Social Welfare Consolidation Act 2005

(c) the means of the person as calculated in accordance with the Rules contained inPart 5ofSchedule 3do not exceed the appropriate highest amount of means at which pension may be paid to that person in accordance withsection 161B, and

(d) the person is habitually resident in the StateF964[…].]

161B. F965[Rate of pension.

161B.—F966[(1) The rate (in this Chapter referred to as‘the scheduled rate’) of blind pension shall be the weekly rate set out incolumn (2)atreference 5inPart 1ofSchedule 4increased by the appropriate amount set out—

(a) incolumn (4)ofPart 1ofF967[Schedule 4]in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, and

(b) incolumn (5)ofPart 1ofF967[Schedule 4]in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary.]

(2) (a) The pension shall be payable where the weekly means of the claimant or beneficiary—

(i) do not exceed€7.60, at the scheduled rate, and

(ii) subject toparagraph (b), exceed€7.60 at the scheduled rate reduced by€2.50 for each amount (if any) of€2.50 by which those weekly means exceed€7.60, any fraction of€2.50 in those weekly means being treated for this purpose as€2.50.

(b) Where the rate calculated underparagraph (a)(ii)at which, but for this paragraph, the pension would be payable is less than€2.50, the pension shall not be payable.]

161C. F968[Increases including increases for one of a couple.

161C.—(1) Subject tosubsection (2), the weekly rate of blind pension payable in accordance withsection 161Bshall be increased—

(a) by the amount calculated in accordance withPart 3ofSchedule 4where the beneficiary is living with, or is wholly or mainly maintaining, his or her spouseF969[, civil partner or cohabitant], where that spouseF969[, civil partner or cohabitant]has not attained pensionable age, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person,

(b) by the amount set out incolumn (6)ofPart 1ofSchedule 4where the beneficiary is living alone, and

(c) by the amount set out incolumn (8)ofPart 1ofSchedule 4where the beneficiary is ordinarily resident on an island.

(2) An increase undersubsection (1)(a)shall not be payable where the spouseF969[, civil partner or cohabitant]is—

(a) in receipt of any benefit, pension, assistance or allowance underPart 2or this Part, or

(b) entitled to or in receipt of an allowance in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, or

(c) entitled to or in receipt of an allowance in respect of participation in a scheme administered by the Minister and known as—

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-Time Job Incentive.]

161D. F970[Amount of increases payable in respect of a qualified child normally residing with beneficiary.

161D.—The increase payable undersection 161B(1)in respect of a qualified child who normally resides with the beneficiary and the spouseF971[, civil partner or cohabitant]of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouseF971[, civil partner or cohabitant]of the beneficiary is entitled to any benefit, assistance, allowance (other than supplementary welfare allowance) or any other pension under this Act.]

161E. F972[ Disqualifications.

161E.—(1) Subject tosubsections (2)and(3), a person in receipt of or entitled toF973[bereaved partner’s (contributory) pension]or a person in respect of whom an increase ofF974[State pension (contributory)]is payable by virtue ofsection 112(1)shall be disqualified for receipt of blind pension.

(2) Notwithstandingsubsection (1), a person may be paid blind pension for any period during which the rate of pension payable would be greater than the rate ofF975[bereaved partner’s (contributory) pension]or an increase ofF974[State pension (contributory)]in respect of a qualified adult, as the case may be, payable.

(3) Notwithstandingsubsection (1), in any case where blind pension is so paid, entitlement toF976[bereaved partner’s (contributory) pension]or an increase ofF974[State pension (contributory)]in respect of a qualified adult, as the case may be, shall continue but the amount of any such pension or increase payable during any such period shall not be paid to or in respect of the person.

(4) A blind person in respect of whom a pension is payable under this Chapter shall not be a qualified child for the purposes of this Act.]

F977[Chapter

161F. F978[Interpretation.

161F.—...]

161G. F979[Entitlement to payment.

161G.—...]

161H. F981[Rate of blind welfare allowance.

161H.—...]

161I. F982[Increases for a qualified child.

161I.—...]

161J. F983[Calculation of means—couples.

161J.—...]

161K. F984[Payment while in an institution.

161K.—...]

161L. F985[Disqualification.

161L.—...]

Chapter 6

162. Interpretation. [1993 s142(1)]

162.—F986[(1) In this Chapter, save where the context otherwise requires—

‘bereaved partner’ has the meaning given to it insection 123;

‘civil partner’ has the meaning given to it insection 123;

‘deceased partner’ has the meaning given to it insection 123;

‘pension’ means a bereaved partner’s (non-contributory) pension;]

[2000 s17(2) & Sch E; 2005 (SW&P) s25 & Sch 3]

F986[‘weekly means’ shall, subject toRule 1(1)ofPart 5ofSchedule 3, be the yearly means divided by 52;

‘widow’ has the meaning given to it insection 123;

‘widower’ has the meaning given to it in section 123.]

[1993 s142(2); 2005 (SW&P) s25 & Sch 3]

(2) For the purposes of this Chapter—

(a) means shall be calculated in accordance with the Rules contained in F987[Part 5] of Schedule 3, F988[…]

F989[(aa) a bereaved partner who—

(i) has married or remarried,

(ii) has entered into a civil partnership or entered into a new civil partnership, or

(iii) becomes a qualified cohabitant or again becomes a qualified cohabitant,

shall not be regarded as the bereaved partner of his or her former spouse, civil partner or qualified cohabitant, as the case may be.]

(b) F990[…]

F991[(c)F990[…]]

163. Entitlement to pension. [1993 s143(1); 1997 s19]

F992[163.—(1) Subject to this Act, a pension shall be payable to a bereaved partner who has not attained pensionable age.]

[1993 s143(3); 1997 s19]

F992[(2) A pension shall cease as and from—

(a) the date of marriage or remarriage of the beneficiary,

(b) the date of entry by the beneficiary into a civil partnership or a new civil partnership, or

(c) the date on which the beneficiary becomes a qualified cohabitant or again becomes a qualified cohabitant.]

[2004 (MP) s17 & Sch 1]

F992[(3) A person shall not be entitled to a pension under this section unless he or she is habitually resident in the State.

(4) A person whose claim is based on being a surviving qualified cohabitant shall be entitled to a pension under this section on the death, on or after the passing of the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025, of his or her qualified cohabitant.]

164. Rate of pension. [1993 s144(1); 1997 s19]

164.—(1) The rate (in this Chapter referred to as “the scheduled rate”) of pension shall be the weekly rate set out in column (2) of Part 1 of Schedule 4.

[1993 s144(2); 2001 s37(1)]

(2) (a) A pension shall be payable—

(i) where the weekly means of the claimant or beneficiary do not exceed €7.60, at the scheduled rate, and

(ii) subject to paragraph (b), where the weekly means of the claimant or beneficiary exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.

(b) Where the rate calculated under paragraph (a)(ii) at which, but for this paragraph, the pension would be payable is less than €2.50, the pension shall not be payable.

165. Increases. [1993 s145; 2001 s15(1)(j)]

165.—F993[…]

166. F994[ Disqualification.] [1993 s146; 1997 s19]

F994[166.A bereaved partner shall be disqualified for receiving a pension if and so long as he or she is a cohabitant.]

167. Avoidance of double pension. [1993 s147; 1997 s19]

F995[167.Where a bereaved partner would, but for this section, be entitled to both a bereaved partner’s (contributory) pension and a pension under this Chapter, the latter pension shall not be payable except insofar as is provided by regulations undersection 247.]

