S.I. No. 184/2005 - Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005

S.I. No. 184 of 2005

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (CAPITAL ASSESSMENT AND CARERS) REGULATIONS 2005

S.I. No. 184 of 2005

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT (CAPITAL ASSESSMENT AND CARERS) REGULATIONS 2005

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 3 (as amended by section 18 of the Social Welfare (Miscellaneous Provisions) Act 2004 ( No. 9 of 2004 )), 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act 2002 ( No. 8 of 2002 )) and 82B(3 (inserted by section 10 of the Social Welfare Act 2000 (No. 4 of 2000)) of the Social Welfare (Consolidation) Act 1993 (No. 27 of 1993) and Rules 1(5) (substituted by section 8 of the Social Welfare (Miscellaneous Provisions) Act 2003 ( No. 4 of 2003 )) and 2A (inserted by section 13 of the Social Welfare Act 2001 ( No. 5 of 2001 )) of Part I and Rules 1(8) (as amended by section 11 of the Social Welfare Act 2000 ( No. 4 of 2000 )), 2 and 4(1B (inserted by section 12 of the Social Welfare Act, 1999 ( No. 3 of 1999 )) of Part II of the Third Schedule to the said Act hereby makes the following Regulations:

Citation and construction.

1.(1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005.

• (2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2004 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2005.

Commencement.

• (a) in so far as they relate to carer's benefit on 7 April 2005,

• (b) in so far as they relate to carer's allowance on 7 April 2005,

• (c) in so far as they relate to unemployment assistance disability allowance, pre-retirement allowance and farm assist, on 1 June 2005,

• (d) in so far as they relate to unemployment benefit retirement pension and invalidity pension on 2 June 2005,

• (e) in so far as they relate to old age (contributory pension, old age (non-contributory) pensions, blind pension, widow's or widower's (non-contributory pension, one-parent family payment, orphan's (non-contributory) pension and a relevant payment by virtue of section 18(1)(b) or (c) of the Social Welfare Act 1996 (No. 7 of 1996), on 3 June 2005, and

• (f) in so far as they relate to disability benefit, health and safety benefit, injury benefit and unemployability supplement, on 6 June 2005.

• (2) Regulation 7 comes into operation on 13 April 2005.

Definitions.

Assessment of property.

• “(c) insofar as it consists of income from property (other than property referred to in paragraph (d) of this sub article) which is invested or otherwise put to profitable use or which, though capable of investment or profitable use, is not invested or put to profitable use, by reference to the weekly value of the property, calculated as follows:

• (i) the first EUR 20,000 of the capital value of the property shall be excluded,

• (ii) the weekly value of so much of the capital value of the property as exceeds EUR 20,000 but does not exceed EUR 30,000 shall be assessed at EUR 1 per each EUR 1,000,

• (iii) the weekly value of so much of the capital value of the property as exceeds EUR 30,000 but does not exceed EUR 40,000 shall be assessed at EUR 2 per each EUR 1,000, and

• (iv) the weekly value of so much of the capital value of the property as exceeds EUR 40,000 shall be assessed at EUR 4 per each EUR 1,000.”

Income disregards - carer's benefit and carer's allowance.

• (a) in article 35E (amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment (Carers) Regulations 2003 (S.I. 121 of 2003) by the substitution in sub-articles (2) and (3) of “ 270” for “150”, and

• (b) in article 89 by substituting the following for sub-article (2):

• “(2)

  • (a) The amount prescribed for the purposes of paragraph 8 of Rule 1 of Part II of the Third Schedule to the Principal Act shall be 270 per week.

  • (b) The amount prescribed for the purposes of paragraph (1B) of Rule 4 of Part II of the Third Schedule to the Principal Act shall be 540 per week.”

Disregard of proceeds from sale of principal residence.

• “(3) The limit prescribed for the purposes of Rule 2A of Part I and Rule 2 of Part II of the Third Schedule to the Principal Act shall be 190,500.”.

Prescribed age for the purposes of benefit and privilege.

EXPLANATORY NOTE

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

These regulations provide for the following:

1.

The new method of assessment calculates the capital value of property on a weekly basis as follows:

• the first EUR 20,000 is be disregarded;

• capital between EUR 20,000 and EUR 30,000 is be assessed at EUR 1 weekly means for each EUR 1,000;

• capital between EUR 30,000 and EUR 40,000 is be assessed at EUR 2 weekly means per each EUR 1,000;

• capital above EUR 40,000 is be assessed at EUR 4 weekly means per each EUR 1,000.

2.

3.

4.

5.