 23 of the Housing (Private Rented Dwellings) Act 1982 (No. 6 of 1982),
(d) any sums from the investment or profitable use of property (not being property personally used or enjoyed by the person concerned),
(e) payments by the Executive in respect of a child who is boarded out,
(f) in the case of a qualified applicant under a scheme administered by the Minister for Community, Rural and Gaeltacht Affairs and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident,
(g) any moneys received from a charitable organisation being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them, and
(h) any income arising from employment of a casual nature by the Executive as a home help.
Persons regarded as being in remunerative full-time employment
175. For the purposes of this Part a person shall be regarded as being engaged in remunerative full-time employment as an employee where he or she is engaged in remunerative employment (other than employment under a scheme administered by An Foras Áiseanna Saothair and known as Community Employment, employment under a scheme administered under the aegis of the Minister for Community, Rural and Gaeltacht Affairs and known as the Rural Social Scheme or employment under a programme known as the Part-Time Job Opportunities Programme administered by or on behalf of the Conference of Religious of Ireland) which is expected to continue for a period of a minimum of 3 months, and the number of hours worked per fortnight is not less than 38 or where the aggregate number of hours worked by him or her and his or her spouse is not less than 38 per fortnight.
Increase for additional qualified child
176. (1) The weekly rate of family income supplement shall be increased where, in the 52 week period specified in section 230, there is an increase in the number of qualified children in the family.
(2) In this article—
“couple” means a married couple or a man and woman who are not married to each other but are cohabiting as husband and wife;
“family” means—
(a) a person who is engaged in remunerative full-time employment as an employee within the meaning of article 175,
(b) where such a person is one of a couple living with or wholly or mainly maintaining his or her spouse, that spouse and
(c) a child or children;
“spouse” means each person of a couple in relation to each other.
Minimum payment of family income supplement
177. The amount prescribed for the purposes of section 229(2) shall be €20.
PART 7 Claims and Payments — General Provisions
Preliminary
Interpretation
178. For the purposes of articles 179 to 210, save where the context otherwise requires—
“beneficiary” means a person who is entitled to benefit;
“benefit” means—
(a) any benefit payable under Part 2 (other than occupational injuries benefits under Chapter 13 and treatment benefit under Chapter 22 of the said Part),
(b) any assistance payable under Part 3 (other than supplementary welfare allowance payable under Chapter 9 of the said Part),
(c) child benefit under Part 4,
(d) early childcare supplement under Part 4A,
(e) respite care grant under Part 5,
(f) family income supplement under Part 6,
(g) continued payment for qualified children under Part 7, and
(h) EU payments under Part 8;
“claimant” means a person who has made a claim for benefit;
“qualified person” means the person with whom a qualified child normally resides for the purposes of child benefit.
CHAPTER 1 Claims
Claims
179. (1) Every claim for benefit (including any increase thereof and in the case of family income supplement a notification of an increase in the number of children in the family) shall be made to the Minister in the form for the time being approved by the Minister or in such other manner as the Minister may accept as sufficient in the circumstances.
(2) A claim for bereavement grant may be made by the personal representative of the deceased or, where there is no personal representative, by the husband or wife of any of the next-of-kin of the deceased or by any other person claiming to be entitled thereto.
(3) Where a family, as defined in section 227, comprises a person and his or her spouse both such persons shall join in any claim for family income supplement in respect of that family.
(4) A claimant may withdraw his or her claim for family income supplement at any time before a decision has been made by giving notice to that effect in writing to the Minister.
(5) Where a claim for child benefit is incomplete, an officer of the Minister may treat the claim as having been duly made if it is properly completed within 2 months after the date on which the claimant is requested to do so.
Application to be regarded as a homemaker
180. Other than in the case of a person who is entitled to or in receipt of carer’s benefit under Part 2, carer’s allowance under Part 3, child benefit under Part 4 or respite care grant under Part 5, an application to be regarded as a homemaker for the purposes of section 108(2) shall be made in the form for the time being approved by the Minister.
Information to given when making a claim
181. (1) Every claimant shall furnish such certificates, documents, information and evidence as may be required by an officer of the Minister, for the purposes of deciding the claim and in any particular class of case, shall, for the purposes of making any such claim, attend at such office or place as an officer of the Minister may direct.
(2) Where a claim for family income supplement is made by an employee, his or her employer shall, on being so required by an officer of the Minister, furnish to the Minister the following information relating to the employee—
(a) the nature of his or her employment,
(b) the total amount of gross earnings derived by the employee from his or her employment with the employer in respect of any period,
(c) the total number of hours worked by the employee in that employment in any period, and
(d) any other relevant information that may be required by the said officer.
(3) The employer of a claimant for maternity benefit or adoptive benefit, as the case may be, shall, on being so required by an officer of the Minister, furnish to the Minister, the following information relating to that claimant—
(a) certification that the claimant is entitled to—
(i) maternity leave under the Act of 1994, or
(ii) adoptive leave under the Adoptive Leave Act 1995 (No. 2 of 1995)
as the case may be,
(b) the amount of the claimant's gross earnings derived from that employment in respect of any period, and
(c) any other relevant particulars that may be required for the purposes of determining a claim for maternity benefit or adoptive benefit, as the case may be.
(4) The employer of a claimant for continued payment for qualified children shall, on being so required by an officer of the Minister, furnish to the Minister, such information as may be required for the purpose of determining that person's entitlement to the said payment.
(5) A person who makes application to be regarded as a homemaker for the purposes of section 108(2) shall furnish such certificates, documents, information and evidence as may be required by an officer of the Minister for the purposes of deciding such application.
(6) Where a claim for carer’s benefit is made by an employee, his or her employer shall, on being so required by an officer of the Minister, furnish to the Minister the following information relating to the employee—
(a) the number of hours worked by the employee in that employment in such periods as may be specified by the said officer, and
(b) any other relevant information that may be required by the said officer.
(7) (a) For the purposes of section 300(5) in relation to claims for child benefit in the case of a second or subsequent child, the prescribed information shall be a copy of an entry in respect of each qualified child in the register of births under the Civil Registration Act 2004 (No. 3 of 2004), provided to the Minister by An t-Ard Chláraitheoir.
(b) Child benefit may be awarded in accordance with paragraph (a) where the qualified person is, at that time, in receipt of child benefit in respect of a qualified child and the information provided is sufficient to authenticate—
(i) the public service identity of the qualified child, and
(ii) the public service identity of the qualified person.
Prescribed time for making claim
182. The prescribed time for making a claim shall be—
(a) in the case of State pension (contributory), State pension (transition) and invalidity pension, the period commencing 3 months before and ending 3 months after the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,
(b) in the case of jobseeker’s benefit, jobseeker’s allowance, pre-retirement allowance, State pension (non-contributory), blind pension, carer’s allowance and farm assist, the day in respect of which the claim is made,
(c) in the case of widow’s (contributory) pension, widower’s (contributory) pension, guardian’s payment (contributory), guardian’s payment (non-contributory) and one-parent family payment, the period of 3 months from the day on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,
(d) in the case of illness benefit, the period of 7 days from the day on which the person becomes or again becomes incapable of work,
(e) in the case of disability allowance, the period of 7 days from the day on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,
(f) in the case of maternity benefit, adoptive benefit and health and safety benefit, the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,
(g) in the case of bereavement grant, the period of 3 months from the date of death of the deceased,
(h) in the case of continued payment for qualified children, the period of 13 weeks from the date of commencement of the employment specified in section 234(1)(b),
(i) in the case of carer’s benefit, the period commencing 8 weeks before and ending 8 weeks after the day on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto, and
(j) in the case of respite care grant, the period commencing 8 weeks before the date on which the grant is payable under article 163 and ending on 31 December of the year immediately following the year in which the grant is payable.
Prescribed time for making application to be regarded as a homemaker
183. (1) Subject to sub-article (2), an application to be regarded as a homemaker for the purposes of section 108(2) shall be made before the end of the contribution year next following the contribution year in which the person commences as a homemaker.
(2) Where a person has commenced as a homemaker on or after 6 April 1994 and not later than 31 December 2006, an application to be regarded as a homemaker shall be made not later than 31 December 2007.
Provisional allowance of claim
184. (1) In the case of State pension (non-contributory), where it appears to any person that although for the time being he or she is not entitled to the said pension, he or she will nevertheless become entitled to a pension at a future date, he or she may make a claim therefor at any time not more than 3 months before that date.
(2) Where a deciding officer is satisfied that a claimant is likely to be entitled to pension under sub-article (1), he or she may allow the claim provisionally so as to take effect on any future date not later than 3 months from the date of his or her decision.
Payment of claims made more than 12 months after the due date
185. (1) Notwithstanding the provisions of section 241(2), where a claim in respect of State pension (contributory), State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension or guardian’s payment (contributory) is made by or on behalf of a claimant in respect of any period more than 12 months before the date on which the claim is made, the period in respect of which payment is made under section 241(2) shall be extended where it is shown to the satisfaction of a deciding officer or appeals officer that the person was entitled to the said pension or allowance.
(2) For the purposes of sub-article (1), where the period from the date on which the person establishes entitlement to the date on which the claim was made is a period specified in column (1) of Schedule 15, the period by which payment shall be extended is that shown opposite the aforementioned period in column (2) of the said Schedule.
Payment of certain claims made after due date
186. (1) Where a claim in respect of any benefit is made in respect of any period which is greater than that allowed under section 241(2), the period in respect of which payment may be made before the date on which the claim is made, shall
(a) be extended, or
(b) further extended in any case to which article 185 applies,
to a period calculated in accordance with this article, where it is shown to the satisfaction of a deciding officer or an appeals officer that the person was entitled to the benefit.
(2) In any case where the delay in making the claim is due to information given by an officer of the Minister to the person or a person appointed to act on his or her behalf, the period for which payment may be made shall be—
(a) the period between the date of claim and the date information was given by an officer of the Minister plus a period equal in duration to that allowed under section 241(2), or
(b) the period between the date of claim and the date entitlement commenced, or
(c) such part of the period referred to in paragraph (a) for which a person was entitled to the benefit, or
(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,
whichever is the shorter period.
(3) Subject to sub-article (4), in any case where the delay in making the claim was due to a person being so incapacitated that he or she was unable to make a claim or appoint a person to act on his or her behalf, the period for which payment may be made shall be—
(a) the period for which such incapacity continued plus a period equal in duration to that allowed under section 241(2), or
(b) the period between the date of claim and the date entitlement commenced, or
(c) such part of the period referred to in paragraph (a) for which the person was entitled to the benefit, or
(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,
whichever is the shorter period.
(4) A claim referred to in sub-article (3), shall be made—
(a) where the person ceases to be incapacitated, before or within a period equal in duration to that for which payment is allowed under section 241(2), or
(b) where, at the date of claim, a person continues to be so incapacitated that he or she is unable to make a claim or appoint a person to act on his or her behalf, within the period for which such incapacity continued plus a period equal in duration to that allowed under section 241(2).
(5) Subject to sub-article (6), in any case where the delay in making the claim was due to a person suffering an event which is a force majeure, the period for which payment may be made shall be—
(a) the period for which such force majeure continued plus a period equal in duration to that allowed under section 241(2), or
(b) the period between the date of claim and the date entitlement commenced, or
(c) such part of the period referred to in paragraph (a) for which the person was entitled to the benefit, or
(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,
whichever is the shorter period.
(6) A claim referred to in sub-article (5), shall be made—
(a) when the event which is a force majeure ceases, before or within a period equal in duration to that for which payment is allowed under section 241(2), or
(b) where, at the date of claim, a person continues to suffer an event which is a force majeure, within the period for which such force majeure continued plus a period equal in duration to that allowed under section 241(2).
(7) In any case where a person has a current level of financial indebtedness which cannot reasonably be financed from—
(a) current income, including payments made or due under this article or article 185, or
(b) the disposal of current assets, or
(c) any combination of said income or disposal of said assets, payment shall be made from—
(i) the date of entitlement, or
(ii) whatever date after the date of entitlement appears appropriate to the deciding officer or appeals officer.
(8) For the purposes of this article “benefit” means—
(a) any benefit specified in section 39(1) (other than jobseeker’s benefit under Chapter 12 of Part 2), and
(b) any assistance specified in section 139(1) (other than jobseeker’s allowance under Chapter 2 and supplementary welfare allowance under Chapter 9 of Part 3).
Rounding
187. A period extended in accordance with article 185(2) shall be rounded up to the nearest whole number of weeks where the number of days is greater than or equal to half a week and shall be rounded to the nearest week in all other cases.
Provision of information
188. (1) Every claimant or beneficiary and every person by whom any benefit is receivable on behalf of a claimant or beneficiary shall—
(a) furnish in such manner and at such times as an officer of the Minister may determine, such certificates, documents and information affecting the right to benefit or to the receipt thereof as the said officer may require, and
(b) notify the Minister of any change in circumstances which affect the right to benefit, or to the receipt thereof, as soon as is reasonably practicable thereafter.
(2) Every institution of education shall, on request, provide the Minister with such of the following information as the Minister may request in respect of each person who is registered or enrolled, as the case may be, as a student at such institution at the commencement of each academic year and who ceases to attend at such institution prior to the completion of the relevant academic year—
(a) name,
(b) address,
(c) date of birth, and
(d) the date on which the student ceased to attend the institution of education.
