S.I. No. 417/1994 - Social Welfare (Consolidated Payments Provisions) Regulations, 1994

• (iii) all of the voluntary contributions paid by him,

during the relevant period:

Provided that where the amount so calculated is not a multiple of £2, it shall be increased to the next multiple of £2.

• (2) Notwithstanding sub-article (1), any increase payable under subsection (2), (4) or (5) of section 91 shall be the same as if the contribution condition set out in section 89 (1)(c) had been fully satisfied.

50 Calculation of yearly average.

50. In calculating the yearly average or alternative yearly average for retirement pension purposes, in the case of a claim made on or after the 13th day of 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.

51 Saver.

51. The provisions of this Chapter shall not operate so as to disentitle to a retirement pension, or to reduce the rate of such pension payable to, a person who satisfies the contribution conditions for retirement pension contained in section 89(1) by virtue solely of his insurance under the Principal Act.

CHAPTER 6 *Invalidity Pension*

52 Definition of permanently incapable of work.

52. For the purposes of section 95, a person shall be regarded as being permanently incapable of work if immediately before the date of claim for the said pension—

( a ) he 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 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:

Provided that he shall not be so regarded where it is subsequently shown to the satisfaction of a deciding officer or an appeals officer that he 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.

53 Conditions for receipt of invalidity pension.

53. For the purposes of section 96(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.

54 Disqualification.

54. (1) A person shall be disqualified for receiving invalidity pension if and so long as he fails without good cause to observe the Rules of Behaviour specified in Schedule F.

• (2) A person may, with the prior written permission of an officer of the Minister, be exempted from the operation of Rule 4 of the Rules of Behaviour in Schedule F for any period during which—

( a ) having become permanently incapable of following his usual occupation, he is undergoing a course of training with a view to taking up some other occupation,

( b ) he is engaged in work in the nature of rehabilitation or occupational therapy, or

( c ) he is engaged in light work for which no remuneration is or would ordinarily be payable.

CHAPTER 7 *Survivor's Pension*

55 Interpretation.

55. 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;

"relevant contribution condition" means the contribution condition set out in section 102(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 102(1)(b) (ii);

"yearly average" has the meaning assigned to it by section 100.

56 Partial satisfaction of contribution conditions for survivor's pension.

56. (1) Where a person would be entitled to survivor's pension but for the fact that the relevant contribution condition is not satisfied, the person shall be entitled to survivor's pension at a rate determined in accordance with sub-article (2):

Provided that the yearly average in the relevant period is not less than 24.

• (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 G, survivor's 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 104 shall be the same as if the contribution condition set out in section 102(1)(b)(ii) had been fully satisfied.

57 Special partial contributors survivor's pension.

57. (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 survivor's 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 survivor's pension under article 56, the person shall be entitled to survivor's pension at a rate determined in accordance with sub-article (2):

Provided that the yearly average in the relevant period is not less than 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 H, fractions of whole numbers being disregarded, survivor's 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 104 shall be the same as if the contribution condition set out in section 102(1)(b)(ii) had been fully satisfied.

58 Reckoning of contributions paid under Widows' and Orphans' Acts.

58. (1) In determining whether the contribution condition for survivor's pension contained in section 102(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 102(1)(b) and article 56, the following provisions shall have effect in relation to an existing pensions contributor—

( a ) in determining whether the contribution condition for survivor's 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 the 2nd day of July, 1951 to the 4th day of 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.

59 Calculation of yearly average.

59. In calculating the yearly average for survivor's pension purposes (other than survivor's pension payable under article 57) 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 8 *Deserted Wife's Benefit*

60 Interpretation.

60. In this Chapter—

"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 111(1)(b)(ii);

"yearly average" has the meaning assigned to it by section 110(4).