167A. F996[Avoidance of double pensions in relation to surviving civil partner’s (contributory) pension.

167A.F997[…]]

168. Entitlement to orphan's (non-contributory) pension. [1993 s148(1)]

168.—(1) Subject to this Act, F998[a guardian’s payment (non-contributory)] shall be payable in respect of an orphan.

[1993 s148(2)]

(2) Not more than one F999[payment] shall be payable in respect of any one orphan.

[1993 s148(3)]

(3) A F999[payment] shall not be payable in respect of an orphan in respect of whom an increase under section 127(1) or 174(1) is claimable.

[2003 (MP) s9(1)(b)]

F1000[(4) Guardian’s payment (non-contributory) shall not be payable for any period during which a payment is made in respect of a child under Part VI of theChild Care Act 1991and regulations made thereunder.]

[2004 (MP) s17 & Sch 1]

(5) A person shall not be entitled to a F999[payment] under this section unless he or she is habitually resident in the State F1001[…].

169. Rate of pension. [1993 s149(1)]

169.—(1) The weekly rate (in this Chapter referred to as “the scheduled rate”) of F1002[guardian’s payment (non-contributory)] shall be the weekly rate set out in column (2) of Part 1 of Schedule 4.

[1993 s149(2); 2001 s37(1)]

(2) (a) F1003[A guardian’s payment (non-contributory)] shall be payable where—

(i) the weekly means of the F1004[orphan] do not exceed €7.60, at the scheduled rate, and

(ii) subject to paragraph (b), those weekly means exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.

(b) Where the rate calculated under paragraph (a)(ii) at which, but for this paragraph, the F1005[payment] would be payable is less than €2.50, the F1005[payment] shall not be payable.

170. Civil proceedings. [1993 s150; 1997 s20(3)]

170.—(1) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person a pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

[1997 s20(3)]

(2) In this section “pension” means a widow's (non-contributory) pension, a widower's (non-contributory) pension F1006[, a surviving civil partner’s (non-contributory) pension] or F1007[a guardian’s payment (non-contributory)], as the case may require.

171. Payment of pension. [1993 S151(1)]

171.—(1) Subject to this section, F1008[guardian’s payment (non-contributory)] shall be paid to the guardian of the orphan in respect of whom that F1009[payment] is payable.

[2005 (SW&P) s19(b)]

(2) In this Chapter “guardian” means the person in whose care the orphan normally resides.

[1993 s151(2); 2005 (SW&P) s19(b)]

(3) The Minister may, where he or she thinks fit, direct that a payment under this Chapter, payable to the guardian of an orphan, be paid to some other person for the benefit of the orphan or, subject to the conditions and in the circumstances that may be prescribed, directly to an orphan who has attained the age of 18 years where that orphan is not normally residing with a guardian.

Chapter 7

172. Interpretation. [1996 s17(1)]

172.—(1) In this Chapter—

F1010[‘qualified parent’means, subject to regulations undersection 177—

(a) a widow,

(b) a widower,

(c) a separated spouse,

(d) an unmarried person,F1011[…]

(e) a person whose spouseF1012[or civil partner]has been committed in custody to a prison or place of detention for not less thanF1013[6 months,]

F1014[(f) a surviving civil partner,

(g) a civil partner who is not living with the other civil partner of the civil partnership, or

(h) a person who is not a party to aF1013[civil partnership,]]

who is the parent, step-parent, adoptive parent or legal guardian of at least oneF1015[relevant child], who normally resides with that person;]

F1016[‘relevant age’means—

F1017[(a)16 years where—

(i) the person in respect of whom the claim for one-parent family payment is being made is qualified for—

(I) a blind pension underChapter 5ofPart 3, or

(II) a carer’s allowance underChapter 8ofPart 3, including a payment undersection 186A, or

(ii) a payment underChapter 8AofPart 3is being made in respect of a child,

and]

F1018[(b) in any other case—

(i) 12 years in respect of any claim for one-parent family payment relating to any day during the period beginning on 3 May 2012 and expiring on 3 July 2013,

(ii) 10 years in respect of any claim for one-parent family payment relating to any day during the period beginning on 4 July 2013 and expiring on 2 July 2014, and

(iii) 7 years in respect of any claim for one-parent family payment relating to any day occurring on or after 3 July 2014;]]

F1019[‘relevant child’means a person who—

(a) is ordinarily resident in the State,

(b) is not detained in a children detention school, and

F1020[(c) has not attained the relevant age;]

‘relevant date’means the date of death of—

(a) the spouse of the surviving spouse,

(b) the cohabitant of the surviving cohabitant, or

(c) the civil partner of the surviving civil partner;]

[2000 s17(2) & Sch E; 2005 (SW&P) s25 & Sch 3]

“weekly means” means, subject to Rule 1(1) and (4) of F1021[Part 5] of Schedule 3, the yearly means divided by 52.

[1996 s17(1); 2005 (SW&P) s25 & Sch 3]

(2) For the purposes of this Chapter—

(a) means shall be calculated in accordance with the Rules contained in F1021[Part 5] of Schedule 3,

F1022[(b) a widow who has remarried or entered into a civil partnership shall not be regarded as the widow of her former spouse and a widower who has remarried or entered into a civil partnership shall not be regarded as the widower of his former spouse,]

F1023[(ba) a surviving civil partner who has entered into a new civil partnership or who marries shall not be regarded as the surviving civil partner of his or her former civil partner, and]

[1996 s20(1)]

F1024[(c) a reference to a qualified parent shall include a reference to a person who would otherwise be a qualified parent but for the fact that—

(i) the person’s marriage has been dissolved, being a dissolution that is recognised as valid in the State, or

(ii) the person’s civil partnership has been dissolved, being a dissolution that is recognised as valid in the State.]

172A. F1025[Qualified child for purposes of one-parent family payment.

172A.—F1026[…]]

173. Entitlement to payment. [1996 s17(1)]

173.—F1027[(1) Subject to this Act and to regulations made under this Act, a payment (in this Act referred to as‘one-parent family payment’) shall be payable to any of the following persons who has not attained pensionable age:

(a) a qualified parent;

(b) a person to whomsection 173Aor173Bapplies;

(c) a person to whomsection 178A(6),178A(7)or178A(8)applies.]

[1996 s17(1)]

F1028[(2) A one-parent family payment payable to aF1029[person]shall, subject to this Act, continue to be payable unless theF1029[person]marries, remarries, enters into a civil partnership or enters into a new civil partnership, and in such a case the one-parent family payment shall cease as and from the date of marriage or remarriage or the date of entry into a civil partnership or new civil partnership, as the case may be.]

[1996 s17(1); 1999 s31(a)]

(3) F1030[…]

[1996 s17(1); 2001 s21(1)]

(4) F1030[…]

[1996 s17(1)]

(5) F1030[…]

F1031[(5A)F1030[…]

(5B)F1030[…]]

F1032[(5C)F1030[…]]

[2004 (MP) s17(1) & Sch 1]

(6) A one-parent family payment shall not be payable to a F1033[person] under this Chapter unless the F1033[person] is habitually resident in the State F1034[…].

173A. F1035[Entitlement to one-parent family payment where youngest child has attained relevant age.

173A.—(1) This section applies to—

(a) a surviving spouse where both spouses of a married couple are, on the relevant date, living together and one of them dies,

(b) a surviving cohabitant where both cohabitants are, on the relevant date, cohabiting and one of them dies, and

(c) a surviving civil partner where both civil partners of a civil partnership are, on the relevant date, living together and one of them dies,

and where the surviving spouse, surviving cohabitant or surviving civil partner is the parent, step-parent, adoptive parent or legal guardian of at least one child who normally resides with that surviving spouse, surviving cohabitant or surviving civil partner and the youngest child has, on the relevant date, attained the relevant age.