(3) The information requested under sub-article (2) shall be submitted by the institution of education in such format as is acceptable to the Minister and shall be sent, within 30 days of the receipt of a request for such information from the Minister, to such office of the Department as may be specified by the Minister.
Sharing of information
189. (1) The information prescribed for the purposes of section 266 in relation to a pupil shall be—
(a) his or her—
(i) forename,
(ii) surname,
(iii) date of birth,
(iv) address,
(v) sex,
(vi) nationality, and
(vii) personal public service number,
(b) whether he or she—
(i) boards at his or her school,
(ii) is participating in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,
(iii) is exempt from studying the Irish language and if so the date of exemption,
(iv) has special needs and if so the type of special needs, and
(c) (i) the subjects and examination level at which he or she is studying,
(ii) the language through which he or she is studying,
(iii) the examination for which he or she is studying and his or her candidate number,
(iv) his or her class group and year,
(v) his or her official school number, and
(vi) his or her former school roll number.
(2) The information prescribed for the purposes of section 267 shall be a person’s—
(a) forename,
(b) surname,
(c) date of birth,
(d) birth surname,
(e) mother's birth surname,
(f) address,
(g) sex,
(h) marital status,
(i) date of marriage,
(j) nationality,
(k) insurance number, and
(l) personal public service number.
(3) The information prescribed for the purposes of section 269 shall be—
(a) in respect of a tenant, his or her—
(i) forename,
(ii) surname,
(iii) (I) address,
(II) date of commencement of rent supplement in respect of that address, and
(III) date of cessation of rent supplement in respect of that address, and
(iv) personal public service number, and
(b) in respect of a landlord or his or her agent, his or her—
(i) forename,
(ii) surname,
(iii) personal public service number,
(iv) registration number assigned in accordance with section 9(1A) of the Value Added Tax Act 1972 (No. 22 of 1972), and
(v) telephone number.
Prescribed time for furnishing information
190. (1) The prescribed period for the furnishing of information and production of documents required by a social welfare inspector under the provisions of section 250(2) shall be—
(a) in the case of the personal representative of a person who was at any time in receipt of any benefit, 30 days, and
(b) in any other case, 21 days,
following the date of issue of a notification in writing sent by registered post to the person from whom the said information and documents, as the case may be, are sought.
(2) The period prescribed for the purposes of section 251(10) shall be—
(a) in the case of State pension (non-contributory) and blind pension, 3 months, and
(b) in any other case, 7 days.
(3) Where a person who claims or is entitled to child benefit changes his or her place of residence he or she shall notify the Minister in writing thereof within 21 days after such change of residence.
Decision of deciding officer
191. (1) The decision of a deciding officer shall be in writing and signed by him or her.
(2) Where the decision of the deciding officer is not in favour of the person, the deciding officer shall set out in writing the reasons for the said decision.
(3) Subject to sub-article (4), the Minister shall, as soon as may be after the decision is made, cause a memorandum of—
(a) the decision, and
(b) where it is not in favour of the person, the reasons for the said decision,
to issue to the person.
(4) In the case of a decision arising under section 300(2)(a), other than decisions arising under sub-paragraphs (i), (ii) and (iii) of that section, the Minister shall, as soon as may be after the decision is made, cause a memorandum of—
(a) the decision, and
(b) the reasons for the said decision,
to issue to the parties who are subject to the decision.
CHAPTER 2 Payments
Manner of payment
192. (1) Benefit shall be paid in accordance with a decision under the provisions of the Principal Act as soon as is reasonably practicable thereafter in such manner as the Minister may determine in any particular class of case.
(2) Subject to sub-article (3), the manner of payment under sub-article (1) shall comprise—
(a) an order payable at a post office designated by the claimant or qualified person, as the case may be, or where the Minister considers it appropriate, at a post office designated by the Minister,
(b) a cheque issued by post or otherwise to a claimant or beneficiary at his or her place of residence,
(c) by direct credit transfer to an account nominated by the claimant, beneficiary or qualified person and where benefit is so paid, the claimant, beneficiary or qualified person shall be deemed to have received such payment,
(d) in cash payable at a post office, or
(e) an order payable at a bank designated by the qualified person.
(3) The Minister may arrange for the payment of benefit otherwise than in accordance with sub-article (2) where the circumstances so warrant.
Commencement of awards — child benefit
193. Where child benefit is awarded it shall commence to accrue as follows—
(a) on the 1st day of the month following that in which the claimant became a qualified person, provided that the claim has been made within the 6 months commencing on the 1st day of that month,
(b) in the case of a claim made by a person who becomes a qualified person by and on the death of another person who had been entitled to child benefit at the date of death, on the 1st day of the month following that in which the claim is made or, where a deciding officer or an appeals officer considers it appropriate, on the 1st day of the month following that in which the claimant became a qualified person,
(c) in any other case, on the 1st day of the month following that in which the claim is made.
Commencement of awards — early childcare supplement
194. Early childcare supplement shall commence to accrue as follows—
(a) on the 1st day of the quarter in which the claimant becomes a qualified person, provided that entitlement to the early childcare supplement is determined within the 6 months commencing on the 1st day of that quarter, or
(b) in the case of a claim made by a person who becomes a qualified person by and on the death of another person who had been entitled to early childcare supplement at the date of death, on the 1st day of the quarter in which the claim is made.
Normal residence — early childcare supplement
195. For the purposes of early childcare supplement, where the persons specified in Rule 1 of article 159 are resident in separate households, the qualified child shall be regarded as normally residing with the person with whom he or she resides for the majority of the quarter.
Time of payment
196. (1) Subject to sub-article (6), benefit shall be paid—
(a) in the case of jobseeker’s benefit, illness benefit, disability allowance, jobseeker’s allowance, pre-retirement allowance, farm assist and continued payment for qualified children on such days and at such intervals as the Minister may determine in any particular class of case,
(b) in the case of carer’s benefit, State pension (transition), invalidity pension, deserted wife’s benefit or deserted wife’s allowance or prisoner’s wife’s allowance by virtue of section 178, one-parent family payment (other than one-parent family payment payable in respect of a widow or a widower) and carer’s allowance, weekly in advance on the Thursday of each week,
(c) in the case of State pension (contributory), widow’s (contributory) pension, widower’s (contributory) pension, guardian’s payment (contributory), State pension (non-contributory), blind pension, widow’s and widower’s (non-contributory) pension, guardian’s payment (non-contributory) and one-parent family payment payable in respect of a widow or a widower, weekly in advance on the Friday of each week,
(d) in the case of child benefit, in advance on the 1st Tuesday of each month,
(e) in the case of family income supplement, weekly in advance on the Thursday of each week, and
(f) in the case of early childcare supplement, in respect of each period of three months specified in column (1) of the table to this sub-article on the day specified in column (2) of that table.
TABLE
Period (1)
Day (2)
January, February, March
2nd Monday in April
April, May, June
2nd Monday in July
July, August, September
2nd Monday in October
October, November, December
2nd Monday in December
(2) (a) Where the day from which a payment or a change in the rate of a payment under sub-article (1)(b) takes effect is a day of the week other than a Thursday, such payment or the change in the rate of such payment shall take effect as from and including the next following Thursday.
(b) Where a payment under sub-article (1)(b) ceases to be payable as from and including a day of the week other than a Thursday, such payment shall continue to be payable in respect of the days of the week up to but not including the next following Thursday.
(3) (a) Where the day from which a payment or a change in the rate of a payment under sub-article (1)(c) takes effect is a day of the week other than a Friday, such payment or the change in the rate of such payment shall take effect as from and including the next following Friday.
(b) Where a payment under sub-article (1)(c) ceases to be payable as from and including a day of the week other than a Friday, such payment shall continue to be payable in respect of the days of the week up to but not including the next following Friday.
(4) (a) Where the day from which payment or a change in the rate of payment of family income supplement takes effect, is a day of the week other than a Thursday, payment or the change in the rate of payment of family income supplement shall take effect as from and including the next following Thursday.
(b) Where family income supplement ceases to be payable as from and including a day of the week other than a Thursday, family income supplement shall continue to be payable up to but not including the next following Thursday.
(c) Where a beneficiary makes a claim not more than 4 weeks before or after the end of a period for which family income supplement is paid, any supplement payable on foot of such claim shall be payable immediately from the end of the period in respect of which family income supplement was previously payable.
(5) Notwithstanding section 141(1) where—
(a) the first 3 days of unemployment in a continuous period of unemployment are days in respect of which the provisions of section 141(2)(a) apply, jobseeker’s allowance may be paid in respect of any subsequent days of unemployment following the third such day up to but not including the next following Wednesday,
(b) the first day of unemployment for which jobseeker’s allowance is claimed is a day of the week other than a Wednesday and is not a day to which the provisions of section 141(2)(a) apply, jobseeker’s allowance may be paid in respect of that day and any subsequent days of unemployment up to but not including the next following Wednesday,
(c) a change in circumstances which affects the rate of jobseeker’s allowance payable occurs on a day of the week other than a Wednesday, jobseeker’s allowance shall be payable in respect of each day of unemployment in the week commencing on the previous Wednesday and the rate of allowance payable in respect of the day from which the change in circumstances occurs and any subsequent day of unemployment in the said week up to and including the next following Tuesday, shall be determined having regard to the change in circumstances,
(d) the day in respect of which a person ceases to be entitled to jobseeker’s allowance is a day other than a Wednesday, jobseeker’s allowance may be paid in respect of any day of unemployment as and from the preceding Wednesday up to but not including the said day, and
(e) in any period commencing on a Wednesday and ending on the next following Tuesday a person is disqualified under any provision of the Principal Act from receiving jobseeker’s allowance in respect of any day in that period, jobseeker’s allowance may be paid in respect of any remaining days of unemployment in the said period in respect of which any such disqualification does not apply.
(6) The Minister may, in any particular class of case, arrange for the payment of benefit otherwise than in accordance with the foregoing sub-articles where the circumstances so warrant.
Taking effect of revision on account of change of circumstances
197. In the case of child benefit, where on account of a relevant change of circumstances, a deciding officer or an appeals officer, as the case may be, revises a decision in accordance with sections 301 or 317 the revised decision shall take effect as follows—
(a) where, by virtue of the revised decision, the rate of child benefit will be increased—
(i) from the 1st day of the month following that in which the additional child becomes normally resident with the claimant, provided that the claim is made within 6 months commencing on the 1st day of that month,
(ii) in any other case, from the 1st day of the month following that in which the claim is made, or
(b) where, by virtue of the revised decision, child benefit will be disallowed or reduced—
(i) from the 1st day of the month following that in which there was a change of circumstances in any case where in relation to such change of circumstances there was a statement or representation (whether written or oral) which was to the knowledge of the person making it false or misleading in any material respect or there was any wilful concealment of a material fact,
(ii) in any other case, from the 1st day of such month as a deciding officer or appeals officer may determine having regard to the change of circumstances.
Payable orders
198. (1) In the case of benefit payable by means of an order, the Minister shall cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, a claimant or beneficiary shall obtain a book of orders.
(2) A book of orders issued to any person shall remain the property of the Minister.
(3) Any person having a book of orders or any unpaid orders in respect of benefit shall at the request of an officer of the Minister, deliver such orders to such person as the officer may direct.
(4) In the case of child benefit, where a book of orders has been lost or destroyed, the person to whom the book was issued shall notify the Minister immediately in writing of such loss or destruction, and the Minister may issue a new book to that person, subject to such conditions as he or she thinks fit.
Extinguishment of right to payment
199. (1) Subject to sub-articles (2) and (3), where benefit has been awarded and is being paid to a person, the right to any sum payable by way of the benefit shall be extinguished where payment of the benefit is not obtained within 6 months.
(2) Sub-article (1) shall not apply in respect of any benefit where a deciding officer or an appeals officer is satisfied that entitlement to the payment exists and where —
(a) the sum payable is not received within the time allowed in sub-article (1) due to the mental or other incapacity of the beneficiary or his or her approved agent, or
(b) in any other case where a deciding officer or appeals officer is satisfied that there was good cause for the delay in claiming the payment within the time allowed in sub-article (1).
(3) For the purposes of sub-article (2) “benefit” means—
(a) any benefit specified in section 39(1) (other than jobseeker’s benefit under Chapter 12 of Part 2),
(b) any assistance specified in section 139(1) (other than jobseeker’s allowance under Chapter 2 and supplementary welfare allowance under Chapter 9 of Part 3),
(c) child benefit under Part 4, and
(d) early childcare supplement under Part 4A.
Payments no longer due
200. (1) A claimant or beneficiary who receives child benefit or early childcare supplement, in any manner of payment specified in article 192(2), shall, in accordance with article 188(1)(b), notify the Minister of any change in circumstances which would affect the right to benefit or receipt thereof, and return to the Minister or an officer of the Minister, any payments in respect of benefit not due.
(2) Where a person fails to comply with this article, he or she shall be liable to repay on demand a sum equivalent to child benefit or early childcare supplement received, having no longer been due.
Nominated persons
201. (1) A claimant or beneficiary may nominate another person to receive payment of benefit on his or her behalf and subject to the consent of the Minister, such benefit may be payable to the person so nominated.
(2) Every nomination under sub-article (1)—
(a) shall be made to the Minister in the form for the time being approved by him or her, and
(b) may be revoked by the claimant or beneficiary on giving notice in writing of that fact to the Minister.