61 Definition of desertion.

61. A woman is to be regarded for the purposes of section 110 as having been deserted by her husband if—

( a ) her husband has of his own volition left her, or his conduct has resulted in her leaving him with just cause,

( b ) she is not being maintained by her husband, or if she is being so maintained, the weekly amount of maintenance received is less than the rate shown opposite reference 5 in column (2) of Part I of the Second Schedule to the Principal Act increased by the amount set out in column (4) of the said Schedule in respect of each qualified child who normally resides with her, and

( c ) she and her husband have lived apart from one another for a continuous period of at least 3 months immediately preceding the date of her claim and continue to so live apart.

62 Conditions for receipt of deserted wife's benefit.

62. The following conditions are hereby prescribed for the purposes of section 110(1)(e)—

( 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 be cohabiting as husband and wife.

63 Income limit.

63. (1) The amount prescribed for the purposes of section 110(1)(e) shall be £10,000.

• (2) The amount prescribed for the purposes of section 111 (4) (a) shall be £14,000.

64 Partial satisfaction of contribution conditions for deserted wife's benefit.

64. (1) Subject to article 66, where a woman would be entitled to deserted wife's benefit but for the fact that the contribution conditions are not satisfied as respects the yearly average, she shall be entitled to deserted wife's benefit at a rate determined in accordance with sub-article (2):

Provided that the yearly average in the relevant period is not less than 24.

• (2) In the case of a woman 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 I, 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 113 shall be the same as if the contribution condition set out in section 111(1)(b)(ii) had been fully satisfied.

65 Special partial deserted wife's benefit.

65. (1) Subject to article 66, 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 insurance record but for the fact that the relevant contribution condition set out in section 111(1)(b)(ii) is not satisfied and there is no entitlement to benefit under article 64 she shall be entitled to deserted wife's benefit at a rate determined in accordance with sub-article (2):

Provided that the yearly average in the relevant period is not less than 5.

• (2) In the case of a woman 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 J, 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 113 shall be the same as if the contribution condition set out in section 111(1)(b)(ii) had been fully satisfied.

66 Application of income limit.

66. (1) In the case of a claim for deserted wife's benefit made on or after the 31st day of 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 £10,000 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 ) in the case of a woman who satisfies the contribution conditions set out in section 111(1) 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 K, deserted wife's benefit shall be payable at the weekly rate shown opposite to that amount in column (2) of the said Schedule,

( b ) in the case of a woman who qualifies for deserted wife's benefit by virtue of article 64 and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in the column (1) of Schedule L, deserted wife's benefit shall be payable at the weekly rate shown opposite to that amount in column (2) or (3) as appropriate, of the said Schedule,

( c ) in the case of a woman who qualifies for deserted wife's benefit by virtue of article 65 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 M, 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 113 shall be the same as if the conditions set out in section 111(1) had been fully satisfied.

67 Calculation of yearly average.

67. In calculating the yearly average for the purposes of deserted wife's benefit (other than benefit under article 65), 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.

PART III SOCIAL ASSISTANCE PAYMENTS

CHAPTER 1 *Unemployment Assistance*

68 Interpretation.

68. In this Chapter "continuous period of unemployment" shall be construed in accordance with section 120(3).

69 Day of unemployment.

69. For the purposes of Chapter 2 of Part III, 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 70, and

( b ) does not work for wages or other remuneration, whether paid in money or otherwise.

70 Prescribed manner for proving unemployment.

70. A person shall prove unemployment for the purposes of section 120(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 has been continuously unemployed since the date of his application for unemployment assistance, or

( b ) he has been unemployed or expects to be unemployed during each day in respect of which unemployment assistance is claimed.

71 Disregarding of means.

71. In the case of a person who—

( a ) has attained the age of 55 years but has not attained pensionable age,

( b ) has been in receipt of unemployment assistance, unemployment benefit or unemployment assistance and unemployment benefit for not less than 390 days in any continuous period of unemployment in the immediately preceding period, and

( c ) is in receipt of unemployment assistance at a rate less than the scheduled rate,

unemployment assistance may be payable—

• (i) where his weekly means do not exceed £2, at the scheduled rate, and

• (ii) where his weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which his weekly means exceed £2, any fraction of £2 in those means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this sub-paragraph at which, but for this proviso, the unemployment assistance would be payable is—

• (A) equal to or greater than 10p but less than £1, the assistance shall be payable at the weekly rate of £1, and

• (B) less than 10p, the assistance shall not be payable.