(2) Notwithstanding—

(a) that the youngest child has attained the relevant age, and

(b)section 178C,

one-parent family payment shall be payable to a surviving spouse, surviving cohabitant or surviving civil partner to whom this section applies for the shorter of—

(i) the period commencing on the relevant date and ending on the day that is 2 years after that date, or

(ii) the period commencing on the relevant date and ending on the date that the youngest child attains the age of 18 years.]

173B. F1036[Entitlement to one-parent family payment in certain circumstances.

173B.—(1) This section applies to—

(a) a surviving spouse where both spouses of a married couple are, on the relevant date, living together and one of them dies,

(b) a surviving cohabitant where both cohabitants are, on the relevant date, cohabiting and one of them dies, and

(c) a surviving civil partner where both civil partners are, on the relevant date, living together and one of them dies,

and where the surviving spouse, surviving cohabitant or surviving civil partner is the parent, step-parent, adoptive parent or legal guardian of at least one relevant child who normally resides with that surviving spouse, surviving cohabitant or surviving civil partner and the youngest relevant child is, on the relevant date, within 2 years of attaining the relevant age.

(2) Notwithstandingsection 178C, where one-parent family payment is payable to a qualified parent who is a surviving spouse, surviving cohabitant or surviving civil partner to whom this section applies, that payment shall continue to be payable for a period of 2 years commencing on the relevant date and if, during that period, the relevant child attains the relevant age, that payment shall continue to be paid for that period.]

174. Rate of allowance and increases for qualified children. [1996 s17(1)]

174.—F1037[(1) The rate (in this section referred to as‘the scheduled rate’) of one-parent family payment shall be the weekly rate set out incolumn (2)ofPart 1ofSchedule 4increased by the appropriate amount set out—

(a) incolumn (4)ofPart 1ofF1038[Schedule 4]in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(b) incolumn (5)ofPart 1ofF1038[Schedule 4]in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary.]

[1996 s17(1); 2001 s37(1)]

(2) (a) A one-parent family payment shall be payable—

(i) where the weekly means of the claimant or beneficiary do not exceed €7.60, at the scheduled rate, and

(ii) subject to paragraph (b), where the weekly means exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.

(b) Where the rate calculated under paragraph (a)(ii) at which, but for this paragraph, the one-parent family payment would be payable is less than €2.50, the payment shall not be payable.

[1996 s17(1)]

(3) F1039[…]

[2001 s15(1)(k)]

(4) F1039[…]

175. F1040[ Disqualification.] [1996 s17(1)]

F1040[175.—A person referred to insection 173(1)shall not, if and so long as that person is a cohabitant, be entitled to and shall be disqualified for receiving payment of one-parent family payment.]

176. F1041[Continuation of payment — amendment.] [1996 s17(1)]

F1041[176.—Where one-parent family payment is being paid to a person under this Chapter by virtue of that person’s spouse or civil partner having been committed in custody to a prison or place of detention for not less than 6 months, one-parent family payment shall continue to be paid for 4 weeks after the release of such spouse or civil partner from the prison or place of detention.]

177. F1042[Regulations.] [1996 s17(1)]

F1042[177.—The Minister shall make regulations in relation to one-parent family payment and the regulations may, in particular and without prejudice to the generality of the foregoing, specify the circumstances in which, for the purposes of this Chapter—

(a) a person is to be regarded as being a separated spouse,

(b) a civil partner is to be regarded as a civil partner who is not living with the other civil partner of the civil partnership,

(c) a person is to be regarded as being an unmarried person,

(d) a person is to be regarded as being a prisoner’s spouse or civil partner.]

178. Transitional provisions — relevant payments. [1996 s18]

178.—(1) In this section F1043[andsection 178A]—

“Act of 1993” means the Social Welfare (Consolidation) Act 1993;

“Act of 1996” means the Social Welfare Act 1996;

“relevant payment” means—

(a) deserted wife's benefit under Chapter 18 of Part II of the Act of 1993,

(b) deserted wife's allowance under Chapter 7 of Part III of the Act of 1993, or

(c) prisoner's wife's allowance under Chapter 8 of Part III of the Act of 1993,

as the case may require.

[1996 s18]

(2) Notwithstanding the provisions of Part V (relating to one-parent family payment) of the Act of 1996, a woman who, immediately before the commencement of section 19 of that Act, is in receipt of a relevant payment, the said relevant payment shall be payable for the duration of the woman's continuous entitlement to the relevant payment in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.

[1996 s18]

(3) Where, immediately before the commencement of section 19 (relating to repeals) of the Act of 1996, a woman whose claim for a relevant payment has not been finally determined, and who would, but for the commencement of the said section, have become entitled to the said relevant payment, the relevant payment shall be payable for the duration of the woman's continuous entitlement to the relevant payment in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.

[1996 s18; 1999 s23]

(4) Notwithstanding the provisions of Part V of the Act of 1996, where a woman has ceased or ceases to be entitled to benefit under Chapter 18 of Part II of the Act of 1993 by virtue of no longer having at least one qualified child residing with her, she shall, on reaching the age of 40 years, where but for the said Part V she would be entitled to the said benefit, again become and continue to be entitled to the said benefit, for the duration of her continuous entitlement thereto, in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.

[1999 s23]

(5) In the case of a person to whom subsection (2), (3) or (4) applies and who is disqualified for receipt of a relevant payment by virtue of section 249(1)(a) or (14), where but for that disqualification she would be entitled to the said relevant payment, she shall again become entitled to the said relevant payment at the expiration of the disqualification in any case where the period of disqualification does not exceed 12 months.

[2000 s24]

(6) Notwithstanding the provisions of Part V of the Act of 1996, in the case of a woman who—

(a) was in receipt of deserted wife's allowance under Chapter 5 of Part III of the Social Welfare (Consolidation) Act 1981 and transferred from that scheme to the lone parent's allowance scheme under Chapter 5A (inserted by section 12 of the Social Welfare Act 1990) of Part III of the said Act following the commencement of that Chapter in 1990, and

(b) ceases or has ceased to be entitled to one-parent family payment under Chapter 9 of Part III of the Act of 1993 by virtue of no longer having at least one qualified child residing with her,

she shall, where but for Part V of the Act of 1996 she would be entitled to a relevant payment under subsection (1)(b), become and continue to be entitled to the said payment, for the duration of her continuous entitlement thereto, in accordance with the Act of 1993 and regulations made under the Act of 1993.

F1044[(7) Notwithstanding the provisions of Part V of the Act of 1996, for the purposes of a relevant payment referred to insubsection (1)(b)or(c), means shall be calculated in accordance withPart 5ofSchedule 3.

(8) A person shall not be entitled to a relevant payment referred to insubsection (1)(b)or(c)where that person has attained pensionable age.]

178A. F1045[Relevant payments — conditions for receipt.