(3) The Minister may withdraw his or her consent to a nomination under sub-article (1) and in such case the person so nominated shall, on receipt of a notice of such withdrawal, deliver to the Minister the order book issued to him or her, if any.
Persons unable to act
202. (1) Where a claimant or beneficiary is—
(a) unable for the time being to act, or
(b) under the age of 16 years, the Minister may, subject to such conditions as he or she thinks fit, appoint some other person to exercise, on behalf of the claimant or beneficiary, any right or power which the claimant or beneficiary may be entitled to exercise under the Principal Act and any such person may receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary.
(2) An appointment made under sub-article (1) shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.
(3) Anything required to be done by a claimant or beneficiary in relation to benefit may be done as respects a claimant or beneficiary who is unable to act, by the person appointed under sub-article (1) to act on his or her behalf.
Payment to appointed persons
203. (1) The Minister may, where it appears to him or her that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a claimant or beneficiary, so much of the benefit as is payable in respect of—
(a) illness benefit, by virtue of sections 43(1) and 43(2),
(b) jobseeker’s benefit, by virtue of sections 66(1) and 66(2),
(c) State pension (contributory), by virtue of sections 112(1) and 112(2),
(d) State pension (transition), by virtue of sections 117(1) and 117(2),
(e) invalidity pension, by virtue of sections 122(1) and 122(2),
(f) widow’s (contributory) pension or widower’s (contributory) pension, by virtue of section 127(1),
(g) in respect of jobseeker’s allowance—
(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of sections 142(1)(b)(i) and 142(1)(b)(ii),
(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of sections 142(1)(b)(i) and 142(1)(b)(ii), reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate,
(h) in respect of pre-retirement allowance—
(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of sections 150(1)(a) and (b),
(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of sections 150(1)(a) and (b) reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate,
(i) in respect of State pension (non-contributory) or blind pension—
(i) subject to sub-paragraph (ii), so much of the pension as is payable in respect of a qualified child together with any increase for a spouse,
(ii) in the case of a person in respect of whom no increase is payable for a spouse, the rate payable in respect of a qualified child of such person shall be so much of the pension as is equal to the difference between the pension actually payable to the claimant and the pension that would be payable to a claimant who has no qualified child when the means as duly calculated in both cases fall within the same range in the appropriate statutory table of rates,
(j) deserted wife’s benefit, by virtue of section 178,
(k) in respect of one-parent family payment, so much of that payment as is payable to the claimant or beneficiary in respect of a qualified child by virtue of section 174(1),
(l) disability allowance—
(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of sections 211(1)(a) and 211(1)(b),
(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of sections 211(1)(a) and 211(1)(b), reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate,
(m) in respect of farm assist—
(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of sections 215(1)(a) and 215(1)(b);
(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of sections 215(1)(a) and 215(1)(b), reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate, and
(n) in respect of continued payment for qualified children, so much as is payable by virtue of section 235.
(2) The Minister may, where it appears to him or her that the circumstances so warrant, appoint a person to receive and deal with family income supplement, on behalf of a claimant or beneficiary.
Payment to appointed person living together with applicant
204. Notwithstanding the provisions of article 203, in the case of a claimant or beneficiary who is living together with a person in respect of whom he or she is entitled to or in receipt of an increase of benefit, for a qualified adult, the Minister may, where the circumstances so warrant, appoint the qualified adult to receive and deal with on behalf of the claimant or beneficiary—
(a) in respect of illness benefit, so much of the benefit as is payable by virtue of section 43(2), together with one-half of the benefit as is payable by virtue of sections 42 and 43(1),
(b) in respect of jobseeker’s benefit, so much of the benefit as is payable by virtue of section 66(2), together with one-half of the benefit as is payable by virtue of sections 65 and 66(1),
(c) in respect of State pension (contributory), so much of the pension as is payable by virtue of section 112(2), together with one-half of the pension as is payable by virtue of sections 111, 112(1) and 112(5),
(d) in respect of State pension (transition), so much of the pension as is payable by virtue of section 117(2), together with one-half of the pension as is payable by virtue of sections 116, 117(1) and 117(5),
(e) in respect of invalidity pension, so much of the pension as is payable by virtue of section 122(2) together with one-half of the pension as is payable by virtue of sections 121, 122(1) and 122(5),
(f) in respect of jobseeker’s allowance—
(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable under section 142(1)(b)(ii) together with one-half of the aggregate sum of the appropriate rate of jobseeker’s allowance as set out in column (2) of Part 1 of Schedule 4 to the Principal Act and the increase in allowance payable by virtue of section 142(1)(b)(i),
(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of section 142(1)(b)(ii), together with one-half of the aggregate of—
(I) the appropriate rate of jobseeker’s allowance as set out in column (2) of Part 1 of Schedule 4 to the Principal Act, and
(II) the increase in allowance payable by virtue of section 142(1)(b)(i), reduced in proportion that the weekly rate actually payable bears to the applicable scheduled rate,
reduced in the proportion that the weekly rate actually bears to the applicable scheduled rate.
(g) in respect of pre-retirement allowance—
(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of paragraph (b) of section 150(1), together with one-half of the aggregate sum of the appropriate rate of pre-retirement allowance as set out in column (2) of Part 1 of Schedule 4 to the Principal Act and the increase in allowance payable by virtue of section 150(1)(a),
(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of section 150(1)(b) together with one-half of the aggregate of—
(I) the appropriate rate of pre-retirement allowance as set out in column (2) of Part 1 of Schedule 4 to the Principal Act, and
(II) the increase in allowance payable by virtue of section 150(1)(a),
reduced in the proportion that the weekly rate actually bears to the applicable scheduled rate.
(h) in respect of State pension (non-contributory) or blind pension—
(i) where the weekly rate payable is a scheduled rate, any increase of pension payable in respect of a qualified child by virtue of section 156(1) or 161B(1), together with one-half of the aggregate of—
(I) the rate of pension as set out at column (2) of reference 4 or 5, as the case may be, of Part 1 of Schedule 4 to the Principal Act,
(II) the increase in pension payable by virtue of section 157(1)(a) or 161C(1)(a), as the case may be,
and
(III) the increase in pension payable by virtue of section 157(1)(c),
(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, any increase of pension payable in respect of a qualified child by virtue of section 156(1) or 161B(1), together with one-half of the difference between the pension payable to the claimant and any increase of pension payable in respect of a qualified child by virtue of section 156(1) or 161B(1),
(i) in respect of disability allowance—
(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable under section 211(1)(b) together with one-half of the aggregate sum of the appropriate rate of disability allowance as set out in column (2) of Part 1 of Schedule 4 to the Principal Act and the increase in the allowance payable by virtue of section 211(1)(a),
(ii) where the weekly rate payable is less by reason of means, than the applicable scheduled rate, so much of the allowance as is payable by virtue of section 211(1)(b), together with one-half of the aggregate of—
(I) the appropriate rate of disability allowance as set out in Column (2) of Part 1 of Schedule 4 to the Principal Act, and
(II) the increase in the allowance payable by virtue of section 211(1)(a),
reduced in proportion that the weekly rate actually bears to the applicable scheduled rate,
(j) in respect of farm assist—
(i) where the weekly rate payable is a scheduled rate, so much of the payment as is payable under section 215(1)(b) together with one half of the aggregate sum of the appropriate rate of farm assist as set out in column (2) of Part 1 of Schedule 4 to the Principal Act and the increase in the allowance payable by virtue of section 215(1)(a),
(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of section 215(1)(b) together with one half of the aggregate of—
(I) the appropriate rate of farm assist as set out in column (2) of Part 1 of Schedule 4 to the Principal Act, and
(II) the increase in the allowance payable by virtue of section 215(1)(a),
reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate, and
(k) in respect of continued payment for qualified children, so much as is payable by virtue of section 235.
Payments on death
205. In the case of any benefit, other than child benefit and death grant, on the death of any claimant or beneficiary, the Minister may allow such person as he or she may think fit to proceed with or to make a claim for such benefit in the name of such claimant or beneficiary.
Sum payable on death for child benefit
206. (1) Subject to this Chapter, the Minister may pay a sum payable on death if a claim to such sum is made to him or her within 6 months of the date of death or such longer time as the Minister may determine, having regard to the circumstances of the particular case.
(2) In this article “sum payable on death” in relation to a deceased person means—
(a) where he or she was entitled to child benefit, any sum on account of such benefit which became payable within 6 months before the date of his or her death but has not been paid,
(b) where he or she applied for child benefit for which he or she was qualified and died before the claim was allowed, any sum which would have become payable on account of such benefit up to the date of his or her death, if the claim had been allowed immediately before his or her death.
Distribution of sum payable on death
207. (1) On the death of a claimant or beneficiary any sum payable in respect of any benefit including a sum payable on death within the meaning of article 206(2) may be paid or distributed by the Minister, without probate or other proof of title of the personal representative of the deceased as follows—
(a) where the claimant or beneficiary dies leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the persons receiving that sum,
(b) where the claimant or beneficiary dies intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the claimant or beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.
(2) The receipt by any person of or over the age of 16 years of any sum paid in accordance with this article shall be a good discharge to the Minister (and, in the case of benefit under Part 2, to the Minister and to the Social Insurance Fund) for the sum so paid.
(3) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of 16, he or she may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he or she will apply the sum so paid for the benefit of the person under the age of 16.
(4) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum so paid.
Payments after death
208. (1) For the purposes of this article—
“continued payment” means benefit payable by virtue of section 248(2);
“deceased beneficiary” means a person in respect of whom a continued payment is payable;
“related person” means the person—
(a) in respect of whom the deceased beneficiary was receiving an increase in respect of a qualified adult, or in respect of whom such an increase would have been payable but for the receipt by the deceased beneficiary’s spouse of State pension (non-contributory), blind pension, carer’s benefit or carer’s allowance in his or her own right, or
(b) in respect of whom the deceased beneficiary was receiving an increase under section 157(1)(a).
(2) A continued payment shall be made to the related person of the deceased beneficiary.
(3) (a) Where the related person entitled to a continued payment—
(i) is unable to act, or
(ii) dies and the continued payment includes an increase in respect of a qualified child, the Minister may appoint some other person to exercise on behalf of such related person any right or power which such related person may be entitled to exercise in relation to the continued payment.
(b) The receipt of a person appointed to act under this sub-article shall be a good discharge to the Minister (and, in the case of benefit under Part 2, to the Minister and to the Social Insurance Fund) for any amounts so paid.
(c) Where the related person entitled to a continued payment dies and the continued payment does not include an increase in respect of a qualified child the right to the continued payment shall be extinguished.
(4) Subject to sub-article (5), a continued payment shall be subject to the following conditions—
(a) evidence of the death of a deceased beneficiary shall be furnished by or on behalf of the related person,
(b) the provisions of Chapter 4 of this Part shall not apply to continued payments.
(5) The application of paragraph (4) shall not be read as entitling a related person to a continued payment at a higher rate than the rate of benefit which had been payable to the deceased beneficiary.
(6) (a) In any case where the amount of the continued payment is less than the amount of the pension, allowance or benefit which, but for the provisions of section 248(2)(f) would have been payable for the same period, the provisions of the said section shall not apply, but any amount already paid by way of continued payment shall be treated as payment on account of such pension, allowance or benefit.
(b) In any case where payment has been made to a related person of any pension, allowance or benefit referred to in section 248(2)(f) in respect of the whole or part of the period in respect of which a continued payment is due the amount so paid by way of such pension, allowance or benefit shall be treated as having been paid on account of the continued payment.
(7) In the case of family income supplement, where a claimant or beneficiary dies, payment of the supplement shall continue to be made for a period of 6 weeks, or for the remainder of the 52 week period of payment under section 230 whichever is the lesser, after the date of death to a person who satisfies the Minister that he or she will apply the supplement for the benefit of any surviving member of the family in respect of which the supplement was payable.
Offences
209. A person who fails to comply with article 188(1), 198(3) or 201(3) shall be guilty of an offence and shall be liable on summary conviction to the penalties provided for in section 257(a).
Provisions relating to appointments
210. (1) The Minister may at any time revoke an appointment made under article 202, 203 or 204 and a person appointed may resign on giving to the Minister one month's notice of his or her intention to do so.
(2) The receipt of benefit by a person appointed under article 201, 202, 203, or 204 shall be a good discharge to the Minister (and, in the case of benefit payable under Part 2 of the Principal Act, to the Minister and to the Social Insurance Fund) of any amount so paid.
CHAPTER 3 Loss of Purchasing Power
Definitions
211. In this Chapter—
“arrears” means arrears of benefit due to a person in respect of the relevant period, having been reduced, where appropriate, in accordance with sections 205 or 251(11);
“benefit” means—
(a) any benefit payable specified in section 39(1),
(b) any assistance specified in section 139(1) (other than supplementary welfare allowance under Chapter 9 of Part 3),
(c) child benefit under Part 4,
(d) early childcare supplement under Part 4A,
(e) family income supplement under Part 6, and
(f) continued payment for qualified children under Part 7;
“consumer price index” means the All Items Consumer Price Index Number supplied by the Central Statistics Office;
“inflation factor” means a figure calculated in accordance with the following formula:
(present index / previous index) - 1;
“present index”—
(a) for the purposes of article 213, means the last available consumer price index on the date on which the arrears are paid, and
(b) for the purposes of article 214, means the last available consumer price index on the date on which the payment in respect of the loss of purchasing power is paid;
“previous index”—
(a) for the purposes of article 213 (a), means the consumer price index appropriate to the end of the 12 month period or to the end of the period for which arrears are due if less than 12 months,
(b) for the purposes of article 213 (b) and (c) means the consumer price index appropriate to each period for which a payment in respect of loss of purchasing power is being calculated, and
(c) for the purposes of article 214 means the consumer price index on the date arrears are paid;
“relevant period” means the period referred to in article 212(2);
“the Central Statistics Office” means the Central Statistics Office established by the Statistics Act 1993 (No. 21 of 1993).
