S.I. No. 187/1998 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Miscellaneous) Regulations, 1998

S.I. No. 187 of 1998.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 8) (MISCELLANEOUS) REGULATIONS, 1998.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 10 (3) of the Social Welfare Act, 1998 (No. 6 of 1998)), 206 and 240 (as amended by section 42 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rule 1 (6A) (inserted by section 10 (1) of the Social Welfare Act, 1998 ) of Part I of the Third Schedule to the said Act, hereby makes the following Regulations:

1 Citation and construction

1.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Miscellaneous) Regulations, 1998.

• (2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998.

2 Definition

2.

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

3 Revocation

3.

3. The Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations, 1996 ( S.I. No. 96 of 1996 ) are hereby revoked.

4 Means and payments provisions

4.

4. The Principal Regulations are hereby amended by—

• (a) the substitution for article 89A (amended by article 4 (b) of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance) Regulations, 1996 ( S.I. No. 375 of 1996 )) of the following article:

"89A. (1) For the purposes of Rule 1(6) and Rule 1(6A) of Part I of the Third Schedule to the Principal Act, the value of any moneys derived by a person or his or her spouse, from insurable employment of a seasonal nature, shall be the average weekly earnings from such employment, calculated in accordance with article 89 (3) and (4), which that person may reasonably expect to receive during the period of such seasonable employment.

• (2) For the purposes of sub-article (1), in the absence of any other means of ascertaining it, the average weekly earnings may be determined by reference to the earnings actually received from insurable employment of a seasonal nature in the preceding year.",

• (b) the insertion after article 113 of the following article:

" Payments no longer due.

113A. (1) A claimant or beneficiary who receives child benefit, in any manner of payment specified in article 108 (2), shall, in accordance with article 106 (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 received, having no longer been due.", and

• (c) the substitution in article 136 (inserted by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (Household Budgeting) Regulations, 1997 ( S.I. No. 156 of 1997 )) for the definitions of "assistance" and "benefit" of the following definitions—

" 'assistance' means unemployment assistance under Chapter 2 of Part III, one-parent family payment under Chapter 9 of Part III or disability allowance under Chapter 12 of Part III;

'benefit' means unemployment benefit under Chapter 9 of Part II, invalidity pension under Chapter 15 of Part II, widow's (contributory) pension or widower's (contributory) pension under Chapter 16 of Part II or a relevant payment in accordance with section 18 (1) (a) of the Social Welfare Act, 1996 ;".

5 Amendment of references

5.

5. Each provision of the Principal Regulations mentioned in column (1) of Schedule A to this Regulation is amended in the manner specified in column (2) of the Schedule opposite the mention of that provision in column (1).

SCHEDULE A

Article 5

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 21st day of May, 1998.

DERMOT AHERN,

Minister for Social, Community and Family Affairs.

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

GIVEN under the Official Seal of the Minister for Finance, this 23rd day of May, 1998.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations prescribe the method of assessing the weekly earnings of a person and his or her spouse, derived from insurable employment of a seasonal nature, for Unemployment Assistance purposes.

The Regulations also provide that Child Benefit recipients are liable to return any payments not due as a result of a change in their circumstances.

These Regulations further provide for the extension of the Household Budgeting facility to recipients of Disability Allowance, Invalidity Pension and Widow's and Widower's (Contributory) Pension.