178A.—(1) Notwithstanding the provisions of Part V of the Act of 1996—

(a) deserted wife's benefit under Chapter 18 of Part II of the Act of 1993 shall be payable to a woman who, in the case of a claim made on or after 31 August 1992 but before 2 January 1997, does not have an aggregate of reckonable income, reckonable earnings and reckonable emoluments in excess of a prescribed amount, in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate,

(b) in the case of a woman who immediately before the commencement of section 19 of the Act of 1996 was in receipt of deserted wife's benefit under Chapter 18 of Part II of the Act of 1993, regulations may provide for the continued payment of deserted wife's benefit where—

(i) subject toparagraph (c), the woman has an aggregate of reckonable income, reckonable earnings and reckonable emoluments in excess of an amount prescribed for the purposes ofparagraph (a)in the last complete income tax year or in such subsequent tax year as a deciding officer or an appeals officer may consider appropriate, or

(ii) the contribution condition set out insubsection (2)(b)is not satisfied,

(c) regulations underparagraph (b)shall provide that deserted wife's benefit payable by virtue of that paragraph shall be payable at a rate less than that specified inreference 5ofPart 1ofSchedule 2and the rate specified by the regulations may vary with the extent to which—

(i) the claimant has an aggregate of reckonable income, reckonable earnings and reckonable emoluments in excess of the amount prescribed for the purposes ofparagraph (a)but not in excess of the amount prescribed for the purposes of this paragraph, in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, and

(ii) the contribution condition set out insubsection (2)(b)is satisfied,

but any increase of the benefit payable in accordance withsubsection (3)shall be the same as if the conditions set out inparagraph (a)andsubsection (2)(b)had been fully satisfied,

(d) (i) subject tosubparagraph (ii), regulations may provide for entitling to deserted wife's benefit a person who would be entitled thereto but for the fact that the contribution condition set out insubsection (2)(b)is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor, became an employed contributor as a consequenceof the coming into operation ofsection 12 of the Social Welfare Act 1973,

(ii) regulations for the purposes ofsubparagraph (i)shall provide that deserted wife's benefit payable by virtue of that paragraph shall be payable at a rate less than that specified inreference 5ofPart 1ofSchedule 2and the rate specified by the regulations may vary with the extent to which the contribution condition set out insubsection (2)(b)(ii)is satisfied.

(2) The contribution conditions for deserted wife's benefit under Chapter 18 of Part II of the Act of 1993 are—

(a) that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and

(b) that, if at the relevant time, 4 years or longer has elapsed since the husband's entry into insurance—

(i) the yearly average for the 3 contribution years, or (if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or

(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,

but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).

(3) For the purposes of a payment referred to inparagraph (a)of the definition of‘relevant payment’insection 178, the weekly rate of payment shall be increased by the appropriate amount set out—

F1046[(a) set out incolumn (4)ofPart 1ofSchedule 2in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and]

F1047[(aa) set out incolumn (5)ofPart 1ofSchedule 2in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary,]

(b) incolumn (6)ofPart 1ofSchedule 2where the beneficiary has attained pensionable age and is living alone,

(c) incolumn (7)ofPart 1ofSchedule 2where the beneficiary has attained the age of 80 years, and

(d) incolumn (8)ofPart 1ofSchedule 2where the beneficiary has attained pensionable age and is ordinarily resident on an island.]

F1048[(3A) In this section‘yearly average’means the average per contribution year of contribution weeks in respect of which the husband or claimant has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified insubsection (2)(b)and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.]

F1049[(4) Regulations may, subject to the conditions and in the circumstances and for the periods that may be prescribed, entitle to a payment a woman who ceases to be entitled to deserted wife’s benefit by virtue of having earnings in excess of the amount prescribed for the purposes ofsubsection (1)(a).

(5) Regulations undersubsection (4)shall provide that a payment payable by virtue of those regulations shall be payable at a rate less than that specified incolumn (2)ofPart 1ofSchedule 2and the rate specified by regulations may vary by reference to the yearly average calculated in accordance withsubsection (2)(b)(ii).]

F1050[(6)F1051[…]]

F1052[(6A)F1051[…]]

F1050[(7)F1051[…]]

F1050[(8)F1051[…]]

F1053[(9)F1051[…]]

F1054[(10)F1051[…]]

178B. F1055[One-parent family payment — transitional provisions in certain circumstances where child attains age of 14.

178B.—(1) This section applies to a person who—

(a) immediately before 27 April 2011 was in receipt of one-parent family payment, and

(b) would have continued to receive that payment—

(i) immediately after 26 April 2011 but for the fact that the youngest child attained the age of 14 years before 27 April 2011, or

(ii) on or after 27 April 2011 but for the fact that the youngest child has attained the age of 14 years on or after 27 April 2011.

F1056[(2) A person to whom this section applies shall, subject tosubsection (3), continue to be entitled to the payment referred to insubsection (1)as follows:

(a) during the period commencing on 27 April 2011 and ending on 3 July 2013, until the youngest child attains the age of 18 years;

(b) during the period commencing on 4 July 2013 and ending on 2 July 2014, until the youngest child attains the age of 17 years;

(c) during the period commencing on 3 July 2014 and ending on 1 July 2015, until the youngest child attains the age of 16 years.]

(3) For the purposes of this section one-parent family payment shall, subject tosubsection (4), continue to be paid to a person to whom this section applies where—

(a) the youngest child has attained the age of 18 years and has not attained the age of 22 years, and

(b) that youngest child is receiving full-time education as may be prescribed.

(4) For the purposes ofsubsection (3), one-parent family payment shall be paid to a person to whom this section applies until the end of the academic year which commences in 2012 and which applies to such course of full-time education, as may be prescribed, which that youngest child is receiving.

F1057[(5) This section shall cease to have effect on 2 July 2015.]]

178C. F1058[One-parent family payment — transitional provisions in certain circumstances where child attains relevant age.

178C.—(1) This section applies to a person who—

(a) becomes entitled to one-parent family payment during the period commencing on 27 April 2011 and ending on 2 May 2012,

(b) immediately before 3 May 2012 is in receipt of that payment, and

(c) would have continued to be entitled to receive that payment—

(i) immediately after 2 May 2012 until the date on which the youngest child attained the age of 14 years, but for the fact that the youngest child attained the age of 12 years before 3 May 2012, or

(ii) on or after 3 May 2012 until the date on which the youngest child attained the age of 14 years, but for the fact that the youngest child has attained the age of 12 years on or after 3 May 2012.

F1059[(2) A person to whom this section applies shall continue to be entitled to the payment referred to insubsection (1)as follows:

(a) during the period commencing on 3 May 2012 and ending on 3 July 2013, until the youngest child attains the age of 14 years;

(b) during the period commencing on 4 July 2013 and ending on 2 July 2014, until the youngest child attains the age of 12 years;

(c) during the period commencing on 3 July 2014 and ending on 1 July 2015, until the youngest child attains the age of 10 years.]

F1060[(3) For the purposes of this section nothing insubsection (2)shall affect the entitlement of a person to whom this section applies to continue to be entitled to one-parent family payment until the youngest child attains 16 years where—

(a) the person is qualified for a carer’s allowance underChapter 8ofPart 3, including a payment undersection 186A, or

(b) the youngest child is a child in respect of whom a payment underChapter 8AofPart 3is being made.]

F1061[(4) This section shall cease to have effect on 2 July 2015.]]

178D. F1062[One-parent family payment — continuation following certain disqualifications.

178D.—(1) Where a person has—

(a) been in receipt of one-parent family payment for a period of 52 consecutive weeks and is disqualified for receipt of that payment by virtue of—

(i) having gross weekly earnings in excess of the amount specified insection 173(3), or

(ii) participation in a scheme administered by the Minister and known as Back to Education Allowance,

and

(b) but for that disqualification the person would be entitled to that one-parent family payment,

the person shall again become entitled to that payment at the expiration of the disqualification subject to, and in accordance with—

(i)section 178B, in the case of a person who first became entitled to one-parent family payment before 27 April 2011, or

(ii)section 178C, in the case of a person who first became entitled to one-parent family payment during the period commencing on 27 April 2011 and ending on 2 May 2012.