72 Night workers.

72. 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 III, 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 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 shall be regarded as being employed only on the second day, and that day shall not be treated as a day of unemployment.

73 Persons deemed to be available for employment.

73. (1) Where by virtue of the provisions of article 72 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 III, be deemed to be available for employment, throughout that other of those 2 days.

• (2) In the case of a person who is participating in an activity where, in the continuous period of unemployment in which he commences such activity, he has been in receipt of unemployment assistance, unemployment benefit or unemployment assistance and unemployment benefit for a period of not less than 390 days, or in the case of a person to whom paragraph (b) of the definition of "activity" contained in sub-article (4) applies, 312 days, he shall be deemed to be available for employment on any day on which he is participating in an activity:

Provided that he has given prior notification to the Minister of his intention to participate in that activity.

• (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 for the purposes of the provision of such training) he shall be deemed to be available for employment on any day on which he is undergoing such training.

• (4) In this article "activity" means participation by a person—

( a ) aged 21 years or over in a course of education approved by the Minister as being at second level or aged 23 years or over in a course of education approved by the Minister as being at third level, at a centre approved by the Minister in consultation with the Minister for Education leading to a certificate recognised by the Minister for Education,

( b ) in a course of education, training or development approved by a company, known as an Area Partnership, in consultation with the Minister, or

( c ) aged 21 years or over in such other course of education as the Minister may from time to time approve.

74 Exemption from disqualification.

74. A person shall not be disqualified for receiving unemployment assistance while attending a course of study within the meaning of section 126 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 73(4).

CHAPTER 2 *Pre-Retirement Allowance*

75 Specified age.

75. The age specified for the purposes of section 127(1)(a) shall be 55 years.

76 Period of retirement.

76. For the purposes of Chapter 3 of Part III, 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 *Deserted Wife's Allowance*

77 Definition of desertion.

77. A woman is to be regarded for the purposes of section 153 as having been deserted by her husband if—

( a ) her husband has of his own volition left her, or his conduct has resulted in her leaving him with just cause,

( b ) she—

• (i) is not being maintained by her husband, or

• (ii) is being maintained by her husband, but at a rate per week which is less than the rate of deserted wife's allowance shown opposite reference 4 in column (2) of Part I of the Fourth Schedule to the Principal Act,

( c ) she and her husband have lived apart from one another for a continuous period of at least 3 months immediately preceding the date of her claim for deserted wife's allowance and continue to so live apart, and

( d ) she makes and continues to make appropriate efforts, in the particular circumstances, to obtain maintenance from her husband.

CHAPTER 4 *Prisoner's Wife's Allowance*

78 Definition of prisoner.

78. (1) A man who is in a prison or place of detention shall be regarded as a prisoner for the purposes of Chapter 8 of Part III if he 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.

CHAPTER 5 *Lone Parent's Allowance*

79 Circumstances in which person to be regarded as being a separated spouse.

79. (1) A person is to be regarded for the purposes of Chapter 9 of Part III as being a separated spouse if—

( a ) she and their children—

• (i) are not being maintained by her spouse, or

• (ii) are being maintained by her spouse, but at a rate per week which is less than the rate of lone parent's allowance as set out at reference 5 in Part I of the Fourth Schedule to the Principal Act appropriate to her family size,

( b ) she and her spouse have lived apart from one another for a continuous period of at least 3 months immediately preceding the date of her claim for lone parent's allowance and continue to so live apart, and

( c ) she makes and continues to make appropriate efforts, in the particular circumstances, to obtain maintenance from her spouse for herself and their children.

• (2) In this article—

"spouse"—

( a ) in relation to a woman who has been married more than once refers to her last husband only, and

( b ) in relation to a man who has been married more than once refers to his last wife only.

80 Circumstances in which person to be regarded as being an unmarried person.

80. (1) A person is to be regarded for the purposes of Chapter 9 of Part III as being an unmarried person if, not being a married person, she is the parent of a qualified child.