Payment in respect of loss of purchasing power
212. (1) Payment in respect of the loss of purchasing power shall be made to a person who makes a claim for any benefit (including any increase thereof) where—
(a) the payment of his or her claim is delayed for a period exceeding 12 months, and
(b) a deciding officer or an appeals officer, decides that the delay was due solely or mainly to circumstances within the control of the Department, and
(c) the person has not contributed to the delay.
(2) A payment under sub-article (1) shall be made in respect of such period as a deciding officer or an appeals officer decides that the delay continued, having regard to the facts of the case.
Calculation of amount
213. Payment to a person by virtue of article 212 shall be the sum of—
(a) an amount if any, calculated by multiplying the arrears due for the period of 12 months from the date of commencement of the relevant period by the inflation factor, plus
(b) an amount if any, calculated by multiplying the arrears due for each calendar quarterly period or part of quarterly period thereafter, where the period occurs prior to 1 January 1997, by the inflation factor, plus
(c) an amount if any, calculated by multiplying the arrears due for each calendar month thereafter, where the period occurs on or after 1 January 1997, by the inflation factor.
Delay in issue of purchasing power payment
214. In the case of a person to whom article 212 applies and to whom arrears have issued in advance of the payment in respect of the loss of purchasing power, the payment calculated in accordance with article 212, shall be increased, where appropriate, by the inflation factor.
Payment of an amount of costs
215. Where a person to whom article 212 applies has necessarily incurred incidental expenses as a result of the delay in payment of the benefit, he or she shall be entitled to a payment of the expenses in so far as they exceed €12.70 and subject to a maximum of €63.50 provided he or she produces such evidence as may be required of such expenditure.
Rounding
216. The amount payable under this Chapter shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.
CHAPTER 4 Absence from State and Imprisonment
Exception from disqualification for periods of absence from State
217. Notwithstanding section 249, a person who is absent from the State shall not be disqualified for receiving—
(a) State pension (contributory), widow’s (contributory) pension, widower’s (contributory) pension, guardian’s payment (contributory) or bereavement grant, (including any increase thereof), by reason only of the person being absent from the State,
(b) illness benefit (including any increase thereof)—
(i) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of receiving treatment for incapacity which commenced before the person left the State,
(ii) while he or she is a person to whom the provisions of article 98 of the Regulations of 1996 apply,
(c) maternity benefit—
(i) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of receiving treatment for incapacity which commenced before the person left the State,
(ii) while he or she is a person to whom the provisions of article 98 of the Regulations of 1996 apply,
(d) jobseeker’s benefit (including any increase thereof) for any period during which that person, or his or her qualified adult, is absent from the State—
(i) on holiday in respect of the first two weeks of any such absence in a calendar year, or
(ii) while representing Ireland in an amateur capacity at an international sporting event, or
(iii) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and due to force majeure,
(e) carer’s benefit (including any increase thereof) for any period during which the carer is absent from the State—
(i) on holiday in respect of the first three weeks of any such absence in a calendar year, or
(ii) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of accompanying a relevant person while that person is receiving treatment for a disability which commenced before the person left the State,
(f) State pension (transition) (including any increase thereof) by reason only of the person being absent from the State provided that during the period of his or her absence from the State the person does not engage in gainful employment of any nature and he or she submits such evidence to that effect as the Minister may require,
(g) invalidity pension (including any increase thereof) by reason only of the person being absent from the State for such period as the Minister may allow, having regard to the circumstances of the case, provided that the person furnishes such medical evidence of incapacity as the Minister may, from time to time, require,
(h) carer’s allowance (including any increase thereof) for any period during which the carer is absent from the State—
(i) on holiday in respect of the first three weeks of any such absence in a calendar year, or
(ii) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of accompanying a relevant person while that person is receiving treatment for a disability which commenced before the person left the State.
Exception from disqualification during penal servitude, imprisonment or detention in legal custody
218. (1) (a) Section 249 shall not operate so as to disqualify a person for receiving illness benefit, maternity benefit, jobseeker’s benefit, State pension (contributory), State pension (transition), invalidity pension, widow’s (contributory) pension, widower’s (contributory) pension, bereavement grant or guardian’s payment (contributory), (including in each case, subject to paragraph (b), any increase thereof), in respect of any period during which the person is detained (other than in the case of a person found not guilty by reason of insanity under the provisions of the Criminal Law (Insanity) Act 2006 (No. 11 of 2006)) in any institution for the treatment of mental illness or infectious disease.
(b) No increase in respect of a qualified child under section 43, 66, 112, 117, 122 or 127 shall be payable to a person to whom paragraph (a) applies.
(2) Subject to sub-article (1), section 249 shall not operate so as to disqualify a person undergoing a period of penal servitude, imprisonment or detention in legal custody—
(a) for receiving bereavement grant,
(b) for receiving illness benefit, invalidity pension, State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension, one-parent family payment, a payment by virtue of section 178, State pension (contributory), widow’s (non-contributory) pension or widower’s (non-contributory) pension (including, in each case any increase thereof) if—
(i) the detention is in respect of his or her being charged with a criminal offence, and
(ii) the charge is subsequently withdrawn or he or she is acquitted of the offence, and
(iii) in the case of illness benefit, immediately before the detention he or she was entitled to the said benefit or would, but for section 40(2) have been so entitled,
(c) for receiving invalidity pension, State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension, one-parent family payment, a payment by virtue of section 178, State pension (contributory), widow’s (non-contributory) pension or widower’s (non-contributory) pension (including, in each case, any increase thereof) if, in a case of imprisonment, the imprisonment is undergone as the alternative to payment of a fine.
(3) Subject to sub-article (1), section 249 shall not operate so as to prohibit payment of an increase in respect of a qualified adult under sections 43, 66, 112, 117 and 122 for any period during which the qualified adult is undergoing detention in legal custody if—
(a) the detention is in respect of his or her being charged with a criminal offence, and
(b) the charge is subsequently withdrawn or he or she is acquitted of the offence.
(4) (a) Subject to paragraph (b) and notwithstanding that a person, by reason of undergoing a period of penal servitude, imprisonment or detention in legal custody is disqualified by virtue of section 249 for receiving illness benefit, invalidity pension, State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension, one-parent family payment, a payment by virtue of section 178, State pension (contributory), widow’s (non-contributory) pension or widower’s (non-contributory) pension (including, in each case, any increase in respect of a qualified adult or qualified child), the increase shall be paid to any person appointed by the Minister to receive and deal with any sums payable on account of such increase for the benefit of the person or persons in respect of whom the increase is payable, and the receipt of any person so appointed shall be

a good discharge to the Minister and the Social Insurance Fund, where appropriate, for any sum so paid.
(b) In the case of illness benefit, paragraph (a) shall only apply where the said person is a person detained in an institution for the treatment of mental illness or is a person who was entitled to such benefit immediately before the commencement of any such period, or would, but for section 40(2) have been so entitled.
Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody
219. (1) Subject to the provisions of articles 218(1) and (4) and sub-article (2), the payment to any person of any benefit, grant, pension or payment or increase of that benefit, pension or payment—
(a) which is excepted from the provisions of section 249 by virtue of article 218, or
(b) which is payable otherwise than in respect of a period during which he or she is undergoing penal servitude, imprisonment or detention in legal custody,
shall be suspended while that person, or, in the case of an increase, the person in respect of whom the increase is payable, is undergoing penal servitude, imprisonment or detention in legal custody.
(2) Bereavement grant, invalidity pension, State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension, one-parent family payment, a payment by virtue of section 178, State pension (contributory), guardian’s payment (contributory), widow’s (non-contributory) pension or widower’s (non-contributory) pension to which sub-article (1) applies may be paid during any such period to any person appointed by the Minister to receive and deal with any sums payable on behalf of the beneficiary, and the receipt of any person so appointed shall be a good discharge to the Minister and the Social Insurance Fund, where appropriate, for any sum so paid.
(3) Where by virtue of sub-article (1) payment of invalidity pension, State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension, one-parent family payment, a payment by virtue of section 178, State pension (contributory), guardian’s payment (contributory), widow’s (non-contributory) pension or widower’s (non-contributory) pension, is suspended for any period, the period of suspension shall not be taken into account in calculating any period under article 113.
CHAPTER 5 Overlapping Benefits
Interpretation
220. In this Chapter—
“assistance” means any assistance specified in section 139(1);
“benefit” means any benefit specified in section 39(1).
Payment of disablement benefit with other social welfare payments
221. (1) Notwithstanding section 247(1) or (2), where disablement benefit and any benefit or assistance (including any increase thereof) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.
(2) For the purposes of sub-article (1), disablement benefit shall not include an increase—
(a) on account of incapacity by virtue of section 77,
(b) in respect of a qualified adult or a qualified child by virtue of section 76,
(c) in respect of constant attendance by virtue of section 78, other than where a benefit is payable.
Payment of guardian’s payment with other social welfare payments
222. (1) Notwithstanding section 247(1) or (2), where guardian’s payment (contributory), guardian’s payment (non-contributory) or death benefit by way of orphan’s pension and any payment specified in sub-article (3) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.
(2) Where, in respect of any period, a person who is in receipt of guardian’s payment (contributory), guardian’s payment (non-contributory) or death benefit by way of orphan’s pension is also in receipt of blind pension or any payment specified in paragraphs (h) to (l) of sub-article (3), then illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement shall not be payable to that person in respect of the same period.
(3) The following payments are specified for the purposes of this article—
(a) illness benefit,
(b) maternity benefit,
(c) health and safety benefit,
(d) adoptive benefit,
(e) jobseeker’s benefit,
(f) injury benefit,
(g) incapacity supplement,
(h) death benefit by way of widow’s pension, widower’s pension or parent’s pension,
(i) widow’s (contributory) pension and widower’s (contributory) pension,
(j) deserted wife’s benefit by virtue of paragraph (a) of the definition of “relevant payment” in section 178,
(k) widow’s (non-contributory) pension and widower’s (non-contributory) pension,
(l) one-parent family payment.
Payment of half-rate benefit to recipients of certain payments
223. (1) Subject to sub-article (2) and notwithstanding section 247(1) or (2), where in respect of any period a person is in receipt of a payment specified in sub-article (7) and is also entitled to illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement in respect of any day in the same period such illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement shall, subject to sub-article (3) be reduced by half.
(2) For the purposes of benefit payable in accordance with sub-article (1)—
(a) no increase shall be paid in respect of a qualified child,
(b) in the case of incapacity supplement, no increase shall be paid by virtue of section 76(5),
(c) in the case of a person who is in receipt of a payment specified in sub-article (7), illness benefit or incapacity supplement shall not be paid for any day in excess of 390 days in any period of interruption of employment.
(3) Subject to sub-article (4), where, in respect of any period, a person is in receipt of—
(a) widow’s (contributory) pension, widower’s (contributory) pension or deserted wife’s benefit by virtue of section 178 at a rate less than that specified in Part 1 of Schedule 2 to the Principal Act, or
(b) any pension or payment specified in paragraphs (c) to (e) of sub-article (7) at a reduced rate by reason of means,
and he or she is also entitled to illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement, both such payments may be paid to that person in respect of that period.
(4) The amount payable, in accordance with sub-article (3), to a person by way of such illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit or injury benefit (including any increase in respect of a qualified child) or by way of incapacity supplement (including an increase payable in respect of a qualified child by virtue of section 76(5)) shall not exceed the aggregate of—
(a) the difference between the amount of such reduced pension, benefit or allowance specified in sub-article (3)(a) or (b) and the maximum scheduled rate of such pension, benefit or allowance, appropriate to the family size, and
(b) one-half of the rate of illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit (exclusive of any increase in respect of a qualified child) or incapacity supplement (exclusive of any increase payable in respect of a qualified child by virtue of section 76(5)), as the case may be,
and in no case shall the amount of illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement so payable exceed the rate of such benefit, allowance or supplement appropriate to the family size, as set out in Part 1 of Schedule 2 to the Principal Act.
(5) In sub-article (4) “scheduled rate” means the rate of widow’s (contributory) pension, widower’s (contributory) pension, or deserted wife’s benefit by virtue of section 178, appropriate to the family size, as set out in Part 1 of Schedule 2 to the Principal Act, or the rate of widow’s and widower’s (non-contributory) pension, deserted wife’s allowance or prisoner’s wife’s allowance by virtue of section 178 or one-parent family payment appropriate to the family size, as set out in Part 1 of Schedule 4 to the Principal Act, as the case may be.
(6) Where, in respect of any period, a person who is in receipt of a payment specified in sub-article (7) is also in receipt of a blind pension, then illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement shall not be payable to that person in respect of the same period.