F1063[(2) This section shall cease to have effect on 2 July 2015.]]

178E. F1064[One-parent family payments — miscellaneous provisions relating to claims made on certain dates.

178E.—(1) Where—

(a) a person made a claim for one-parent family payment before 27 April 2011 and the claim had not been fully determined by that date, and

(b) that person would have been entitled to that payment but for the fact that the youngest child had attained the age of 14 years before 27 April 2011,

the entitlement of that person to that payment shall be determined in accordance withsection 178B.

(2) Where—

(a) a person made a claim for one-parent family payment before 3 May 2012 and the claim had not been fully determined by that date, and

(b) that person would have been entitled to that payment but for the fact that the youngest child attained the age of 12 years before 3 May 2012,

the entitlement of that person to that payment shall be determined in accordance withsection 178C.]

178F. F1065[Report on one-parent family payment changes

178F.(1) The Minister shall, not later than 3 months after the passing of the Act of 2016, cause to be prepared a report on the financial and social effects of the amendments to one-parent family payment made to this Act since 1 January 2012, taking into account the effects on welfare dependency and the poverty rates of those in receipt of one-parent family payment.

(2) The Minister shall, not later than 9 months after the passing of the Act of 2016, cause a copy of the report undersubsection (1)to be laid before each House of the Oireachtas.

(3) In this section,“Act of 2016”means the Social Welfare Act 2016.]

Chapter 8

179. Interpretation. [1993 s163(1)]

179.—(1) Subject to this Act, in this Chapter—

“carer” means—

(a) a person who resides with and provides full-time care and attention to a relevant person, or

[1999 s10(b)]

(b) a person who, subject to the conditions and in the circumstances that may be prescribed, does not reside with but who provides full-time care and attention to a relevant person.

F1066[…]

F1066[…]

“relevant person” means a person (other than a person in receipt of an increase of disablement pension under section 78 in respect of constant attendance) who has such a disability that he or she requires full-time care and attention, and who—

(a) has attained the age of 16 years, or

[1999 s10(a); 2005 (SW&P) s26 & Sch 4]

F1067[(b) is under the age of 16 years and is a person in respect of whom a payment underChapter 8AofPart 3is being made;]

[2000 s17 & Sch E; 2005 (SW&P) s25 & Sch 3]

“weekly means” means, subject to Rule 1(1) of F1068[Part 5] of Schedule 3, the yearly means divided by 52.

[1997 s23(1); 1999 s13 & Sch C]

(2) The Minister may make regulations specifying the circumstances and conditions under which a person is to be regarded as providing full-time care and attention to a relevant person.

[1993 s163(2); 2005 (SW&P) s25 & Sch 3]

(3) For the purposes of this Chapter, means shall be calculated in accordance with the Rules contained in F1068[Part 5] of Schedule 3.

[1993 s163(3); 2000 s28(1)(b)]

F1069[(4) For the purposes of the definition of‘relevant person’in this Chapter, a person shall not be regarded as requiring full-time care and attention unless the person has such a disability that he or she—

(a) requires from another person—

(i) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or

(ii) continual supervision in order to avoid danger to himself or herself,

and

(b) is likely to require such full-time care and attention for at least 12 consecutive months.]

180. Entitlement to allowance. [1993 s164; 2004 (MP) s17 & Sch 1]

180.—(1) Subject to this Act, an allowance (in this Act referred to as “carer's allowance”) shall, in the circumstances and subject to the conditions that may be prescribed, be payable to a carer.

[2004 (MP) s17 & Sch 1]

(2) A carer shall not be entitled to an allowance under this section unless he or she is habitually resident in the State F1070[…].

181. Rate of allowance. [1993 s165(1); 2001 s15(1)]

181.—(1) Subject to this Act, the rate (in this Chapter referred to as “the scheduled rate”) of carer's allowance shall be—

(a) in the case of a person who is a carer of more than one relevant person, the weekly rate set out in column (2) at reference 8(a) in Part 1 of Schedule 4, F1071[…]

F1072[(ia) the amount set out incolumn (7)of that Part opposite that reference where the beneficiary has attained the age of 80 years, and]

(b) in any other case, the weekly rate set out in column (2) at reference 8(b) in Part 1 of Schedule 4,

increased by—

F1073[(i) the appropriate amount set out—

(I) incolumn (4)of that Part opposite that reference in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(II) incolumn (5)of that Part opposite that reference in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary,]

(ii) the amount set out in column (8) of that Part opposite that reference where the beneficiary has attained pensionable age and is ordinarily resident on an island.

[1993 s165(2); 2001 s37(1)]

(2) (a) A carer's allowance shall be payable where—

(i) the weekly means of the claimant or beneficiary do not exceed €7.60, at the scheduled rate, and

(ii) subject to paragraph (b), the weekly means exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.

(b) Where the rate calculated under paragraph (a)(ii) at which, but for this paragraph, the carer's allowance would be payable is less than €2.50, the allowance shall not be payable.

[1993 s165(3)]

(3) F1074[…]

[1993 s165(4)]

(4) Any increase in carer's allowance payable under subsection (1) in respect of a qualified child who normally resides with a beneficiary and with the spouse F1075[, civil partner or cohabitant] of a beneficiary shall be payable at one-half of the appropriate amount.

182. Payment of allowance. [1993 s166; 2005 (SW&P) s14(b)]

182.—Notwithstanding this Chapter—

F1076[(a) only one carer’s allowance or a payment undersection 186A, as the case may be, shall be payable to a carer, and only one carer’s allowance or payment undersection 186A, as the case may be, shall be payable in any week in respect of the full-time care and attention being provided to a relevant person, and]

(b) carer's allowance shall not be payable in respect of the full-time care and attention being provided to a relevant person in any case where a carer's benefit under Part 2 is being paid to any person in respect of the full-time care and attention being provided to the same relevant person.

183. Prescribed relative allowance. [1993 s167(1); 1994 s32 & Sch F]

183.—F1077[…]

184. Entitlement to prescribed relative allowance. [1993 s168(1); 1999 s13 & Sch C]

184.—F1078[…]

185. Medical examination. [2000 s11(1)(c)]

185.—(1) A relevant person in respect of whose full-time care and attention a carer is entitled to or in receipt of F1079[carer’s allowance or a payment undersection 186A] shall attend for or submit to such medical or other examination as may be required in accordance with regulations.

[2000 s11(1)(c)]

(2) Regulations under subsection (1) may also provide for disqualifying a person for receiving F1079[carer’s allowance or a payment undersection 186A] where the relevant person in respect of whose full-time care and attention F1079[the allowance or payment, as the case may be] is payable fails without good cause to attend for or submit to such medical or other examination as may be required in accordance with those regulations.

186. Regulations. [1993 s169(1)]

186.—(1) The Minister shall make regulations for the purpose of giving effect to this Chapter.

[1993 s169(2); 2005 (SW&P) s25 & Sch 3]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)—

(a) F1080[…]

(b) provide for—

(i) entitling to carer's allowance the class or classes of person that may be prescribed who would be entitled to that allowance but for the fact that the conditions as to means as calculated in accordance with the Rules contained in F1081[Part 5] of Schedule 3 are not satisfied, or

(ii) entitling to carer's allowance at a rate higher than that calculated in accordance with section 181(2) the class or classes of person that may be prescribed, and the rate of allowance so payable may vary in accordance with the claimant's means.