• (2) For the purposes of this article a "parent" shall include, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1991, or under such other form of adoption as the Minister considers appropriate in the circumstances, the adopter.

81 Circumstances in which person to be regarded as being a prisoner's spouse.

81. (1) A person is to be regarded for the purposes of Chapter 9 of Part III as being a prisoner's spouse if 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.

82 Residence of qualified child.

82. (1) Subject to sub-article (2), a qualified child shall, for the purposes of Chapter 9 of Part III, be regarded as normally residing with a lone parent where—

( a ) he is resident with that lone parent, and

( b ) that lone parent has the main care and charge of him.

• (2) A qualified child who is resident in an institution shall be regarded as normally residing with a lone 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 a lone 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 23 and 24 of the Social Welfare (Social Assistance) Regulations, 1993 ( S.I. No. 364 of 1993 ) apply.

83 Continuity.

83. (1) Where, immediately before the commencement of Part III of the Act of 1990, a person was in receipt of a specified payment, a lone parent's allowance shall be payable to that person from the day so appointed at the same rate as the specified payment which was payable to her immediately before the day so appointed.

• (2) Any decision made by a deciding officer or by an appeals officer in relation to the award of a specified payment to a person prior to the commencement of Part III of the Act of 1990 shall be treated as if it were a decision to award a lone parent's allowance to such person on and from such appointed day.

• (3) Where, immediately before the commencement of Part III of the Act of 1990, a person had applied for, but had not been awarded, a specified payment, such application shall from the day so appointed be treated for all purposes as if it were an application for a lone parent's allowance.

• (4) In this article—

"specified payment" means—

( a ) widow's (non-contributory) pension which included an increase for a qualified child,

( b ) deserted wife's allowance which included an increase for a qualified child,

( c ) prisoner's wife's allowance which included an increase for a qualified child,

( d ) social assistance allowance,

( e ) widower's (non-contributory) pension, or

( f ) deserted husband's allowance;

"commencement of Part III of the Act of 1990" means—

( a ) the 29th day of November, 1990 in the case of deserted wife's allowance, prisoner's wife's allowance, social assistance allowance, deserted husband's allowance and lone parent's allowance, other than lone parent's allowance payable in respect of a widow or widower, and

( b ) the 30th day of November, 1990 in the case of widow's (non-contributory) pension, widower's (non-contributory) pension and lone parent's allowance payable in respect of a widow or widower.

CHAPTER 6 *Carer's Allowance*

84 Interpretation.

84. In this Chapter—

"carer" means a carer as defined in section 163;

"relevant pensioner" has the meaning assigned to it by section 163;

"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 a health board.

85 Conditions to be satisfied by carer.

85. The conditions prescribed for the purposes of section 164 are that the carer, being resident in the State—

( a ) is not engaged in employment or self-employment outside her home,

( b ) has attained the age of 18 years, and

( c ) is not residing in an institution.

86 Circumstances in which carer is to be regarded as providing full-time care and attention.

86. A carer may, for the purposes of Chapter 10 of Part III and this Chapter, continue to be regarded as providing full-time care and attention to a relevant pensioner where she would qualify for payment of an allowance but for the fact that either she or the relevant pensioner is undergoing medical or other treatment of a temporary nature in an institution for a period of not longer than 13 weeks.

CHAPTER 7 *Miscellaneous Provisions for Assessment of Means*

87 Yearly value of property — unemployment assistance and pre-retirement allowance.

87. (1) The yearly value of any property mentioned in Rule 1(1) of Part I of the Third Schedule to the Principal Act shall be ascertained as follows—

( a ) the yearly value of the first £400 of the capital value of the property shall be taken to be one-twentieth part of the capital value, and

( b ) the yearly value of so much of the capital value of the property as exceeds £400 shall be taken to be one-tenth part of the capital value.

• (2) The yearly value of any advantage mentioned in Rule 1(3) of Part I of the Third Schedule to the Principal Act shall be ascertained by deducting expenses necessarily incurred from the gross income.