(7) The following payments are specified for the purposes of this article—
(a) death benefit by way of widow’s pension, widower’s pension or parent’s pension,
(b) widow’s (contributory) pension or widower’s (contributory) pension,
(c) a relevant payment by virtue of section 178,
(d) widow’s (non-contributory) pension or widower’s (non-contributory) pension, or
(e) one-parent family payment.
(8) Where, on the 5 April 1990, a person who was in receipt of a payment specified in sub-article (5) was also in receipt of illness benefit or incapacity supplement by virtue of sub-article (1B) of article 4 of the Social Welfare (Overlapping Benefits) Regulations 1953 ( S.I. No. 14 of 1953 ) (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations 1987 ( S.I. No. 344 of 1987 )), that person shall, notwithstanding sub-article (1) continue to be entitled to such benefit or supplement until the end of the period of incapacity for work.
Payment of blind pension with other social welfare payments
224. (1) Notwithstanding section 247(1) or (2), where, in respect of the same period, blind pension and any payment specified in sub-article (2) would be payable to or in respect of a person who has not attained pensionable age, both such payments may be paid to or in respect of that person in respect of that period.
(2) The following payments are specified for the purposes of this article—
(a) any benefit other than carer’s benefit, State pension (contributory), State pension (transition) or invalidity pension,
(b) any assistance other than jobseeker’s allowance, pre-retirement allowance, State pension (non-contributory), carer’s allowance, disability allowance or farm assist.
Payment on account
225. (1) Where—
(a) in respect of any period, a payment specified in section 247(1) or (2) (in this article referred to as the “specified payment”) has been paid to or in respect of a person who, though entitled to any other payment specified in the said subsection (1) or (2) (in this article referred to as the “other payment”), is not at that time in receipt of such other payment, and
(b) such specified payment would not have been paid if that person had been in receipt of such other payment, and
(c) any sum (in this article referred to as the “arrears”) accruing in respect of any part of the said period on account of the other payment subsequently becomes payable to that person,
the Minister or the Executive, as the case may be, may reduce the arrears by an amount not exceeding the amount paid by way of the specified payment to such person.
(2) Where on revision or appeal it is decided that benefit or assistance is payable to a person in lieu of family income supplement payable to him or her by virtue of the original decision, any payments already made on account of the supplement in respect of any period covered by the decision on revision or appeal shall be treated as having been made on account of the benefit or assistance made payable by that decision.
Payment on account of qualified adult and qualified child
226. (1) Where in respect of any period a person is in receipt of any benefit or assistance, which includes an increase in respect of a qualified adult, and in that period that qualified adult becomes entitled in his or her own right to any benefit or assistance, any such increase shall be regarded as payment on account of the said benefit or assistance payable to that qualified adult in respect of the said period.
(2) Where in respect of any period a person is in receipt of any benefit or assistance, which includes an increase in respect of a qualified child, and in that period that qualified child becomes entitled in his or her own right to any benefit or assistance, any such increase shall be regarded as payment on account of the said benefit or assistance payable to that qualified child in respect of the said period.
(3) Where in respect of any period a person is in receipt of any benefit or assistance, which includes an increase in respect of a qualified child, and in that period that person's spouse becomes entitled in his or her own right to any benefit or assistance which also includes an increase in respect of that qualified child, half of any sums paid to that person in that period in respect of that qualified child shall be regarded as payment on account of the said benefit or assistance.
Supplementary welfare allowance granted to persons in receipt of long-term payments
227. (1) Any arrears of a relevant payment payable to or in respect of a person, which the Minister, by virtue of section 204, may reduce by the amount of the excess, shall include any such arrears payable to or in respect of the spouse of that person.
(2) In this article “excess” and “relevant payment” have the meanings assigned to them by section 204.
Payment of increase for qualified child where child becomes entitled to payment in his or her own right
228. Notwithstanding section 247(1) or (2) where, in respect of any period to which article 14(3)(b) applies, an increase in any payment specified in section 247(1) or (2) is payable in respect of a qualified child and that qualified child becomes entitled to any payment specified in section 247(1) or (2) in his or her own right, the following provisions shall apply—
(a) the increase in payment payable in respect of the qualified child shall continue to be paid, and
(b) the payment to which the qualified child becomes entitled to in his or her own right shall be reduced by an amount not exceeding the amount of the increase specified in paragraph (a).
State pension (non-contributory) — qualified child
229. Notwithstanding section 158, where each of a married couple is entitled to State pension (non-contributory) and, but for this article, they would each be entitled to an increase in such pension in respect of a qualified child, only one such pension shall be increased in respect of such qualified child.
Rounding
230. Where, by virtue of this Chapter, the amount of any benefit or assistance (including any increase thereof) is reduced, the amount so payable shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is a multiple of 5 cent.
Saver
231. (1) Subject to sub-article (2) where, before 1 November 1991, more than one of the payments specified in section 247(1) or (2) was payable to or in respect of a person in respect of the same period by virtue of article 21(1) of the Social Welfare (Overlapping Benefits) Regulations 1990 ( S.I. No. 342 of 1990 ), section 247 shall not operate so as to disentitle such person to any such payment.
(2) Where, on 1 November 1991, more than one of the payments specified in section 247(1) or (2) continued to be payable to or in respect of a person in respect of the same period by virtue of sub-article (1), and that person subsequently ceases to be entitled to any such payment for any period, sub-article (1) shall cease to apply to that person from the date that such payment ceases.
(3) Subject to sub-article (4), where, immediately before 1 November 1991—
(a) a disabled person’s maintenance allowance,
(b) an infectious diseases maintenance allowance, or
(c) an increase in either of the payments specified in paragraph (a) or (b), and
(i) any benefit specified in section 39(1) (other than death benefit by way of a grant in respect of funeral expenses or death grant),
(ii) any assistance specified in section 139(1) (other than supplementary welfare allowance), or
(iii) an increase in any of the payments specified in subparagraph (i) or (ii) of this paragraph,
would be payable to or in respect of a qualified child in respect of the same period, section 247 shall not operate so as to disentitle such person to any such payment.
(4) Where, on or after 1 November 1991, more than one of the payments specified in sub-article (3) continued to be payable to or in respect of a qualified child in respect of the same period by virtue of sub-article (3), and any such payment subsequently ceases to be payable to or in respect of that person, sub-article (3) shall cease to apply to that person from the date that such payment ceases.
CHAPTER 6 Household Budgeting
Definitions
232. In this Chapter—
“assistance” means jobseeker’s allowance under Chapter 2 of Part 3, one-parent family payment under Chapter 7 of Part 3 or disability allowance under Chapter 10 of Part 3;
“benefit” means jobseeker’s benefit under Chapter 12 of Part 2, invalidity pension under Chapter 17 of Part 2, widow’s (contributory) pension or widower’s (contributory) pension under Chapter 18 of Part 2 or a relevant payment in accordance with paragraph (a) in the definition of “relevant payment” in section 178(1);
“beneficiary” means a person in receipt of benefit or assistance, payable by An Post through a payment method known as Postdraft or Electronic Information Transfer;
“specified body” has the meaning assigned to it by section 290.
Household budgeting
233. (1) Subject to these Regulations, An Post shall, on application by a beneficiary in such form as may be determined by An Post, deduct an amount from his or her weekly rate of benefit or assistance for transfer to such specified body as may be designated by the beneficiary.
(2) The total amount deducted under sub-article (1) in any week shall not exceed 25 per cent of the weekly rate of such benefit or assistance to which the beneficiary is entitled.
(3) A beneficiary may cancel a deduction made under this article by giving not less than two weeks notice in writing to An Post specifying details of the deduction or deductions to be cancelled.
(4) The amount of the deduction made under sub-article (1) may be varied on application by the beneficiary to An Post in such form as may be determined by An Post.
(5) An Post shall immediately upon receipt of a cancellation pursuant to sub-article (3) or a variation pursuant to sub-article (4), comply with such cancellation or variation.
(6) Where, in any week, the amount of payment to which the beneficiary is entitled for that week is insufficient to meet all the deductions under sub-article (1), An Post may make deductions up to the percentage amount specified in sub-article (2) to the specified bodies in the priority nominated by the beneficiary at the time of the making of the application in accordance with this article.
CHAPTER 7 Island Allowance
Island allowance
234. “Island” for the purposes of section 2(1) shall be read in accordance with Schedule 16.
CHAPTER 8 Widowed Parent Grant
Widowed parent grant
235. The higher amount prescribed for the purposes of section 137 is €4,000.
PART 8 Control Provisions
Interpretation
236. In this Chapter—
“specified industry”—
(a) insofar as it relates to an employer, means—
(i) the construction industry, including the building, alteration, decoration, repair or demolition of any building or structure,
(ii) contract cleaning,
(iii) forestry work, excluding work carried out by permanent employees of the Department of Communications, Marine and Natural Resources, or Coillte Teoranta,
(iv) meat processing operations,
(v) the security industry,
(vi) the road haulage industry, consisting only of such industries whose principal business is the haulage or carriage of goods, merchandise or commodities by road, excluding work carried out by Iarnrd Éireann,
(vii) private road transport for passengers by omnibus or coach,
(viii) the catering industry including hotels, restaurants and other premises of a similar nature where food is sold for consumption on the premises, and
(ix) the licensed bar trade,
(b) insofar as it relates to a sub-contractor or an employer or any other person who engages a sub-contractor, means—
(i) the construction industry, including the building, alteration, decoration, repair or demolition of any building or structure,
(ii) forestry work,
(iii) meat processing operations,
(iv) the road haulage industry including the haulage or carriage of goods, merchandise or commodities by road,
(v) private road transport for passengers by omnibus or coach, and
(vi) the catering industry including hotels, restaurants and other premises of a similar nature where food is sold for consumption on the premises,
and
(c) for the purposes of articles 240 and 241, means the construction industry including the building, alteration, decoration, repair or demolition of any building or structure;
“sub-contractor” means a person engaged under a contract for service to perform a service.
Provision of information — interpretation
237. For the purposes of articles 238 and 239—
“academic year” means a period in which a course of instruction or part of a cycle of education takes place in a calendar year or a period in which a course of instruction or part of a cycle of education commences in one calendar year and finishes in the next following calendar year;
“centre of education” means a place where adult or continuing education or vocational education or training are provided, other than an institution of education or an institution of higher education;
“dependent person” has the meaning assigned to it by section 1 of the Act of 1990;
“institution of education” means a school or a place where adult or continuing education or vocational education or training are provided, other than a school or a place providing university or other third level education, and funded by the Department of Education and Science;
“institution of higher education” means—
(a) a university,
(b) a college of a university,
(c) any institution which the Minister for Education and Science has designated in regulations made pursuant to section 1 of the Higher Education Authority Act 1971 (No. 22 of 1971) as an institution of higher education for the purposes of that Act,
(d) any institution to which the Qualifications (Education and Training) Act 1999 (No. 26 of 1999) applies,
(e) any institution established under the Regional Technical Colleges Acts 1992 to 2001,
(f) any institution incorporated under the Dublin Institute of Technology Act 1992 (No. 15 of 1992), or
(g) any institution which is not an institution for the purposes of sub-paragraphs (a) to (f) and to which the Local Authorities (Higher Education Grants) Acts 1968 to 1992 apply;
“nursing home” has the meaning assigned to it by section 2 of the Act of 1990;
“registered proprietor” has the meaning assigned to it by section 1 of the Act of 1990;
“school” means a school which provides post primary education to its students up to and including the Leaving Certificate Examination of the State Examinations Commission and which may also provide courses in adult, continuing or vocational education and training; and
“the Act of 1990” means the Health (Nursing Homes) Act 1990 (No. 23 of 1990).
Provision of information — institution of education, institution of higher education or centre of education
238. (1) Every institution of education, institution of higher education or centre of education shall, on request, provide the Minister with any of the following information the Minister may request in respect of each person being of or over the age of 18 years who is registered as a student at such institution or centre, as the case may be, at the commencement of each academic year, or who registers with the said institution or centre, as the case may be, after the commencement of each academic year—
(a) name,
(b) address,
(c) date of birth,
(d) nature of the course of study being pursued,
(e) duration of the course of study being pursued,
(f) details of attendance requirements at the institution of higher education or centre of education, as the case may be, during the course of the relevant academic year, and
(g) details of any grants or payments made to such student by any body, authority, institution or fund.
(2) The information requested in accordance with sub-article (1) shall be submitted by the institution of education, institution of higher education or centre of education, as the case may be, in such format as is acceptable to the Minister.
(3) The information requested in sub-article (1) shall be furnished, within 30 days of the receipt of a request for such information from the Minister, to such office of the Department as may be specified by the Minister.
Provision of information — nursing homes
239. (1) Every registered proprietor of a nursing home shall, on request, provide the Minister with any of the following information that the Minister may request in respect of each dependent person who, being entitled to or in receipt of or who makes application for any benefit or assistance under the Principal Act, is being maintained in such nursing home—
(a) name,
(b) former home address,
(c) date of birth, and
(d) personal public service number.
(2) The information requested in accordance with sub-article (1) shall be submitted by the registered proprietor in such format as is acceptable to the Minister and shall be furnished, within 30 days of the receipt of a request for such information from the Minister, to such office of the Department as may be specified by the Minister.
Persons required to keep records
240. (1) Every employer engaged in a specified industry shall maintain a record of every person in his or her employment.
(2) Every person who engages a sub-contractor to perform a service in a specified industry shall maintain a record of every sub-contractor so engaged.