186A. F1082[Payment of carer’s allowance in certain circumstances.

186A.—(1) Subject to this Act, a payment shall, in the circumstances and subject to the conditions that may be prescribed, be made to a carer.

(2) A carer shall not be entitled to a payment under this section unless the carer is habitually resident in the StateF1083[…].

(3) Subject tosubsection (5), the rate of payment under this section shall be calculated in accordance withsection 181(other thansubparagraphs (i),(ia)and(ii)ofsubsection (1)).

(4) The amount payable under this section shall be half the amount calculated in accordance withsubsection (3).

(5) Notwithstanding this section—

(a) only one payment under this section shall be made to a carer, and only one such payment shall be made in any week in respect of the full-time care and attention being provided to a relevant person,

(b) a payment under this section shall not be made in respect of the full-time care and attention being provided to a relevant person in any case where a carer’s benefit underPart 2is being paid to any person in respect of the full-time care and attention being provided to the same relevant person,

(c) a payment under this section shall not be made to a relevant person,

(d) a payment under this section shall not be made where the carer—

(i) engages in employment, self-employment, or any course of education or training,

(ii) is entitled to or in receipt of jobseeker’s benefit,F1084[jobseeker’s benefit (self-employed), jobseeker’s allowance or jobseeker’s pay-related benefit,]

F1085[(iia) is entitled to or in receipt of back to work family dividend,]

(iii) is a person to whom Article 58 of the Regulations of 1996 applies in respect of proven unemployment, or

(iv) is entitled to or in receipt of weekly supplementary welfare allowance undersection 197.

(6) Notwithstandingsubsection (5)(d)(i), for the purposes of a payment under this section, the Minister may make regulations to provide that a carer may engage in employment, self-employment, or any course of education or training, subject to the conditions and in the circumstances that may be prescribed.]

F1086[Chapter 8A

186B. F1087[Interpretation.

186B.—In this Chapter—

‘institution’, means a hospital, convalescent home or home for children suffering from physical or mental disability or ancillary accommodation and any other similar establishment providing residence, maintenance or care where the cost of the child’s maintenance in that institution is being met in whole or in part by or on behalf of the Executive or the Department of Education and Science;

‘international organisation’means an international intergovernmental organisation, including, in particular and without limiting the generality of the foregoing—

(a) the United Nations Organization and its specialist agencies,

(b) the institutions and agencies of the European Communities,

(c) the Council of Europe, and

(d) the Organisation for Economic Co-operation and Development;

F1088[…]

‘qualified child’has the meaning given bysection 186C;

‘qualified person’has the meaning given bysection 186D.]

186C. F1089[Qualified child.]

F1090[186C.—(1) A person who has not attained the age of 16 years (in this section referred to as the‘child’) is a qualified child for the purposes of the payment of domiciliary care allowance where—

(a) the child has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age,

(b) the level of disability caused by that severe disability is such that the child is likely to require full-time care and attention for at least 12 consecutive months,

(c) the child—

(i) is ordinarily resident in the State, or

(ii) satisfies the requirements ofsection 219(2),

and

(d) the child is not detained in a children detention school.

(2)F1091[…]

(3)F1091[…]]

186D. F1092[Qualified person.

186D.—(1) A person is a qualified person for the purpose of receiving domiciliary care allowance in respect of a qualified child if—

(a) the child normally resides with that person,

(b) that person provides for the care of the child, and

F1093[(c) the person—

(i) is habitually resident in the State, or

(ii) at the date of the making of the application for domiciliary care allowance, is a person to whomparagraph (a),(b)or(c)ofsection 219(2)applies.]

(2) For the purposes ofsubsection (1)(a)the Minister may by regulation make rules for determining with whom a qualified child is to be regarded as normally residing.]

186E. F1094[Payments while child is resident in an institution.

186E.—(1) Subject tosubsections (2)and(3), domiciliary care allowance is not payable for any period during which a child is resident in an institution.

(2) Subject to this Chapter, regulations may provide, subject to such conditions and in such circumstances as are prescribed, for payment of domiciliary care allowance at a rate less than the scheduled rate referred to insection 186Fin respect of a qualified child in respect of whom the allowance would be payable but for the fact that the qualified child is resident in an institution, where the child is temporarily resident with the qualified person for a period of not less than two days in any one week.

(3) Where a qualified child in respect of whom a domiciliary care allowance is payable is admitted to an institution otherwise than in the circumstances referred to insubsection (2), that allowance shall continue to be payable for such period, and in such circumstances as are prescribed.]

186F. F1095[Rate of payment.

186F.—(1) Subject to this Act, a person shall, so long as he or she remains a qualified person, be paid out of moneys provided by the Oireachtas a monthly allowance at the rate (in this section referred to as‘the scheduled rate’) set out inPart 5ofSchedule 4.

(2) Regulations may provide for the payment of domiciliary care allowance at a rate lower than the scheduled rate in the case of a qualified child in respect of whom an allowance is payable in accordance withsection 186E(2).]

186G. F1096[Medical examination.

186G.—(1) A qualified child in respect of whom domiciliary care allowance is in payment shall attend for or submit to such medical or other examinations as are required in accordance with regulations.

(2) Regulations made for the purposes ofsubsection (1)may also provide for disqualifying a person for receiving domiciliary care allowance where the qualified child in respect of whom the domiciliary care allowance is payable fails without good cause to attend for or submit to such medical or other examination as may be required in accordance with those regulations.]

186H. F1097[Only one domiciliary care allowance payable.

186H.—Not more than one domiciliary care allowance is payable in any month in respect of any one qualified child.]

Chapter 9

187. Interpretation. [1993 s170; 2003 (MP) s5(1)(b)]

187.—In this Chapter—

“Act of 1939” means the Public Assistance Act 1939;

F1098[‘qualified adult’means—

(a) in relation to a beneficiary—

(i) the spouse of the beneficiary who is being wholly or mainly maintained by the beneficiary,

(ii) the civil partner of the beneficiary who is being wholly or mainly maintained by the beneficiary, or

(iii) the cohabitant of the beneficiary who is being wholly or mainly maintained by the beneficiary,

where the spouse, civil partner or cohabitant concerned is resident in the State, or

(b) a person who has attained the age of 16 years, is resident in the State, is being wholly or mainly maintained by a beneficiary and has the care of one or more than one qualified child who normally resides with the beneficiary, where the beneficiary is—

(i) a single person,

(ii) a widow,

(iii) a widower,

(iv) a married person who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, his or her spouse,

(v) a surviving civil partner, or

(vi) a civil partner who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, his or her civil partner;]

“home assistance” means home assistance within the meaning of the Act of 1939;

F1099[‘institution’means—

(a) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary to such hospital or home,

(b) any premises providing residence, maintenance or care for the persons therein,

(c) a prison or place of detention, or

(d) a prescribed institution;]

F1100[‘mortgage interest’means the proportion of any amount payable by a person to a mortgage lender which is for the time being attributable to interest payable under an agreement entered into by that person with the mortgage lender for the purpose of defraying money employed in the purchase, repair or essential improvement of the sole or main residence of that person or to pay off another loan used for that purpose but does not include—

(a) interest payable in relation to such agreement by virtue of a delay or default in making a repayment under that agreement, or

(b) the aggregate of—

(i) any relief for interest due to the person under section 244 (as amended bysection 3of theFinance Act 2009) of the Act of 1997, and

(ii) any mortgage allowance or mortgage subsidy attributable to interest which may be payable by a local authority on behalf of the person under theF1101[Housing Acts 1966 to 2009;]]

F1102[‘mortgage lender’has the meaning given to it by section 2(1) (as amended by section 2 of, and Schedule 3 to, theCentral Bank and Financial Services Authority of Ireland Act 2004) of theConsumer Credit Act 1995;]

“public assistance authority” means a former public assistance authority referred to in section 8 of the Act of 1939 as extended by section 7 of the Health Authorities Act 1960 and section 84 of the Health Act 1970;

F1103[‘social housing support’has the meaning given to it by section 19 of the Housing (Miscellaneous Provisions) Act 2009;]

“supplementary welfare allowance” means an allowance in cash or in kind granted under this Chapter.