• (3) The yearly value of any property mentioned in Rule 1 (4) of Part I of the Third Schedule to the Principal Act shall be ascertained as follows—

( a ) where the property is of the same nature as the property mentioned in Rule 1(1) of Part I of the Third Schedule to the Principal Act, the yearly value shall be ascertained in the manner prescribed in sub-article (1), and

( b ) where the property is of the same nature as the property mentioned in Rule 1(3) of Part I of the Third Schedule to the Principal Act, the yearly value shall be ascertained in the manner prescribed in sub-article (2).

88 Prescribed activity — exemption of income.

88. For the purposes of paragraph (2)(p) of Rule I of Part I of the Third Schedule to the Principal Act—

( a ) the harvesting of seaweed shall be a prescribed activity, and

( b ) the prescribed income arising from the said activity shall be £1,000 per year.

89 Earnings disregards — lone parent's allowance, carer's allowance and unemployment assistance.

89. (1) The amount prescribed for the purposes of paragraph (4)(jj) of Rule 1 of Part II of the Third Schedule to the Principal Act shall be £24 per week.

• (2) The amount prescribed for the purposes of paragraph (1A) of Rule 4 of Part II of the Third Schedule to the Principal Act shall be £100 per week.

• (3) For each week in respect of which a person earns moneys in respect of current personal employment under a contract of service, the amount prescribed for the purposes of paragraph (2) (m) of Rule 1 of Part I of the Third Schedule to the Principal Act shall be:

one sixth of the weekly rate appropriate to the case plus £15 in respect of each day in that week (excluding Sunday) in which such moneys are so earned by him and in the case of moneys so earned by him on a Sunday, £15.

• (4) For the purposes of sub-article (3), the "weekly rate appropriate to the case" means the rate of unemployment assistance, calculated in accordance with the provisions of Chapter 2 of Part III, which the person would otherwise have received if he did not have income from current personal employment under a contract of service.

90 Disregard of proceeds from sale of principal residence.

90. (1) The disregard in the calculation of means provided for in Rule 2 of Part II of the Third Schedule to the Principal Act shall only apply where—

( a ) the claimant or beneficiary disposes of his principal residence for the purposes of—

• (i) purchasing alternative accommodation which is or will be occupied by him as his only or main residence,

• (ii) funding the renting of alternative accommodation which is or will be occupied by him as his only or main residence, or

• (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),

( b ) (i) the sale of the principal residence of the claimant or beneficiary takes place on or after the 2nd day of December, 1993, and

• (ii) the claimant or beneficiary has attained pensionable age at the date of sale, 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 principal residence or land which he has for his 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 II of the Third Schedule to the Principal Act shall be £75,000.

PART IV CHILD BENEFIT

91 Normal residence.

91. For the purposes of Part IV, the person with whom a qualified child shall be regarded as normally residing shall be determined in accordance with the following Rules:

mother,

step-mother,

father,

step-father,

shall be regarded as normally residing with the person first so mentioned and with no other person.

92 Full-time education.

92. (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.

93 Children regarded as continuing to receive full-time education.

93. (1) For the purposes of article 92(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 the 1st day of May and the 30th day of June in an academic year, up to and including the 30th day of the next following 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 attendance at a course of full-time instruction at an institution of education.

PART V FAMILY INCOME SUPPLEMENT

94 Interpretation.

94. In this Part—

"earnings from employment" means emoluments other than non-pecuniary emoluments, to which Chapter IV of Part V of the Income Tax Act, 1967 (No. 6 of 1967) 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.

95 Manner of calculation or estimation of weekly family income.

95. (1) Subject to this Part, weekly family income within the meaning of section 197 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 be appropriate to determine the amount of weekly family income, he may, for the purposes of this article have regard to such other period which appears to him to be appropriate for that purpose.

96 Sums etc. disregarded in determining weekly family income.

96. In calculating or estimating weekly family income the following items shall be disregarded—

( a ) any sums received by way of death benefit by way of orphan's pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, carer's allowance, supplementary welfare allowance, child benefit or family income supplement,

( b ) any sums received by way of allowance for domiciliary care of handicapped children under the Health Act, 1970 (No. 1 of 1970),

( c ) any sums received by way an 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 a health board 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 the Gaeltacht 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 a health board as a home help.