(3) Every sub-contractor engaged to perform a service in a specified industry shall maintain a record of every person engaged to perform that service either with him or her or on his or her behalf whether under a contract for service or any other arrangement made or to be made by him or her.
Records to be maintained
241. Every record under article 240 shall—
(a) contain the following particulars in respect of the person to whom it relates—
(i) name,
(ii) address,
(iii) personal public service number, and
(iv) the date of commencement of the employment,
(b) be recorded at the time of commencement of the relevant employment, and
(c) be held readily accessible at the construction site where the person to whom the record relates is employed for the duration of his or her employment.
(d) for the purposes of this article, “construction site”, means the premises or place at which the employee or sub-contractor is carrying out the work for which he or she is contracted.
PART 9 Overpayments
Provision of information on overpayments
242. Where an overpayment has been assessed against a person, in accordance with Part 11 of the Principal Act, that person shall be—
(a) informed of the factors which gave rise to the overpayment,
(b) informed of the amount of overpayment,
(c) informed of the proposed method of recovery, and
(d) afforded an opportunity to bring to the notice of the Department or Executive as appropriate—
(i) any view he or she may wish to offer on the assessment of the overpayment,
(ii) any view he or she may wish to offer on the proposed method of recovery of the overpayment, and
(iii) any facts or circumstances which he or she considers relevant to the recovery of the overpayment,
before any decision is made regarding the recovery of the overpayment.
Recovery of overpayment
243. The Minister or the Executive, as appropriate, shall make every effort to recover overpayments in full having regard to the provisions of these Regulations and shall, subject to these Regulations, determine the method and rate of repayment and such repayment may take the form of lump sum payment or periodic payments or both.
Determining the method of recovery
244. When determining the method and rate of repayment of an overpayment, the Minister or the Executive shall take account of—
(a) the amount of the overpayment and the circumstances in which it arose, and
(b) any facts or circumstances relevant to the recovery which have come to the notice of the Department or the Executive.
Recovery of overpayment by means of deduction from social welfare payment
245. Where the person liable to repay an overpayment is entitled to or in receipt of, or subsequently becomes entitled to—
(a) any benefit specified in section 39(1), or
(b) any assistance specified in section 139(1), or
(c) family income supplement under Part 6 of the Principal Act,
recovery of an overpayment may take the form of—
(i) withholding all or part of arrears of any benefit, assistance or supplement due to that person under the Principal Act, or
(ii) making deductions from ongoing payments having regard to the total amount to be recovered and the person’s ability to repay,
or both, provided that recovery of the overpayment shall not cause, without the prior written agreement of the person liable to repay the overpayment, that person’s weekly payment of benefit or assistance, as the case may be, to fall below the weekly rate of supplementary welfare allowance appropriate to his or her family circumstances that would be payable if the person was not in receipt of any benefit or assistance.
Reduction or cancellation of sum to be repaid
246. (1) The amount of an overpayment to be repaid may be reduced or cancelled where the overpayment arose because of—
(a) a failure by the Department or the Executive to act within a reasonable period on information which was provided by or on behalf of the person concerned, or
(b) an error by the Department or the Executive,
and the person concerned could not reasonably have been expected to be aware that a failure or error had occurred.
(2) The amount to be repaid shall, where the facts or circumstances warrant, be reduced to the amount accepted in settlement.
(3) The amount of an overpayment to be repaid may be reduced by the amount of any other benefit, assistance or supplement to which the person would otherwise have been entitled in the period to which the overpayment relates had he or she not been in receipt of the payment which gave rise to the overpayment.
(4) In determining whether repayment of an overpayment is to be reduced or cancelled, account shall be taken of any omission made by or on behalf of the person concerned, which contributed in whole or in part to the overpayment being made.
(5) The repayment of an overpayment may be cancelled where there is no reasonable prospect of securing repayment in whole or in part.
Proceedings for recovery of overpayment
247. These Regulations are without prejudice to any right of the Minister or the Executive, as the case may be, to recover overpayments by proceedings taken under statute or simple contract debt in any court of competent jurisdiction.
Obligations of personal representatives
248. These Regulations do not affect the obligation of the personal representative of a deceased person who was at any time in receipt of a social assistance payment to—
(a) give notice of his or her intention to distribute the assets of that person and to furnish a schedule of such assets at least 3 months before commencing to distribute the assets,
(b) ensure that sufficient assets are retained to repay any assistance overpaid, and
(c) be personally liable to repay the amount of an overpayment outstanding as a result of failure to meet these obligations.
Decisions as to the application of this chapter
249. All questions which arise in the application of this Chapter shall, other than in the case of supplementary welfare allowance, be determined by an officer of the Minister or in the case of supplementary welfare allowance, by an employee of the Executive, as appropriate, for this purpose.
PART 10 Liable Relatives
Definitions
250. In this Chapter—
“allowance” has the meaning assigned to it by section 344(1);
“Inspector” means an inspector appointed under section 250;
“liable relative” has the meaning assigned to it by section 2(7);
“order of the Court” has the meaning assigned to it by section 344(1);
“qualified child” means a person who is ordinarily resident in the State, is not detained in a reformatory or an industrial school and is under the age of 18 years or is of or over that age and under the age of 22 years and is attending a course of study within the meaning of section 148(3).
Calculation of amount due
251. (1) The amount which the liable relative is liable to contribute for the purposes of section 346, shall be—
(a) the weekly value of any property belonging to the liable relative (not being property personally used or enjoyed by him or her) which is invested or otherwise put to profitable use by the liable relative or which, though capable of investment or profitable use, is not invested or put to profitable use by the liable relative, the weekly value of the property being calculated as follows:
(i) the first €20,000 of the capital value of the property shall be excluded,
(ii) the weekly value of so much of the capital value of the property as exceeds €20,000 but does not exceed €30,000 shall be assessed at €1 per each €1,000,
(iii) the weekly value of so much of the capital value of the property as exceeds €30,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000,
(iv) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000,
but no account shall be taken under any other provision of this article of any appropriation of the property for the purpose of current expenditure, and
(b) gross income, other than income from property assessed under paragraph (a), actually received or likely to be received in the contribution year in which the liability is calculated or where in any case a deciding officer or an appeals officer, as the case may be, considers that this period would not suffice, any other contribution year which appears to him or her to be appropriate for such purpose, less the amount of—
(i) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),
(ii) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No. 39 of 1997),
(iii) any contributions payable under section 13(2)(b) and regulations made under section 14 or section 21,
(iv) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),
(v) any maintenance payments being paid by the liable relative in respect of his or her spouse and his or her child or children, where such maintenance payments have been taken into account in deciding the amount of allowance payable to the said spouse or parent of his or her children,
(vi) an amount, not exceeding €4,952 per annum, of any rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the liable relative is residing but where the liable relative has remarried or is co-habiting as husband and wife with another person who is in employment or self-employment, the amount allowed shall be one-half of the rent or repayment, not exceeding €2,476 per annum.
(2) The amount calculated in accordance with paragraph (b) of sub-article (1) shall be divided by 52.
(3) The amount calculated in accordance with sub-articles (1) and (2) shall be further reduced by—
(a) a weekly amount equal to the sum of the amount specified in column 2 of reference 7 of Part 1 of Schedule 4 to the Principal Act plus €19.05, and
(b) the amount specified in column 4 of reference 7 of Part 1 of Schedule 4 to the Principal Act in respect of each qualified child of the liable relative normally residing with him or her and for whom he or she has the main care and charge.
Saver
252. (1) Subject to sub-article (2), article 251 shall not have the effect of increasing the amount payable by the liable relative immediately before the commencement of these Regulations, in any case where the amount payable was calculated in accordance with article 4 of the Social Welfare (Liable Relative) Regulations 1999 ( S.I. No. 138 of 1999 ).
(2) Sub-article (1) shall cease to apply to any person where the capital amount on which the amount of contribution payable was calculated on the commencement of these Regulations is found to have increased.
Amount to be paid
253. (1) Subject to sub-article (2), the weekly amount to be paid by the liable relative shall be either—
(a) the amount calculated in accordance with article 251, or
(b) the amount of weekly allowance in payment to the person, or parent of the person as the case may be, whom the liable relative is liable to maintain under Part 12, or
(c) in the case of the qualified child of an unmarried person, an amount not exceeding the maximum amount set out in section 23 of the Family Law Maintenance of Spouses and Children Act 1976 (inserted by the Courts Act 1981 (No. 11 of 1981) and amended by the Courts Act 1991 (No. 20 of 1991)) in respect of each qualified child,
whichever is the lesser amount, and any fraction of €1 of the amount of contribution payable by the liable relative, which is greater than 50 cent, shall be taken to be €1 and any other such fraction shall be ignored.
(2) Where an amount due under sub-section (1) is less than €2.50 per week no payment shall be sought from the liable relative.
Transfer of maintenance
254. Where in accordance with section 358 a person who is in receipt of an allowance transfers to the Department maintenance payments made to him or her in compliance with an order of the Court, such maintenance payments may offset, in whole or in part, the amount payable by the liable relative, as a deciding officer or an appeals officer, as the case may be, shall decide.
Prescribed time for furnishing information
255. For the purposes of this Chapter a liable relative, his or her employer, or any other person shall furnish such information as may be required for the purposes of deciding the amount which the liable relative is required to contribute, within 7 days of being so requested by an inspector.
Article 9
SCHEDULE 1 Rates of increases for Qualified Adult payable with Illness Benefit, Jobseeker’s Benefit, Injury Benefit, Incapacity Supplement, Jobseeker’s Allowance, Pre-Retirement Allowance, Disability Allowance or Farm Assist
Qualified Adult weekly income, calculated or estimated in accordance with article 8
Increase in respect of Qualified Adult
(1)
(2)
€
Less than or equal to €100.00
123. 30
Exceed €100.00 but do not exceed €110.00
117. 90
Exceed €110.00 but do not exceed €120.00
112. 50
Exceed €120.00 but do not exceed €130.00
106. 00
Exceed €130.00 but do not exceed €140.00
99. 50
Exceed €140.00 but do not exceed €150.00
93. 00
Exceed €150.00 but do not exceed €160.00
86. 50
Exceed €160.00 but do not exceed €170.00
80. 00
Exceed €170.00 but do not exceed €180.00
73. 50
Exceed €180.00 but do not exceed €190.00
67. 00
Exceed €190.00 but do not exceed €200.00
60. 50
Exceed €200.00 but do not exceed €210.00
54. 00