188. Definition of qualified child. [2003 (MP) s5(1)(c); 2005 (SW&P) s26 & Sch 4]

188.—(1) In this Chapter “qualified child” means, in relation to a beneficiary, F1104[any child who is ordinarily resident in the State,] not being a qualified adult, who is dependent on that beneficiary for support and—

(a) in the case of a beneficiary (other than a beneficiary referred to in paragraph (b)), is under the age of 18 years or is of or over the age of 18 years and is regarded as attending a course of study referred to in section 148(3)(a), or

(b) in the case of a beneficiary who has been in receipt of supplementary welfare allowance for not less than 26 weeks or, subject to the conditions and in the circumstances that may be prescribed, has been entitled to or has been in receipt of supplementary welfare allowance and a relevant payment for not less than 156 days—

(i) is under the age of 18 years, or

(ii) is of or over the age of 18 years and under the age of 22 years and is receiving full-time education, the circumstances of which shall be specified in regulations, or

(iii) is of or over the age of 18 years and is regarded as attending a course of study referred to in section 148(3)(a).

[2003 (MP) s5(1)(c)]

(2) (a) Subject to paragraph (b) and notwithstanding subsection (1)(a), a person who attains the age of 18 years while attending a full-time day course of study, instruction or training at an institution of education, shall continue to be regarded as a qualified child for the purposes of subsection (1)(a) until the earlier of the next following 30 June or until he or she completes the full-time day course.

(b) For the purposes of paragraph (a), the Minister may prescribe the conditions subject to which a person shall be regarded as attending a full-time day course of study, instruction or training at an institution of education.

(c) In this subsection “institution of education” has the meaning given to it by section 148(2).

189. Entitlement to supplementary welfare allowance. [1993 s171; 2005 (SW&P) s26 & Sch 4]

189.—Subject to this Act, every person in the State whose means are insufficient to meet his or her needs and the needs of any qualified adult or qualified child of the person shall be entitled to supplementary welfare allowance.

190. Exclusion of persons receiving full-time education. [1993 s172(1); 1994 s24]

190.—(1) A person shall not be entitled to receive supplementary welfare allowance while attending a course of study within the meaning of section 148, other than in the circumstances and subject to the conditions that may be prescribed.

[1993 s172(2); 2005 (SW&P) s26 & Sch 4]

(2) Subsection (1) is without prejudice to the entitlement of any person to receive supplementary welfare allowance in respect of a person referred to in that subsection who is a qualified adult or qualified child.

[1993 s172(3)]

(3) Notwithstanding subsection (1), supplementary welfare allowance may, in a case in which there are exceptional circumstances, be granted to a person who would be entitled to receive supplementary welfare allowance but for that subsection.

191. Exclusion of persons in full-time employment. [1993 s173(1); 1994 s25]

191.—(1) Subject to subsections (2) and (3), a person shall not, other than in the circumstances and subject to the conditions that may be prescribed, be entitled to supplementary welfare allowance in relation to any period during which he or she is engaged in remunerative full-time work.

[1993 s173(2)]

(2) The Minister may by regulations provide for the postponement of the operation of subsection (1) in respect of any class of persons becoming engaged in remunerative full-time work until such period after the beginning of the engagement as may be specified in the regulations.

[1993 s173(3)]

(3) Subsection (1) shall not apply in the case of any person engaged in remunerative full-time work where the earning power of the person is, by reason of any physical or mental disability, substantially reduced in comparison with the earning power of other persons engaged in similar work.

192. Exclusion of persons not habitually resident in the State. [2004 (MP) s17 & Sch 1]

192.—A person shall not be entitled to an allowance (other than an allowance under sections 201 and 202) under this Chapter unless he or she is habitually resident in the State F1105[…].

193. Persons affected by trade disputes. [1993 s174(1); 2005 (SW&P) s26 & Sch 4]

193.—(1) In any case where, by reason of a stoppage of work due to a trade dispute at his or her place of employment, a person is without employment for any period during which the stoppage continues, and the person has not, during that stoppage, become bona fide employed elsewhere in the occupation which he or she usually follows, or has not become regularly engaged in some other occupation, the person's needs for that period shall be disregarded for the purpose of ascertaining his or her entitlement to supplementary welfare allowance except in so far as those needs include the need to provide for a qualified adult or any qualified children.

[1993 s174(2)]

(2) Subsection (1) shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

[1993 s174(3)]

(3) In this section “place of employment”, in relation to any person, means the factory, workshop, farm or other premises or place at which he or she was employed, but, where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments, for the purposes of this section, is deemed to be a separate factory or workshop or farm or separate premises or a separate place, as the case may be.

194. Administration. [1993 s175(1); 2005 (SW&P) s23 & Sch 1]

194.—F1106[…]

195. Conditions for grant of supplementary welfare allowance. [1993 s176; 2005 (SW&P) s23 & Sch 1]

195.—F1107[A designated person] or deciding officer may, subject to regulations made by the Minister, determine or decide that a person shall not be entitled to supplementary welfare allowance unless the person—

(a) is registered for employment in the manner that the Minister may prescribe,

(b) satisfies the conditions set out in section 141(1)(b) and (4), and

(c) makes application for any statutory or other benefits or assistance to which the person may be entitled including any benefits or assistance from countries other than the State.

195A. F1108[Refusal or failure to attend activation meetings relating to supplementary welfare allowance

195A.(1) Notice may be given by or on behalf of the Minister to any person receiving supplementary welfare allowance requesting the person, at the time specified in the notice, to comply with the requirement specified inparagraph (a)or(b)ofsubsection (3).

(2) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice undersubsection (1)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of supplementary welfare allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out insubsectionF1109[(1A)or, as the case may be,(2A)ofsection 197].

(3) A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person—

(a) attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or

(b) attend for or submit to an assessment of that person’s education, training or development needs.

(4) Where supplementary welfare allowance is paid to a person at the weekly rate set out insubsectionF1109[(1A)or, as the case may be,(2A)ofsection 197]on account of a refusal or failure to comply with the requirement specified in the notice undersubsection (1)for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement.

(5) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice undersubsection (4)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, that person may, subject tosubsection (6), be disqualified for receiving the weekly amount of supplementary welfare allowance as provided for insections 196and197for any period of continued refusal or failure commencing on the date specified in the notice undersubsection (4), but such period of disqualification shall, subject tosubsection (7), not exceed 9 weeks.

(6) Where the weekly amount of supplementary welfare allowance payable to a person to whomsubsection (5)applies includes an increase in respect of—

(a) a qualified adult in accordance withsection 197(1)(a), or

(b) a qualified child in accordance withsection 197(1)(b),

the disqualification provided for insubsection (5)shall not apply in respect of the receipt of such increase of supplementary welfare allowance.