97 Persons regarded as being in remunerative full-time employment.

97. (1) For the purposes of this Part a person shall, subject to sub-article (2), be regarded as being engaged in remunerative full-time employment as an employee where—

( a ) he is engaged in remunerative employment (other than employment under a scheme administered by An Foras Áiseanna Saothair and known as Community Employment) which is expected to continue for a period of a minimum of 6 months and he is so engaged for not less than 20 hours a week, or he together with his spouse are engaged in such employment for an aggregate of not less than 20 hours a week, and

( b ) he is engaged in remunerative employment (other than employment under a scheme administered by an Foras Áiseanna Saothair and known as Community Employment) and he is so engaged for not less than 20 hours a week, or he together with his spouse are engaged in such employment for an aggregate of not less than 20 hours a week, in—

• (i) the week in which the claim for family income supplement is made,

• (ii) either of the 2 weeks immediately preceding the week in which the claim for family income supplement is made, or

• (iii) the week immediately following the week in which the claim for family income supplement is made.

• (2) A person who is engaged in employment on a job-sharing basis shall not be regarded as being engaged in remunerative full-time employment as an employee, but account may be taken of the number of hours worked by that person in determining the aggregate number of hours worked by that person's spouse.

98 Minimum payment of family income supplement.

98. The amount prescribed for the purposes of section 199(2) shall be £5.

PART VI MISCELLANEOUS PROVISIONS

Preliminary

99 Interpretation.

99. In Chapters 1 and 2 of this Part, save where the context otherwise requires—

"beneficiary" means a person who is entitled to benefit;

"benefit" means—

( a ) any benefit payable under Part II (other than occupational injuries benefits under Chapter 10 and treatment benefit under Chapter 20 of the said Part),

( b ) any assistance payable under Part III (other than supplementary welfare allowance under Chapter 11 of the said Part),

( c ) child benefit under Part IV, and

( d ) family income supplement under Part V;

"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*

100 Claims.

100. (1) Every claim for benefit (including any increase thereof) 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 death 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 197, comprises a person and his spouse both such persons shall join in any claim for family income supplement as respects that family.

• (4) A claimant may withdraw his claim for family income supplement at anytime before a decision has been made on it 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.

101 Information to be given when making claim.

101. (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 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 employment,

( b ) the total amount of gross earnings derived by the employee from his 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 shall, on being so required by an officer of the Minister, furnish to the Minister the following information relating to that woman—

( a ) whether she is, immediately before the first day of maternity leave, an employed contributor,

( b ) the date of commencement and, where the employment has ceased, the date of cessation of employment with that employer,

( c ) the nature of her employment,

( d ) the amount of gross earnings derived by the woman from her employment with the employer in respect of any period,

( e ) whether she may resume employment immediately after the end of the maternity leave period, and

( f ) any other relevant information that may be required for the purposes of determining her claim for maternity benefit.

102 Prescribed time for making claim.

102. The prescribed time for making a claim shall be—

( a ) in the case of old age (contributory) pension, retirement pension 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 unemployment benefit, unemployment assistance, pre-retirement allowance, old age (non-contributory) pension, blind pension and carer's allowance, the day in respect of which the claim is made,

( c ) in the case of survivor's pension, orphan's (contributory) allowance, deserted wife's benefit, widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance and lone parent's allowance, 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 disability 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 maternity benefit, the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto, and

• (f) in the case of death grant, the period of 3 months from the date of death of the deceased.

103 Provisional allowance of claim.

103. (1) In the case of old age (non-contributory) pension, where it appears to any person that although for the time being he is not entitled to the said pension, he will nevertheless become entitled to a pension at a future date, he 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 may allow the claim provisionally so as to take effect on any future date not later than 3 months from the date of his decision.

