S.I. No. 83/2000 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Disregard From Spouse's Earnings) Regulations, 2000

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by section 4 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rule 1(2) (a) (as amended by section 26 of the Social Welfare Act, 1997 (No. 10 of 1997)) of Part I and Rule 1(5) of Part IV (inserted by section 16 of the Social Welfare Act, 1999 (No. 3 of 1999) of the Third Schedule to the said Act hereby makes the following Regulations:

Citation and construction.

1.

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

Commencement.

2.

• (a) in so far as it relates to unemployment assistance and farm assist on 29 March, 2000,

• (b) in so far as it relates to pre-retirement allowance on 6 April, 2000, and

• (c) in so far as it relates to disability allowance on 5 April, 2000.

Definitions.

3.

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

"the Principal Act" means the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993).

Means assessment — disregard from spouse's earnings.

4.

• (a) The substitution for sub-article 90A (2) (as amended by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Miscellaneous) Regulations, 1998 ( S.I. No. 187 of 1998 )) of the following sub-article:

• "(2) The amount prescribed for the purposes of Rule 1 (2) (a) of Part I of the Third Schedule to the Principal Act for each week in respect of which the spouse of the claimant or beneficiary is engaged in insurable employment shall be—

• (a) the first £30 of weekly earnings together with any travel expenses necessarily incurred, where the said employment is in respect of 3 days or less in the week, and

• (b) the first £70 of weekly earnings where the said employment is in excess of 3 days in the week.", and

• (b) the substitution in article 89F (4) (as inserted by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance, Pre-Retirement Allowance and Farm Assist) Regulations, 1999 ( S.I. No. 324 of 1999 )) for paragraphs (g), (h) and (i) of the following paragraphs:

• "(g) the first £30, or £120 where the employment is outside the State or Northern Ireland, of weekly earnings together with any travel expenses necessarily incurred, where the said employment is in respect of 3 days or less in the week,

• (h) the first £70, or £120 where the employment is outside the State or Northern Ireland, of weekly earnings where the said employment is in excess of 3 days in the week,".

EXPLANATORY NOTE.

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

These Regulations provide for an increase from £45 to £70 per week in the disregard applicable to the earnings from insurable employment of the spouse of a claimant or beneficiary of Disability Allowance, Unemployment Assistance, Pre-Retirement Allowance and Farm Assist. This applies in cases where the spouse is in employment which exceeds three days per week.