LegalizeSOCIAL WELFARE LAW REFORM AND PENSIONS ACT 2006
This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.
5 amending acts · 2018-01-01, revised-IE-2006-act-5@2018-01-01
Act to amend and extend the Social Welfare Acts, the Pensions Act 1990, the Combat Poverty Agency Act 1986, the Freedom of Information Act 1997, the Taxes Consolidation Act 1997 and the Carer's Leave Act 2001
“SCHEDULE 4
Rates of Assistance
PART 1
Rates of Periodical Social Assistance and Increases
Description of assistance Weekly rate Increase for qualified adult (where payable) Increase for each qualified child (where payable) Increase for pre-scribed relative under section 183 (where payable) Increase where the person is living alone (where payable) Increase where the person has attained the age of 80 years (where payable) Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable) (1) (2) (3) (4) (5) (6) (7) (8) € € € € € € € 1. Unemployment Assistance: (a) in the case of a person to whom section 142(1)(a) applies 165.80 110.00 16.80 — — — — (b) in the case of a person to whom section 142(1)(b) applies 165.80 110.00 16.80 — — — — 2. Pre-Retirement Allowance 165.80 110.00 16.80 — — — — 3. Disability Allowance 165.80 110.00 16.80 — 7.70 — 12.70 4. State Pension (Non-Contributory) 182.00 — 19.30 114.90 7.70 10.00 12.70 5. Blind Pension 165.80 — 16.80 114.90 7.70 — 12.70 6. Widow’s (Non-Contributory) Pension, Widower’s (Non-Contributory) Pension and a payment referred to in paragraph (b) or (c) of the definition of ‘relevant payment’ in section 178 165.80 — — 114.90 — — — 7. One-Parent Family Payment 165.80 — 19.30 — — — — 8. Carer’s Allowance: (a) in the case of a person to whom section 181(1)(a) applies 270.00 — 16.80 — — 10.00 12.70 additional increase for a beneficiary who has attained pensionable age 30.00 — — — — — — (b) in the case of a person to whom section 181(1)(b) applies 180.00 — 16.80 — — 10.00 12.70 additional increase for a beneficiary who has attained pensionable age 20.00 — — — — — — 9. Orphan’s (Non-Contributory) Pension 138.00 — — — — — — 10. Supplementary Welfare Allowance 165.80 110.00 16.80 — — — — 11. Farm Assist 165.80 110.00 16.80 — — — — PART 2
Increase of State Pension (Non-Contributory) for One of a Couple Where Spouse Has Not Attained Pensionable Age
Means of claimant or pensioner Weekly rate of increase € Where the weekly means of the claimant or pensioner do not exceed €20.00 120.30 exceed €20.00 but do not exceed €22.50 118.60 exceed €22.50 but do not exceed €25.00 117.00 exceed €25.00 but do not exceed €27.50 115.30 exceed €27.50 but do not exceed €30.00 113.70 exceed €30.00 but do not exceed €32.50 112.00 exceed €32.50 but do not exceed €35.00 110.40 exceed €35.00 but do not exceed €37.50 108.70 exceed €37.50 but do not exceed €40.00 107.10 exceed €40.00 but do not exceed €42.50 105.40 exceed €42.50 but do not exceed €45.00 103.80 exceed €45.00 but do not exceed €47.50 102.10 exceed €47.50 but do not exceed €50.00 100.50 exceed €50.00 but do not exceed €52.50 98.80 exceed €52.50 but do not exceed €55.00 97.20 exceed €55.00 but do not exceed €57.50 95.50 exceed €57.50 but do not exceed €60.00 93.90 exceed €60.00 but do not exceed €62.50 92.20 exceed €62.50 but do not exceed €65.00 90.60 exceed €65.00 but do not exceed €67.50 88.90 exceed €67.50 but do not exceed €70.00 87.30 exceed €70.00 but do not exceed €72.50 85.60 exceed €72.50 but do not exceed €75.00 83.90 exceed €75.00 but do not exceed €77.50 82.30 exceed €77.50 but do not exceed €80.00 80.60 exceed €80.00 but do not exceed €82.50 79.00 exceed €82.50 but do not exceed €85.00 77.30 exceed €85.00 but do not exceed €87.50 75.70 exceed €87.50 but do not exceed €90.00 74.00 exceed €90.00 but do not exceed €92.50 72.40 exceed €92.50 but do not exceed €95.00 70.70 exceed €95.00 but do not exceed €97.50 69.10 exceed €97.50 but do not exceed €100.00 67.40 exceed €100.00 but do not exceed €102.50 65.80 exceed €102.50 but do not exceed €105.00 64.10 exceed €105.00 but do not exceed €107.50 62.50 exceed €107.50 but do not exceed €110.00 60.80 exceed €110.00 but do not exceed €112.50 59.20 exceed €112.50 but do not exceed €115.00 57.50 exceed €115.00 but do not exceed €117.50 55.90 exceed €117.50 but do not exceed €120.00 54.20 exceed €120.00 but do not exceed €122.50 52.50 exceed €122.50 but do not exceed €125.00 50.90 exceed €125.00 but do not exceed €127.50 49.20 exceed €127.50 but do not exceed €130.00 47.60 exceed €130.00 but do not exceed €132.50 45.90 exceed €132.50 but do not exceed €135.00 44.30 exceed €135.00 but do not exceed €137.50 42.60 exceed €137.50 but do not exceed €140.00 41.00 exceed €140.00 but do not exceed €142.50 39.30 exceed €142.50 but do not exceed €145.00 37.70 exceed €145.00 but do not exceed €147.50 36.00 exceed €147.50 but do not exceed €150.00 34.40 exceed €150.00 but do not exceed €152.50 32.70 exceed €152.50 but do not exceed €155.00 31.10 exceed €155.00 but do not exceed €157.50 29.40 exceed €157.50 but do not exceed €160.00 27.80 exceed €160.00 but do not exceed €162.50 26.10 exceed €162.50 but do not exceed €165.00 24.50 exceed €165.00 but do not exceed €167.50 22.80 exceed €167.50 but do not exceed €170.00 21.20 exceed €170.00 but do not exceed €172.50 19.50 exceed €172.50 but do not exceed €175.00 17.80 exceed €175.00 but do not exceed €177.50 16.20 exceed €177.50 but do not exceed €180.00 14.50 exceed €180.00 but do not exceed €182.50 12.90 exceed €182.50 but do not exceed €185.00 11.20 exceed €185.00 but do not exceed €187.50 9.60 exceed €187.50 but do not exceed €190.00 7.90 exceed €190.00 but do not exceed €192.50 6.30 exceed €192.50 but do not exceed €195.00 4.60 exceed €195.00 but do not exceed €197.50 3.00 exceed €197.50 Nil PART 3
Increase of Blind Pension for One of a Couple Where Spouse Has Not Attained Pensionable Age
Means of claimant or pensioner Weekly rate of increase € Where the weekly means of the claimant or pensioner do not exceed €7.60 110.00 exceed €7.60 but do not exceed €10.10 108.30 exceed €10.10 but do not exceed €12.60 106.70 exceed €12.60 but do not exceed €15.10 105.00 exceed €15.10 but do not exceed €17.60 103.40 exceed €17.60 but do not exceed €20.10 101.70 exceed €20.10 but do not exceed €22.60 100.00 exceed €22.60 but do not exceed €25.10 98.40 exceed €25.10 but do not exceed €27.60 96.70 exceed €27.60 but do not exceed €30.10 95.10 exceed €30.10 but do not exceed €32.60 93.40 exceed €32.60 but do not exceed €35.10 91.80 exceed €35.10 but do not exceed €37.60 90.10 exceed €37.60 but do not exceed €40.10 88.40 exceed €40.10 but do not exceed €42.60 86.80 exceed €42.60 but do not exceed €45.10 85.10 exceed €45.10 but do not exceed €47.60 83.50 exceed €47.60 but do not exceed €50.10 81.80 exceed €50.10 but do not exceed €52.60 80.10 exceed €52.60 but do not exceed €55.10 78.50 exceed €55.10 but do not exceed €57.60 76.80 exceed €57.60 but do not exceed €60.10 75.20 exceed €60.10 but do not exceed €62.60 73.50 exceed €62.60 but do not exceed €65.10 71.90 exceed €65.10 but do not exceed €67.60 70.20 exceed €67.60 but do not exceed €70.10 68.50 exceed €70.10 but do not exceed €72.60 66.90 exceed €72.60 but do not exceed €75.10 65.20 exceed €75.10 but do not exceed €77.60 63.60 exceed €77.60 but do not exceed €80.10 61.90 exceed €80.10 but do not exceed €82.60 60.20 exceed €82.60 but do not exceed €85.10 58.60 exceed €85.10 but do not exceed €87.60 56.90 exceed €87.60 but do not exceed €90.10 55.30 exceed €90.10 but do not exceed €92.60 53.60 exceed €92.60 but do not exceed €95.10 51.90 exceed €95.10 but do not exceed €97.60 50.30 exceed €97.60 but do not exceed €100.10 48.60 exceed €100.10 but do not exceed €102.60 47.00 exceed €102.60 but do not exceed €105.10 45.30 exceed €105.10 but do not exceed €107.60 43.70 exceed €107.60 but do not exceed €110.10 42.00 exceed €110.10 but do not exceed €112.60 40.30 exceed €112.60 but do not exceed €115.10 38.70 exceed €115.10 but do not exceed €117.60 37.00 exceed €117.60 but do not exceed €120.10 35.40 exceed €120.10 but do not exceed €122.60 33.70 exceed €122.60 but do not exceed €125.10 32.00 exceed €125.10 but do not exceed €127.60 30.40 exceed €127.60 but do not exceed €130.10 28.70 exceed €130.10 but do not exceed €132.60 27.10 exceed €132.60 but do not exceed €135.10 25.40 exceed €135.10 but do not exceed €137.60 23.80 exceed €137.60 but do not exceed €140.10 22.10 exceed €140.10 but do not exceed €142.60 20.40 exceed €142.60 but do not exceed €145.10 18.80 exceed €145.10 but do not exceed €147.60 17.10 exceed €147.60 but do not exceed €150.10 15.50 exceed €150.10 but do not exceed €152.60 13.80 exceed €152.60 but do not exceed €155.10 12.10 exceed €155.10 but do not exceed €157.60 10.50 exceed €157.60 but do not exceed €160.10 8.80 exceed €160.10 but do not exceed €162.60 7.20 exceed €162.60 but do not exceed €165.10 5.50 exceed €165.10 but do not exceed €167.60 3.80 exceed €167.60 but do not exceed €170.10 2.20 exceed €170.10 Nil PART 4
Amounts of Child Benefit
Amount for each of first two children Amount for each child in excess of 2 (1) (2) €150.00 €185.00 ”.