104 Claims made outside prescribed time (disqualifications).

104. Subject to articles 105 and 107, where a person fails to make a claim for benefit (other than child benefit or family income supplement) within the prescribed time, he shall be disqualified for receiving payment—

( a ) in the case of old age (contributory) pension, retirement pension, invalidity pension, survivor's pension and orphan's (contributory) allowance, in respect of any period more than 6 months before the date on which the claim is made,

( b ) in the case of unemployment benefit, deserted wife's benefit, death grant, unemployment assistance, pre-retirement allowance, old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance and carer's allowance, in respect of any period before the date on which the claim is made,

( c ) in the case of disability benefit, in respect of any period more than 7 days before the date on which the claim is made, and

( d ) in the case of maternity benefit—

• (i) where the claim is made before the end of the week of confinement, payment in respect of any period before the beginning of the week in which the claim is made,

• (ii) where the claim is made after the end of the week of confinement, payment in respect of any period before the beginning of the 7th week before the week in which the claim is made not being earlier than the commencement of the week of confinement.

105 Extension of time for making claim.

105. Other than in the case of child benefit or family income supplement, where a claimant proves to the satisfaction of a deciding officer or an appeals officer that—

( a ) on a date earlier than the date on which his claim for benefit (including any increase thereof) was made, apart from satisfying the condition of making a claim, he was entitled thereto, and

( b ) throughout the period between the earlier date and the date on which his claim was made there was good cause for the delay in making such a claim, he shall not be disqualified for receiving payment of the amount to which he would have been entitled if the claim had been made on the earlier date:

Provided that no sum shall be paid to a claimant on account of benefit in respect of any period more than 6 months before the date on which the claim (including any increase thereof) therefor is made.

106 Provision of information.

106. (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.

107 Prescribed time for furnishing information.

107. (1) The prescribed period for the furnishing of information and production of documents required by a social welfare inspector under the provisions of section 212 (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 213(10) shall be—

( a ) in the case of old age (non-contributory) pension 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 place of residence he shall notify the Minister in writing thereof within 21 days after such change of residence.

• (4) A claimant for disability benefit who fails or neglects for a period exceeding 6 months to submit or to continue to submit medical or other satisfactory evidence of the incapacity, shall be disqualified for receiving benefit in respect of any such period.

• (5) Where the Minister is satisfied that there was good cause for the delay in submitting or continuing to submit evidence of the incapacity, he may extend the period of 6 months to the date on which the evidence is submitted.

CHAPTER 2 *Payments*

108 Manner of payment.

108. (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 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 local office or at a post office, and

( 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.

109 Commencement of awards — child benefit and family income supplement.

109. (1) 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 3 months commencing on the 1st day of that month,

( b ) in a case where a qualified person fails to make a claim within the time prescribed in paragraph (a) and a deciding officer or appeals officer is satisfied that there was good cause for the delay in making the claim, on the 1st day of the month following that in which the claimant became a qualified person,

( c ) 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,

( d ) in any other case, on the 1st day of the month following that in which the claim is made.

• (2) Subject to articles 110(4)(a) and 110(4)(c), in the case of family income supplement, payment of the supplement shall be made with effect from the date on which the claim is received by the Minister or from the date on which the claimant becomes entitled to family income supplement, whichever is the later.

110 Time of payment.

110. (1) Subject to sub-article (5), benefit shall be paid—

( a ) in the case of unemployment benefit, disability benefit and unemployment assistance on such days and at such intervals as the Minister may determine in any particular class of case,

( b ) in the case of retirement pension, invalidity pension, deserted wife's benefit, pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance (other than a lone parent's allowance 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 old age (contributory) pension, survivor's pension, orphan's (contributory) allowance, old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, orphan's (non-contributory) pension and lone parent's allowance 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, and

( e ) in the case of family income supplement, weekly in advance on the Thursday of each week.

• (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) 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.

111 Taking effect of revision on account of change in circumstances.

111. 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 248 or 262 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) as 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 3 months commencing on the 1st day of that month,

• (ii) in any other case, as 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) as 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, as from the 1st day of such month as a deciding officer or appeals officer may determine having regard to the change of circumstances.

