S.I. No. 122 of 2000

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 5) (INCREASE IN RATES) REGULATIONS, 2000

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 2, (as amended by section 14 of the Social Welfare Act, 2000 ( section 17 of the Social Welfare Act, 1999 ( section 24 of the Social Welfare Act, 1999 ), 39, 41I (as amended by sections 10 and 11 of the Social Welfare Act, 1997 (No. 10 of 1997) ), 41B (inserted by the European Communities (Social Welfare) Regulations, 1995 ( S.I. No. 25 of 1995 ) and amended by section 24 of the Social Welfare Act, 1999 ), 43 (as amended by section 24 of the Social Welfare Act, 1999 ), 84 (as amended by section 21 of the Social Welfare Act, 1999 ), 89 (as amended by section 12 of the Social Welfare Act, 1997 ), 102 (as amended by section 27 of the Social Welfare Act, 1996 ( No. 7 of 1996 )), 111 and 245A (as amended by section 20 of the Social Welfare Act, 2000 ) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) , hereby makes the following Regulations:

Citation and construction.

1.   (1)  These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations, 2000.

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

Commencement.

2.   These Regulations shall come into operation -

(a)    in so far as it relates to unemployment assistance and farm assist on 26 April, 2000,

(b)    in so far as it relates to unemployment benefit, on 27 April, 2000,

(c)    in so far as it relates to disability benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit on 1 May, 2000,

(d)    in so far as it relates to disability allowance, on 3 May, 2000,

(e)    in so far as it relates to retirement pension, invalidity pension, pre-retirement allowance and a relevant payment by virtue of section 18 (1) (a) of the Social Welfare Act, 1996 , on 4 May, 2000, and

(f)     in so far as it relates to old age (contributory) pension, widow's and widower's (contributory) pension and unemployability supplement on 5 May, 2000.

Definitions.

3.   In these Regulations -

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

“the Regulations of 1999” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) Regulations, 1999 ( S.I. No. 164 of 1999 ).

“the Regulations of 2000” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase for Qualified Adult) Regulations, 2000 ( S.I. No. 81 of 2000 ).

Interpretation.

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

Maternity and adoptive benefit.

5.   The Principal Regulations are hereby amended by

(a)    the substitution in article 22 (2) (as amended by article 5 of the Regulations of 1999) for “£86.70” of “£90.70”, and

(b)    the substitution in article 23 (inserted by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity and Adoptive Benefit) Regulations, 1997 ( S.I. No. 249 of 1997 )) for “£232.60” of “£246.90”.

Reduced rates of benefit.

6.    the Principal Regulations are hereby amended by -

(a)    the substitution for Schedule B (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 1,

(b)    the substitution for Schedule C (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 2,

(c)    the substitution for Schedule D (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 3,

(d)    the substitution for Schedule E (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 4,

(e)    the substitution for Schedule G (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 5,

(f)     the substitution for Schedule H (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 6,

(g)    the substitution for Schedule I (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 7,

(h)    the substitution for Schedule J (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 8,

(i)     the substitution for Schedule K (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 9,

(j)    the substitution for Schedule L (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 10,

(k)    the substitution for Schedule M (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 11, and

(1)    the substitution for Schedule MA (as substituted by article 6 of the Regulations of 1999) thereto of the Schedule set out in Schedule 12.

Increase for qualified adult.

7.    The Principal Regulations are hereby amended by -

(a)    the substitution for Schedule P (as substituted by article 4 of the Regulations of 2000) thereto of the Schedule set out in Schedule 13,

(b)    the substitution for Schedule PA (inserted by article 4 of the Regulations of 2000) thereto of the Schedule set out in Schedule 14,

(c)    the substitution for Schedule PB (inserted by article 4 of the Regulations of 2000) thereto of the Schedule set out in Schedule 15,

(d)    the substitution for Schedule PC (inserted by article 4 of the Regulations of 2000) thereto of the Schedule set out in Schedule 16,

(e)    the substitution for Schedule PD (inserted by article 4 of the Regulations of 2000) thereto of the Schedule set out in Schedule 17, and

(f)     the substitution for Schedule Q (as substituted by article 4 of the Regulations of 2000) thereto of the Schedule set out in Schedule 18.

SCHEDULE 1

“SCHEDULE B

Articles 18, 25B and 30

Reduced rates of disability, unemployment and health and safety benefits

”.

SCHEDULE 2

“SCHEDULE C

Article 38

Reduced rates of old age (contributory) pension where contribution conditions are partially satisfied

”.

SCHEDULE 3

“SCHEDULE D

Article 41

Special partial old age (contributory) pension

”.

SCHEDULE 4

“SCHEDULE E

Article 47

Reduced rates of retirement pension where contribution conditions are partially satisfied

”.

SCHEDULE 5

“SCHEDULE G

Article 56

Reduced rates of widow's (contributory) pension and widower's (contributory) pension where contribution conditions are partially satisfied

”.

SCHEDULE 6

“SCHEDULE H

Article 57

Special partial widow's (contributory) pension and widower's (contributory) pension

”.

SCHEDULE 7

“ SCHEDULE I

Article 64

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied

”.

SCHEDULE 8

“SCHEDULE J

Article 65

Special partial deserted wife's benefit

”.

SCHEDULE 9

“SCHEDULE K

Article 66 (1) (a)

Rates of deserted wife's benefit - effect of income limit

SCHEDULE 10

“SCHEDULE L

Article 66 (1) (b)

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied - effect of income limit

”.

SCHEDULE 11

“SCHEDULE M

Article 66 (1) (c)

Special partial deserted wife's benefit - effect of income limit where Claimant is under 66

SCHEDULE 12

“SCHEDULE MA

article 66 (1) (d)

Special partial deserted wife's benefit - effect of income limit where claimant is aged 66 or over

SCHEDULE 13

“SCHEDULE P

Article 6C

Rates of increases for Qualified Adult

”.

SCHEDULE 14

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

SCHEDULE 15

“SCHEDULE PB            Article 6D

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

SCHEDULE 16

“Schedule PC      Article 6E

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

SCHEDULE 17

“Schedule PD          Article 6E

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

SCHEDULE 18

“SCHEDULE Q

Articles 18 and 30

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

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

EXPLANATORY NOTE

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

The Social Welfare Act, 2000 provided for increases in the maximum rates of social insurance payments arising from the 2000 Budget, with effect from May 2000.

These Regulations provide for increases in the reduced rates of Disability Benefit, Unemployment Benefit, Health and Safety Benefit, Old Age (Contributory) Pension (OACP), Retirement Pension, Widow's and Widower's (Contributory) Pension, Deserted Wife's Benefit, and also provides for increases in the rates of tapered increases in respect of Qualified Adults. All of these increases are effective from May 2000.

The Regulations also amend the yearly average bands for receipt of reduced rate OACP and Retirement Pension where the contribution conditions are partially satisfied. The highest payment of reduced rate OACP will now apply to claimants with a yearly average of 20 to 47 and is set at 98% of the full-rate pension.

The new bands for the yearly average are:

20 to 47

15 to 19

10 to 14

The reduced rate of Retirement Pension will now apply to claimants with a yearly average of 24 to 47.

The Regulations also provide for increases in the minimum and maximum weekly rate of Maternity Benefit and Adoptive Benefit with effect from May 2000.