(7) Nothing in this section shall prevent the provisions ofsubsections (1)to(6)being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance withsubsection (5)—

(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to insubsection (1), and

(b) that person continues, without good cause, to refuse or fail to comply with that requirement.

(8) Where, on the commencement ofsection 14of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, supplementary welfare allowance is being paid to a person at the weekly rate set out insubsectionF1109[(1A)or, as the case may be,(2A)ofsection 197]for a period of not less than 21 days—

(a) a notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement specified inparagraph (a)or(b)ofsubsection (3), and

(b)subsections (4)to(7)shall apply to that person where he or she refuses or fails, without good cause, to comply with that requirement at or after the time specified in the notice underparagraph (a), or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person.]

195B. F1110[Refusal or failure to participate in prescribed schemes, programmes or courses relating to supplementary welfare allowance

195B.(1) Where—

(a) as a consequence of attendance for or submission to an assessment in accordance withsection 195A(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and

(b) that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be,

the weekly rate of supplementary welfare allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out insubsectionF1111[(1A)or, as the case may be,(2A)ofsection 197].

(2) Where supplementary welfare allowance is paid to a person at the weekly rate set out insubsectionF1111[(1A)or, as the case may be,(2A)ofsection 197]on account of a refusal or failure referred to insubsection (1)—

(a) notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or

(b) a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances.

(3) Where a person refuses or fails, without good cause, to—

(a) comply with the requirement specified in the notice undersubsection (2)(a)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(b) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b),

that person may, subject tosubsection (4), be disqualified for receiving the weekly amount of supplementary welfare allowance as provided for insections 196and197for any period of such refusal or failure commencing on—

(i) the date specified in the notice undersubsection (2)(a), or

(ii) the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b),

as the case may be, but such period of disqualification shall, subject tosubsection (5), not exceed 9 weeks.

(4) Where the weekly amount of supplementary welfare allowance payable to a person to whomsubsection (3)applies includes an increase in respect of—

(a) a qualified adult in accordance withsection 197(1)(a), or

(b) a qualified child in accordance withsection 197(1)(b),

the disqualification provided for insubsection (3)shall not apply in respect of the receipt of such increase of supplementary welfare allowance.

(5) Nothing in this section shall prevent the provisions ofsubsections (1)to(4)being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance withsubsection (3)—

(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to insubsection (2)(a), or

(b) a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b),

as the case may be, and that person continues, without good cause, to refuse or fail to—

(i) comply with the requirement specified in the notice underparagraph (a)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(ii) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to inparagraph (b).]

195C. F1112[Giving of notice under section 195A or 195B

195C.A notice undersection 195Aor195Bshall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.]

196. Calculation of supplementary welfare allowance. [1993 s177(1); 2005 (SW&P) s21(a), 25, 26 & Sch 3, 4]

196.—(1) Subject to F1113[sections 195A,195B,section 341(7)andsection 341(7C),] the amount of supplementary welfare allowance to which a person is entitled shall be the amount by which the person's means fall short of his or her needs, and for the purpose of ascertaining that amount—

(a) the weekly needs of a person shall, subject to any payment under section 198, be taken to be—

(i) in the case of a person who has no means, the amount calculated in accordance with section 197, or

(ii) in the case of a person who has means, the amount calculated in accordance with section 197 which would be appropriate in the person's case if he or she had no means, reduced by €1 per week for every €1 of his or her weekly means,

and

(b) subject to paragraph (c), the weekly means of any person for the purpose of ascertaining his or her entitlement to supplementary welfare allowance shall be calculated in accordance with the Rules contained in Part 4 of Schedule 3.

(c) The amount calculated in accordance with paragraph (b) shall be rounded up to the nearest €1 where it is a multiple of 50 cent but not also a multiple of €1 and shall be rounded to the nearest €1 where it is not a multiple of 50 cent or €1.

[1993 s177(2)]

(2) In calculating the amount of supplementary welfare allowance payable to any person, the following apply:

F1114[(a) where—

F1115[(i) both spouses of a married couple,]

(ii) both civil partners of a civil partnership, or

(iii) both cohabitants,

are members of the same household, their needs and means shall be aggregated and shall be regarded as the needs and means of the claimant;]

(b) in the case of a person with a qualified child his or her needs shall be taken to include the needs of that qualified child;

(c) where the needs of any person are taken into account in determining the entitlement of any other person to supplementary welfare allowance, only that other person shall be entitled to an allowance.

197. Weekly amounts of supplementary welfare allowance for persons of no means. [1993 s178(1); 2005 (SW&P) s26 & Sch 4]

F1117[197.—(1) In the case of a person who has no means as determined by this Chapter and subject to a payment undersection 198, the weekly amount of supplementary welfare allowance payable shall be as set out incolumn (2)atreference 10(a)ofPart 1ofSchedule 4(as inserted bysection 11(b) of the Social Welfare and Pensions Act 2009), increased by—

(a) the amount set out incolumn (3)of that Part for any period during which the claimant or beneficiary has a qualified adult subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this paragraph in respect of more than one person, and

F1118[(b) the appropriate amount set out—

(i) incolumn (4)of that Part in respect of each qualified child who has not attained the age of 12 years, and

(ii) incolumn (5)of that Part in respect of each qualified child who has attained the age of 12 years.]

F1119[(1A) Subject to this Act and notwithstandingsubsection (1), in the case of a person to whomF1120[subsection (2)or(7)ofsection 195Aorsubsection (1)or(5)ofsection 195B]refers, the weekly amount of supplementary welfare allowance shall be reduced and accordingly shall be the weekly amount of supplementary welfare allowance as set out incolumn (2)atreference 10(a)ofPart 1ofSchedule 4which shall be reduced in each week byF1121[€88], increased by—

(a) the amount set out incolumn (3)of that Part for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this paragraph in respect of more than one person, and

F1122[(b) the appropriate amount set out—

(i) incolumn (4)of that Part in respect of each qualified child who has not attained the age of 12 years, and

(ii) incolumn (5)of that Part in respect of each qualified child who has attained the age of 12 years.]]

(2) Notwithstandingsubsection (1), in the case of a person who has not attained the age ofF1123[25]years who has no means as determined by this Chapter and who is not entitled to an increase in respect of a qualified child, subject to any payment undersection 198, the weekly amount of supplementary welfare allowance payable shall be as set out incolumn (2)atreference 10(b)ofPart 1ofSchedule 4(as inserted bysection 11(b) of the Social Welfare and Pensions Act 2009), increased by the amount set out incolumn (3)of that Part for any period during which the beneficiary has a qualified adult subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.

F1124[(2A) Subject to this Act and notwithstandingsubsection (2), in the case of a person to whomF1125[subsection (2)or(7)ofsection 195Aorsubsection (1)or(5)ofsection 195B]refers, the weekly amount of supplementary welfare allowance shall be reduced and accordingly shall be the weekly amount of supplementary welfare allowance as set out incolumn (2)atreference 10(b)ofPart 1ofSchedule 4which shall be reduced in each week byF1126[€50], increased by the amount set out incolumn (3)of that Part for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.]

(3)Subsection (2)shall not apply in the case of a claim for supplementary allowance where the claimant—

F1127[(a) has been in continuous receipt of the allowance from a date on or before 30 December 2009 and where, in the period prior to that date the claimant was not a person to whomsubsection (2)applied,]

F1128[(aa) has been in continuous receipt of the allowance from a date on or before 8 January 2014 and where, in the period prior to that date, the claimant was not a person to whomsubsection (2)F1129[applied,]]

F1130[(ab) is in receipt, in his or her own right, of—