112 Payable orders.

112. (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 thinks fit.

113 Extinguishment of right to payment.

113. Where benefit (other than child benefit) has been duly awarded to a claimant or beneficiary and is being paid to that person, the right to any sum payable by way of such benefit shall be extinguished where payment thereof is not obtained within 6 months.

114 Nominated persons.

114. (1) A claimant or beneficiary may nominate another person to receive payment of benefit on his 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, 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 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, if any.

115 Persons unable to act.

115. (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 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, to the person appointed under sub-article (1) to act on his behalf.

116 Payment to appointed persons — generally.

116. (1) The Minister may, where it appears to him 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 ) disability benefit, by virtue of sections 34(1) and 34(2),

( b ) unemployment benefit, by virtue of sections 45(1) and 45(2),

( c ) old age (contributory) pension, by virtue of sections 87(1) and 87(2),

( d ) retirement pension, by virtue of sections 91(1) and 91(2),

( e ) invalidity pension, by virtue of sections 99(1) and 99(2),

( f ) survivor's pension, by virtue of section 104(1),

( g ) deserted wife's benefit, by virtue of section 113(1),

( h ) in respect of unemployment assistance—

• (i) where the weekly rate payable is a scheduled rate, so much of the assistance as is payable by virtue of sections 121(1)(b)(i) and 121(1)(b)(ii);

• (ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the assistance as is payable by virtue of sections 121(1)(b)(i) and 121(1)(b)(ii), reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate,

( i ) in respect of old age (non-contributory) pension or blind pension, so much of the pension as is payable in respect of a qualified child together with any increase for a spouse,

Provided that, 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 ) 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 paragraphs (a) and (b) of section 128(1);

• (ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the assistance as is payable by virtue of paragraphs (a) and (b) of section 128(1) reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate, and

( k ) in respect of lone parent's allowance, so much of that allowance as is payable to the claimant or beneficiary in respect of a qualified child by virtue of section 159(1).

• (2) The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with family income supplement, on behalf of a claimant or beneficiary.

117 Payment to appointed person living together with applicant.

117. Notwithstanding the provisions of article 116, in the case of a claimant or beneficiary who is living together with a person in respect of whom he is entitled to or in receipt of an increase of benefit, for an adult dependant, the Minister may, where the circumstances so warrant, appoint the adult dependant to receive and deal with on behalf of the claimant or beneficiary—

( a ) in respect of disability benefit, so much of the benefit as is payable by virtue of section 34(2), together with one-half of the benefit as is payable by virtue of sections 33 and 34(1),

( b ) in respect of unemployment benefit, so much of the benefit as is payable by virtue of section 45(2), together with one-half of the benefit as is payable by virtue of sections 44 and 45(1),

( c ) in respect of old age (contributory) pension, so much of the pension as is payable by virtue of section 87(2), together with one-half of the pension as is payable by virtue of sections 86 and 87(1),

( d ) in respect of retirement pension, so much of the pension as is payable by virtue of section 91(2), together with one-half of the pension as is payable by virtue of sections 90 and 91(1),

( e ) in respect of invalidity pension, so much of the pension as is payable by virtue of section 99(2) together with one-half of the pension as is payable by virtue of sections 98 and 99(1),

( f ) in respect of unemployment assistance—

• (i) where the weekly rate payable is a scheduled rate, so much of the assistance as is payable under section 121(1)(b)(ii) together with one-half of the aggregate sum of the appropriate rate of unemployment assistance as set out in column (2) of Part 1 of the Fourth Schedule to the Principal Act and the increase in assistance payable by virtue of section 121(1)(b)(i),

• (ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the assistance as is payable by virtue of section 121(1)(b)(ii), together with one-half of the aggregate of—

• (A) the appropriate rate of unemployment assistance as set out in column (2) of Part 1 of the Fourth Schedule to the Principal Act, and

• (B) the increase in assistance payable by virtue of section 121(1)(b)(i),

reduced in proportion that the weekly rate actually payable bears to the applicable scheduled rate;

( g ) in respect of old age (non-contributory) pension or blind pension—