Exceed €210.00 but do not exceed €220.00
47. 50
Exceed €220.00 but do not exceed €230.00
41. 00
Exceed €230.00 but do not exceed €240.00
34. 50
Exceed €240.00 but do not exceed €250.00
28. 00
Exceed €250.00 but do not exceed €260.00
21. 50
Exceed €260.00 but do not exceed €270.00
15. 00
Exceed €270.00 but do not exceed €280.00
8. 50
Exceed €280.00
nil
Articles 10, 62 and 65
SCHEDULE 2 Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has attained pensionable age
Spouse’s earnings:
Yearly Average 48-52
Yearly Average 20-47
Yearly Average 15-19
Yearly Average 10-14
Yearly Average 5-9
(1)
(2)
(3)
(4)
(5)
(6)
€
€
€
€
€
Less than or equal to €100.00
173. 00
173. 00
129. 80
86. 50
43. 30
Exceed €100.00 but do not exceed €110.00
163. 90
163. 90
123. 00
82. 00
41. 10
Exceed €110.00 but do not exceed €120.00
154. 80
154. 80
116. 20
77. 50
38. 90
Exceed €120.00 but do not exceed €130.00
145. 70
145. 70
109. 40
73. 00
36. 70
Exceed €130.00 but do not exceed €140.00
136. 60
136. 60
102. 60
68. 50
34. 50
Exceed €140.00 but do not exceed €150.00
127. 50
127. 50
95. 80
64. 00
32. 30
Exceed €150.00 but do not exceed €160.00
118. 40
118. 40
89. 00
59. 50
30. 10
Exceed €160.00 but do not exceed €170.00
109. 30
109. 30
82. 20
55. 00
27. 90
Exceed €170.00 but do not exceed €180.00
100. 20
100. 20
75. 40
50. 50
25. 70
Exceed €180.00 but do not exceed €190.00
91. 10
91. 10
68. 60
46. 00
23. 50
Exceed €190.00 but do not exceed €200.00
82. 00
82. 00
61. 80
41. 50
21. 30
Exceed €200.00 but do not exceed €210.00
72. 90
72. 90
55. 00
37. 00
19. 10
Exceed €210.00 but do not exceed €220.00
63. 80
63. 80
48. 20
32. 50
16. 90
Exceed €220.00 but do not exceed €230.00
54. 70
54. 70
41. 40
28. 00
14. 70
Exceed €230.00 but do not exceed €240.00
45. 60
45. 60
34. 60
23. 50
12. 50
Exceed €240.00 but do not exceed €250.00
36. 50
36. 50
27. 80
19. 00
10. 30
Exceed €250.00 but do not exceed €260.00
27. 40
27. 40
21. 00
14. 50
8. 10
Exceed €260.00 but do not exceed €270.00
18. 30
18. 30
14. 20
10. 00
5. 90
Exceed €270.00 but do not exceed €280.00
9. 20
9. 20
7. 40
5. 50
3. 70
Exceed €280.00
nil
nil
nil
nil
nil
Articles 10, 62 and 65
SCHEDULE 3 Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has not attained pensionable age
Spouse’s earnings:
Yearly Average 48-52
Yearly Average 20-47
Yearly Average 15-19
Yearly Average 10-14
Yearly Average 5-9
(1)
(2)
(3)
(4)
(5)
(6)
€
€
€
€
€
Less than or equal to €100.00
139. 50
139. 50
104. 60
69. 80
34. 90
Exceed €100.00 but do not exceed €110.00
132. 20
132. 20
99. 10
66. 20
33. 10
Exceed €110.00 but do not exceed €120.00
124. 90
124. 90
93. 60
62. 60
31. 30
Exceed €120.00 but do not exceed €130.00
117. 60
117. 60
88. 10
59. 00
29. 50
Exceed €130.00 but do not exceed €140.00
110. 30
110. 30
82. 60
55. 40
27. 70
Exceed €140.00 but do not exceed €150.00
103. 00
103. 00
77. 10
51. 80
25. 90
Exceed €150.00 but do not exceed €160.00
95. 70
95. 70
71. 60
48. 20
24. 10
Exceed €160.00 but do not exceed €170.00
88. 40
88. 40
66. 10
44. 60
22. 30
Exceed €170.00 but do not exceed €180.00
81. 10
81. 10
60. 60
41. 00
20. 50
Exceed €180.00 but do not exceed €190.00
73. 80
73. 80
55. 10
37. 40
18. 70
Exceed €190.00 but do not exceed €200.00
66. 50
66. 50
49. 60
33. 80
16. 90
Exceed €200.00 but do not exceed €210.00
59. 20
59. 20
44. 10
30. 20
15. 10
Exceed €210.00 but do not exceed €220.00
51. 90
51. 90
38. 60
26. 60
13. 30
Exceed €220.00 but do not exceed €230.00
44. 60
44. 60
33. 10
23. 00
11. 50
Exceed €230.00 but do not exceed €240.00
37. 30
37. 30
27. 60
19. 40
9. 70
Exceed €240.00 but do not exceed €250.00
30. 00
30. 00
22. 10
15. 80
7. 90
Exceed €250.00 but do not exceed €260.00
22. 70
22. 70
16. 60
12. 20
6. 10
Exceed €260.00 but do not exceed €270.00
15. 40
15. 40
11. 10
8. 60
4. 30
Exceed €270.00 but do not exceed €280.00
8. 10
8. 10
5. 60
5. 00
2. 50
Exceed €280.00
nil
nil
nil
nil
nil
Article 11
SCHEDULE 4 Rates of increases for Qualified Adult payable with Invalidity Pension
Qualified Adult weekly income, calculated or estimated in accordance with article 8
Increase in respect of Qualified Adult (under 66)
Increase in respect of Qualified Adult (over 66)
(1)
(2)
(3)
€
€
Less than or equal to €100.00
136. 50
173. 00
Exceed €100.00 but do not exceed €110.00
129. 40
163. 90
Exceed €110.00 but do not exceed €120.00
122. 30
154. 80
Exceed €120.00 but do not exceed €130.00
115. 20
145. 70
Exceed €130.00 but do not exceed €140.00
108. 10
136. 60
Exceed €140.00 but do not exceed €150.00
101. 00
127. 50
Exceed €150.00 but do not exceed €160.00
93. 90
118. 40
Exceed €160.00 but do not exceed €170.00
86. 80
109. 30
Exceed €170.00 but do not exceed €180.00
79. 70
100. 20
Exceed €180.00 but do not exceed €190.00
72. 60
91. 10
Exceed €190.00 but do not exceed €200.00
65. 50
82. 00
Exceed €200.00 but do not exceed €210.00
58. 40
72. 90
Exceed €210.00 but do not exceed €220.00
51. 30
63. 80
Exceed €220.00 but do not exceed €230.00
44. 20
54. 70
Exceed €230.00 but do not exceed €240.00
37. 10
45. 60
Exceed €240.00 but do not exceed €250.00
30. 00
36. 50
Exceed €250.00 but do not exceed €260.00
22. 90
27. 40
Exceed €260.00 but do not exceed €270.00
15. 80
18. 30
Exceed €270.00 but do not exceed €280.00
8. 70
9. 20
Exceed €280.00
nil
nil
Articles 27, 37 and 48
SCHEDULE 5 Reduced rates of Illness Benefit, Health and Safety Benefit and Jobseeker’s Benefit
Amount of reckonable weekly earnings
Weekly Rate
Increase for Qualified Adult (where payable)
(1)
(2)
(3)
€
€
€
32. 00 to 44.43
83. 50
79. 90
44. 44 to 63.48
120. 00
79. 90
63. 49 to 88.87
145. 60
79. 90
Articles 27, 37 and 48
SCHEDULE 6 Reduced rates of Illness Benefit, Health and Safety Benefit and Jobseeker’s Benefit
Amount of reckonable weekly earnings
Weekly Rate
Increase for Qualified Adult (where payable)
(1)
(2)
(3)
€
€
€
32. 00 to 79.99
83. 50
79. 90
80. 00 to 124.99
120. 00
79. 90
125. 00 to 149.99
145. 60
79. 90
Articles 27 and 48
SCHEDULE 7 Rates of increases for Qualified Adult, payable with reduced rates of Illness Benefit and Jobseeker’s Benefit
Qualified Adult weekly income, calculated or estimated in accordance with article 8
Increase in respect of Qualified Adult
(1)
(2)
€
Less than or equal to €100.00
79. 90
Exceed €100.00 but do not exceed €110.00
75. 80
Exceed €110.00 but do not exceed €120.00
71. 70
Exceed €120.00 but do not exceed €130.00
67. 60
Exceed €130.00 but do not exceed €140.00
63. 50
Exceed €140.00 but do not exceed €150.00
59. 40
Exceed €150.00 but do not exceed €160.00
55. 30
Exceed €160.00 but do not exceed €170.00
51. 20
Exceed €170.00 but do not exceed €180.00
47. 10
Exceed €180.00 but do not exceed €190.00
43. 00
Exceed €190.00 but do not exceed €200.00
38. 90
Exceed €200.00 but do not exceed €210.00
34. 80
Exceed €210.00 but do not exceed €220.00
30. 70
Exceed €220.00 but do not exceed €230.00
26. 60
Exceed €230.00 but do not exceed €240.00
22. 50
Exceed €240.00 but do not exceed €250.00
18. 40
Exceed €250.00 but do not exceed €260.00
14. 30
Exceed €260.00 but do not exceed €270.00
10. 20
Exceed €270.00 but do not exceed €280.00
6. 10
Exceed €280.00
nil
Articles 62 and 65
SCHEDULE 8 Reduced rates of State Pension (Contributory) where contribution conditions are partially satisfied and increases for qualified adult
Yearly Average
Weekly Rate
Increase for Qualified Adult (under 66)
Increase for Qualified Adult (over 66)
(1)
(2)
(3)
(4)
€
€
€
20 to 47
205. 50
139. 50
173. 00
15 to 19
157. 00
104. 60
129. 80
10 to 14
104. 70
69. 80
86. 50
5 to 9
52. 30
34. 90
43. 30
Articles 62 and 65
SCHEDULE 9 Rates of tapered qualified adult allowance payable with State Pension (Contributory) and State Pension (Transition) where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001
Spouse’s earnings:
Increase for Qualified Adult (over 66)
Increase for Qualified Adult (under 66)
(1)
(2)
(3)
€
€
Less than or equal to €100.00
129. 80
113. 10
Exceed €100.00 but do not exceed €110.00
122. 80
107. 00
Exceed €110.00 but do not exceed €120.00
115. 80
100. 90
Exceed €120.00 but do not exceed €130.00
108. 80
94. 80
Exceed €130.00 but do not exceed €140.00
101. 80
88. 70
Exceed €140.00 but do not exceed €150.00
94. 80
82. 60
Exceed €150.00 but do not exceed €160.00
87. 80
76. 50
Exceed €160.00 but do not exceed €170.00
80. 80
70. 40
Exceed €170.00 but do not exceed €180.00
73. 80
64. 30
Exceed €180.00 but do not exceed €190.00
66. 80
58. 20
Exceed €190.00 but do not exceed €200.00
59. 80
52. 10
Exceed €200.00 but do not exceed €210.00
52. 80
46. 00
Exceed €210.00 but do not exceed €220.00
45. 80
39. 90
Exceed €220.00 but do not exceed €230.00
38. 80
33. 80
Exceed €230.00 but do not exceed €240.00
31. 80
27. 70
Exceed €240.00 but do not exceed €250.00
24. 80
21. 60
Exceed €250.00 but do not exceed €260.00
17. 80
15. 50
Exceed €260.00 but do not exceed €270.00
10. 80
9. 40
Exceed €270.00 but do not exceed €280.00
3. 80
3. 30
Exceed €280.00
nil
nil
Article 71
SCHEDULE 10 Reduced rates of State Pension (Transition) where contribution conditions are partially satisfied
Yearly Average
Weekly Rate
(1)
(2)
€
24 to 47
205. 50
Articles 80, 81, 87 and 88
SCHEDULE 11 Reduced rates of Widow's (Contributory) Pension, and deserted wife's benefit where contribution conditions are partially satisfied
Yearly Average
Weekly Rate (under 66)
Weekly Rate (over 66)
(1)
(2)
(3)
€
€
36 to 47
188. 60
205. 90
24 to 35
185. 80
200. 30
18 to 23
137. 60
150. 20
12 to 17
90. 70
99. 70
5 to 11
45. 90
49. 90
Article 89(1)(a)
SCHEDULE 12 Deserted wife's benefit — effect of income limit
Aggregate of reckonable income and reckonable earnings
Weekly Rate (under 66)
Weekly Rate (over 66)
(1)
(2)
(3)
€
€
€
Exceeds 12,698 but does not exceed 13,968
153. 00
167. 40
Exceeds 13,968 but does not exceed 15,237
114. 80
125. 60
Exceeds 15,237 but does not exceed 16,507
76. 50
83. 70
Exceeds 16,507 but does not exceed 17,777
38. 30
41. 90
Articles 89(1)(b)(i) and 89(1)(c)
SCHEDULE 13 Deserted wife's benefit — reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is under 66
Aggregate of reckonable income and reckonable earnings
Yearly Average 5 to 11
Yearly Average 12 to 17
Yearly Average 18 to 23
Yearly Average 24 to 35
Yearly Average 36 to 47
(1)
(2)
(3)
(4)
(5)
(6)
€
€
€
€
€
€
Exceeds 12,698 but does not exceed 13,968
36. 70
72. 60
110. 10
148. 60
150. 90
Exceeds 13,968 but does not exceed 15,237
27. 50
54. 40
82. 60
111. 50
113. 20
Exceeds 15,237 but does not exceed 16,507
18. 40
36. 30
55. 00
74. 30
75. 40
Exceeds 16,507 but does not exceed 17,777
9. 20
18. 10
27. 50
37. 20
37. 70
Articles 89(1)(b)(ii) and 89(1)(d)
SCHEDULE 14 Deserted wife's benefit — reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is over 66
Aggregate of reckonable income and reckonable earnings
Yearly Average 5 to 11
Yearly Average 12 to 17
Yearly Average 18 to 23
Yearly Average 24 to 35
Yearly Average 36 to 47
(1)
(2)
(3)
(4)
(5)
(6)
€
€
€
€
€
€
Exceeds 12,698 but does not exceed 13,968
39. 90
79. 80
120. 20
160. 20
164. 70
Exceeds 13,968 but does not exceed 15,237
29. 90
59. 80
90. 10
120. 20
123. 50
Exceeds 15,237 but does not exceed 16,507
20. 00
39. 90
60. 10
80. 10
82. 40
Exceeds 16,507 but does not exceed 17,777
10. 00
19. 90
30. 00
40. 10
41. 20
Article 185
SCHEDULE 15 Extension of period for payment of claims made more than 12 months after the due date
Period from date of establishment of entitlement to the date the claim was made
Period by which payment shall be extended beyond that specified in section 241(2)
(1)
(2)
Exceeds 1 year but not 2 years
50% of the number of weeks exceeding 1 year from the date claim was made
Exceeds 2 years but not 3 years
40% of the number of weeks exceeding 2 years from the date claim was made plus 26 weeks
Exceeds 3 years but not 4 years
30% of the number of weeks exceeding 3 years from the date claim was made plus 47 weeks
Exceeds 4 years but not 5 years
20% of the number of weeks exceeding 4 years from the date claim was made plus 63 weeks
Exceeds 5 years
10% of the number of weeks exceeding 5 years from the date claim was made plus 73 weeks
Article 234
SCHEDULE 16 Island Allowance
Each of the following shall be an island prescribed for the purposes of section 2(1):
An tOileán Ruaidh (also known as Island Roy), Co. Donegal
Árainn Mhr, Co. Donegal,
Árainn, Co. Galway,
Bere Island, Co. Cork,
Claggan Island, Co. Mayo,
Clare Island, Co. Mayo,
Cléire, Co. Cork,
Clynish, Co. Mayo,
Coney Island, Co. Sligo,
Dursey Island, Co. Cork,
Fenit Island, Co. Kerry,
Foynes Island, Co. Limerick,
Gabhla, Co. Donegal,
Heir Island (also know as Inishodriscol), Co. Cork,
Inis Bearachain, Co. Galway,
Inis Bigil, Co. Mayo,
Inis B Finne, Co. Donegal,
Inis Fraoich Uachtarach, Co. Donegal,
Inis Meáin, Co. Galway,
Inis Mhic Chionnaith, Co. Galway,
Inis Oírr, Co. Galway,
Inis Treabhair, Co. Galway,
Inishboffin, Co. Galway,
Inishcottle, Co. Mayo,
Inishgort, Co. Mayo,
Inishlyre, Co. Mayo,
Inishnakillew, Co. Mayo,
Inishturk Beg, Co. Mayo,
Inishturk, Co. Mayo,
Inse Ghainnimh, Co. Galway,
Islandmore, Co. Mayo
Lambay Island, Co. Dublin,
Long Island, Co. Cork,
Omey Island, Co. Galway,
Sherkin Island, Co. Cork,
Toraigh, Co. Donegal, and
Whiddy Island, Co. Cork.
Article 5
SCHEDULE 17 Revocations
S.I. Number
Regulations
Extent of Revocation
(1)
(2)
(3)
S.I. No. 126 of 1962
Social Welfare (General Benefit) (Amendment) Regulations 1963
The whole Regulations
S.I. No. 234 of 1967
Social Welfare (Occupational Injuries) (Medical Care) (Amendment) Regulations 1967
The whole Regulations
S.I. No. 417 of 1994
Social Welfare (Consolidated Payments Provisions) Regulations 1994
The whole Regulations
S.I. No. 25 of 1995
European Communities (Social Welfare) Regulations 1995
The whole Regulations
S.I. No. 26 of 1995
Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations 1995
The whole Regulations
S.I. No. 94 of 1995
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations 1995
The whole Regulations
S.I. No. 146 of 1995
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1995
The whole Regulations
S.I. No. 242 of 1995
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) Regulations 1995
The whole Regulations
S.I. No. 303 of 1995
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) Regulations 1995
The whole Regulations
S.I. No. 95 of 1996
Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations 1996
The whole Regulations
S.I. No. 143 of 1996
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1996
The whole Regulations
S.I. No. 172 of 1996
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) Regulations 1996
The whole Regulations
S.I. No. 189 of 1996
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) Regulations 1996
The whole Regulations
S.I. No. 297 of 1996
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) Regulations 1996
The whole Regulations
S.I. No. 374 of 1996
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Assessment of Means) Regulations 1996
The whole Regulations
S.I. No. 375 of 1996
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance) Regulations 1996
The whole Regulations
S.I. No. 426 of 1996
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (One-parent Family Payment) Regulations 1996
The whole Regulations
S.I. No. 156 of 1997
Social Welfare (Consolidated Payments Provisions) (Amendment) (Household Budgeting) Regulations 1997
The whole Regulations
S.I. No. 237 of 1997
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) Regulations 1997
The whole Regulations
S.I. No. 249 of 1997
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity and Adoptive Benefit) Regulations 1997
The whole Regulations
S.I. No. 251 of 1997
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Disability Allowance) Regulations 1997
The whole Regulations
S.I. No. 293 of 1997
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Homemakers) Regulations 1997
The whole Regulations
S.I. No. 333 of 1997
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) Regulations 1997
The whole Regulations
S.I. No. 436 of 1997
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) Regulations 1997
The whole Regulations
S.I. No. 438 of 1997
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (Widow’s and Widower’s (Non-Contributory) Pension) Regulations 1997
The whole Regulations
S.I. No. 489 of 1997
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Pensions) Regulations 1997
The whole Regulations
S.I. No. 492 of 1997
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Increase for Qualified Adult) Regulations 1997
The whole Regulations
S.I. No. 530 of 1997
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Treatment Benefit) Regulations 1997
The whole Regulations
S.I. No. 54 of 1998
Social Welfare (Consolidated Payments Provisions) (Amendment) (Educational Opportunities) Regulations 1998
The whole Regulations
S.I. No. 55 of 1998
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Late Claims) Regulations 1998
The whole Regulations
S.I. No. 105 of 1998
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Calculation of Yearly Average) Regulations 1998
The whole Regulations
S.I. No. 137 of 1998
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Availability and Genuinely Seeking Employment Conditions) Regulations 1998
The whole Regulations
S.I. No. 184 of 1998
Social Welfare (Consolidated Payments Provisions) (Amendment) (No.5) (Increase in Rates) Regulations 1998
The whole Regulations
S.I. No. 185 of 1998
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Rehabilitative Employment) Regulations 1998
The whole Regulations
S.I. No. 186 of 1998
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Death Grant) Regulations 1998
The whole Regulations
S.I. No. 187 of 1998
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Miscellaneous) Regulations 1998
The whole Regulations
S.I. No. 139 of 1999
Social Welfare (Consolidated Payments Provisions) (Amendment) (Miscellaneous Provisions) Regulations 1999
The whole Regulations
S.I. No. 161 of 1999
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant) Regulations 1999
The whole Regulations
S.I. No. 164 of 1999
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increases in Rates) Regulations 1999
The whole Regulations
S.I. No. 256 of 1999
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Carer’s Allowance) Regulations 1999
The whole Regulations
S.I. No. 300 of 1999
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Bereavement Grant and Homemakers) Regulations 1999
The whole Regulations
S.I. No. 301 of 1999
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase for Qualified Adult) Regulations 1999
The whole Regulations
S.I. No. 324 of 1999
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance, Pre-Retirement Allowance and Farm Assist) Regulations 1999
The whole Regulations
S.I. No. 81 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase for Qualified Adult) Regulations 2000
The whole Regulations
S.I. No. 82 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Homemakers) Regulations 2000
The whole Regulations
S.I. No. 83 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Disregard from Spouse’s Earnings) Regulations 2000
The whole Regulations
S.I. No. 103 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Rehabilitative Employment) Regulations 2000
The whole Regulations
S.I. No. 106 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Carers) Regulations 2000
The whole Regulations
S.I. No. 122 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2000
The whole Regulations
S.I. No. 123 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Family Income Supplement) Regulations 2000
The whole Regulations
S.I. No. 124 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Increase for Qualified Adult) Regulations 2000
The whole Regulations
S.I. No. 159 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Late Claims) Regulations 2000
The whole Regulations
S.I. No. 160 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (Loss of Purchasing Power) Regulations 2000
The whole Regulations
S.I. No. 232 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Sale of Residence) Regulations 2000
The whole Regulations
S.I. No. 265 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Child Benefit) Regulations 2000
The whole Regulations
S.I. No. 313 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 12) (Capital Assessment) Regulations 2000
The whole Regulations
S.I. No. 340 of 2000
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers) Regulations 2000
The whole Regulations
S.I. No. 99 of 2001
Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations 2001
The whole Regulations
S.I. No. 103 of 2001
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Miscellaneous Provisions) Regulations 2001
The whole Regulations
S.I. No. 132 of 2001
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Miscellaneous Provisions) Regulations 2001
The whole Regulations
S.I. No. 242 of 2001
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Sharing of Information) Regulations 2001
The whole Regulations
S.I. No. 326 of 2001
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Island Allowance) Regulations 2001
The whole Regulations
S.I. No. 408 of 2001
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Educational Opportunities) Regulations 2001
The whole Regulations
S.I. No. 548 of 2001
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Widowed Parent Grant) Regulations 2001
The whole Regulations
S.I. No. 614 of 2001
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Euro) Regulations 2001
The whole Regulations
S.I. No. 650 of 2001
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Increase in Rates) Regulations 2001
The whole Regulations
S.I. No. 120 of 2002
Social Welfare (Consolidated Payments Provisions) (Amendment) (Miscellaneous Provisions) Regulations 2002
The whole Regulations
S.I. No. 332 of 2002
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Qualified Child) Regulations 2002
The whole Regulations
S.I. No. 461 of 2002
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Means Assessment) Regulations 2002
The whole Regulations
S.I. No. 631 of 2002
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Increase in Rates) Regulations 2002
The whole Regulations
S.I. No. 121 of 2003
Social Welfare (Consolidated Payments Provisions) (Amendment) (Carers) Regulations 2003
The whole Regulations
S.I. No. 170 of 2003
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Means Assessment) Regulations 2003
The whole Regulations
S.I. No. 235 of 2003
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Means Assessment) Regulations 2003
The whole Regulations
S.I. No. 323 of 2003
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Compensation Payments) Regulations 2003
The whole Regulations
S.I. No. 396 of 2003
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Child Benefit) Regulations 2003
The whole Regulations
S.I. No. 427 of 2003
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Compensation Payments) Regulations 2003
The whole Regulations
S.I. No. 453 of 2003
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Qualified Child Increase) Regulations 2003
The whole Regulations
S.I. No. 696 of 2003
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (Miscellaneous Provisions) Regulations 2003
The whole Regulations
S.I. No. 724 of 2003
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Increase in Rates) Regulations 2003
The whole Regulations
S.I. No. 725 of 2003
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Graduated Rates) Regulations 2003
The whole Regulations
S.I. No. 9 of 2004
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Qualified Child Increase) Regulations 2004
The whole Regulations
S.I. No. 125 of 2004
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations 2004
The whole Regulations
S.I. No. 145 of 2004
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Overlapping Payments) Regulations 2004
The whole Regulations
S.I. No. 660 of 2004
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity Benefit) Regulations 2004
The whole Regulations
S.I. No. 846 of 2004
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Miscellaneous Provisions) Regulations 2004
The whole Regulations
S.I. No. 847 of 2004
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Qualified Child Increase) Regulations 2004
The whole Regulations
S.I. No. 850 of 2004
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004
The whole Regulations
S.I. No. 184 of 2005
Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carer’s) Regulations 2005
The whole Regulations
S.I. No. 185 of 2005
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Treatment Benefit) Regulations 2005
The whole Regulations
S.I. No. 186 of 2005
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Homemakers) Regulations 2005
The whole Regulations
S.I. No. 231 of 2005
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant) Regulations 2005
The whole Regulations
S.I. No. 350 of 2005
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Family Income Supplement) Regulations 2005
The whole Regulations
S.I. No. 351 of 2005
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Island Allowance) Regulations 2005
The whole Regulations
S.I. No. 880 of 2005
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Increase in Rates) Regulations 2005
The whole Regulations
S.I. No. 120 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (Benefit and Privilege) Regulations 2006
The whole Regulations
S.I. No. 145 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Carers) Regulations 2006
The whole Regulations
S.I. No. 147 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Early Childcare Supplement) Regulations 2006
The whole Regulations
S.I. No. 199 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Island Allowance) Regulations 2006
The whole Regulations
S.I. No. 200 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Assessment of Maintenance) Regulations 2006
The whole Regulations
S.I. No. 201 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Treatment Benefit) Regulations 2006
The whole Regulations
S.I. No. 202 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Maternity and Adoptive Benefit) Regulations 2006
The whole Regulations
S.I. No. 219 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Qualified Adult and Earnings from Rehabilitative Employment) Regulations 2006
The whole Regulations
S.I. No. 288 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Carers and Homemakers) Regulations 2006
The whole Regulations
S.I. No. 486 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (One-Parent Family Payment) (Assessment of Earnings) Regulations 2006
The whole Regulations
S.I. No. 487 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Treatment Benefit) Regulations 2006
The whole Regulations
S.I. No. 497 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Compensation Payments) Regulations 2006
The whole Regulations
S.I. No. 519 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 12) (State and Widow(er)’s Pension (Non-Contributory) Earnings Disregard) Regulations 2006
The whole Regulations
S.I. No. 571 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006
The whole Regulations
S.I. No. 681 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 16) (Early Childcare Supplement) Regulations 2006
The whole Regulations
S.I. No. 692 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006
The whole Regulations
S.I. No. 696 of 2006
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 15) (Absence from State and Imprisonment) Regulations 2006
The whole Regulations
S.I. No. 43 of 2007
Social Welfare (Consolidated Payments Provisions) (Amendment) (Jobseeker’s Benefit) (Redundancy — Exemption from Disqualification) Regulations 2007
The whole Regulations
S.I. No. 128 of 2007
Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Maternity Benefit and Miscellaneous Provisions) Regulations 2007
The whole Regulations
GIVEN under my Official Seal
28 March 2007
SÉAMUS BRENNAN
Minister for Social and Family Affairs.
The Minister for Health and Children hereby consents to the making of the foregoing regulations.
GIVEN under my Official Seal
28 March 2007
MARY HARNEY
Minister for Health and Children
The Minister for Finance hereby consents to the making of the foregoing regulations.
GIVEN under my Official Seal
28 March 2007
BRIAN COWEN
Minister for Finance.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations consolidate the regulatory provisions relating to—
• All of the social insurance payments other than Occupational Injuries Benefits (Part 2),
• All of the social assistance payments, other than supplementary welfare allowance (Part 3),
• Child Benefit (Part 4),
• Respite Care Grant (Part 5),
• Family Income Supplement (Part 6),
• Related provisions governing the making of claims and payments (Part 7) including—
— Loss of purchasing power,
— Absence from State and Imprisonment,
— Overlapping payments — provisions which set out the circumstances in which a person may receive more than one social welfare payment at the same time,
— Island allowance,
• Control provisions (Part 8),
• Overpayments (Part 9), and
• Liable Relatives (Part 10).
1 OJ No. L 149, 5.7.1971, p. 2

2 OJ No L 169/1, 12.7.1993, p. 4

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