SCHEDULE 3 State Pension (non-contributory) — Consequential Amendments to Principal Act
| Provision or Instrument Affected | Amendment |
| (1) | (2) |
| Section 4(4)(a) | Substitute “Rule 2(3) of Part 3, Rule 2 of Part 4 and Rule 2(3) of Part 5” for “Rule 2(3) of Part 3 and Rule 2 of Part 4”. |
| Section 4(5) | Substitute “Rule 7 of Part 3, Rule 2(a) of Part 4 or Rule 7 of Part 5” for “Rule 7 of Part 3 or Rule 2(a) of Part 4”. |
| Sections 2(4), 7(2)(e), 7(2)(f), 134(3) (in the definition of “pensioner”), 139(1)(c), 144(2)(a), 157(1), 217(1), 241(2)(c), 244(1)(c)(i), 248(1)(i), 249(8) and (9) and 287(1) Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994) Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996) | Substitute “State pension (non-contributory)” for “old age (non-contributory) pension” in each place where it occurs. |
| Sections 124(1)(c), 134(3) (in the definition of “qualified adult”) and 249(7) Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994) Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996) | Substitute “a State pension (non-contributory)” for “an old age (non-contributory) pension” in each place where it occurs. |
| The definition of “weekly means” in sections 162(1), 172(1) and 179(1) | Substitute “Part 5” for “Part 3”. |
| Sections 162(2)(a), 172(2)(a), 179(3) and 186(2)(b)(i) | Substitute “Part 5” for “Part 3”. |
| Section 221 | Substitute “Part 4” for “Part 6” in each place where it occurs. |
| Section 246(3) | Substitute “153(c)” for “154(c)”. |
| Table 1 of Schedule 3 | Substitute “Rule 1(1)(a) of Part 2, Rule 1(1)(a) of Part 3 and Rule 1(1)(a) of Part 5” for “Rule 1(1)(a) of Part 2 and Rule 1(1)(a) of Part 3”. |
| Social Welfare (Rent Allowance) Regulations 1998 (S.I. No. 188 of 1998) | Substitute “State pension (non-contributory)” for “old age pension” in each place where it occurs. |
SCHEDULE 4 State Pension (non-contributory) — Assessment of Means
“PART 3
Section 153.
STATE PENSION (NON-CONTRIBUTORY)
Subject to paragraphs (2) and (3), in calculating the means of a person, account shall be taken of the following:
(1) other than in the circumstances and subject to the conditions and for the periods that may be prescribed, the weekly value of property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him or her) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use and the weekly value, calculated in accordance with Table 1 to this Schedule, constitutes the weekly means of a person from that property, but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;
(2) all income in cash (including the net cash value of such non-cash benefits as may be prescribed), and the income received by a qualified child or qualified children that may be prescribed which the person may reasonably expect to receive during the year succeeding the date of calculation, but—
(a) excluding the amounts at references 1 to 19 in Table 2 to this Schedule, and
(b) excluding—
(i) any moneys received by way of maintenance payments (including maintenance payments made to or in respect of a qualified child) in so far as they do not exceed the annual housing costs actually incurred by the person subject to the maximum amount that may be prescribed, together with one-half of any amount of maintenance payment in excess of the amount disregarded in respect of housing costs actually incurred (if any),
(ii) any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920,
(iii) any moneys received under a scheme administered by the Minister for Agriculture and Food and known as the Early Retirement Scheme from Farming operated under Council Regulation (EEC) No. 2079/92 of 30 July 1992 2, or Council Regulation (EC) No. 1257/99 of 17 May 1999 3,
(iv) any moneys received in respect of rent from a person who resides with the claimant or beneficiary and but for the residence of the person the claimant or beneficiary would reside alone,
(v) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person or a farm of land leased by him or her),
(vi) the prescribed amount of any earnings from employment, subject to the circumstances and conditions that may be prescribed,
(vii) in the case of a blind person, the amount that may be prescribed of his or her earnings from employment of a rehabilitative nature,
(viii) in the case of a blind person, his or her wages or profit from any form of self-employment, except and in so far as the annual amount of those earnings is calculated to exceed an amount made up as follows—
€400, plus €265 if the person’s spouse is living with or is wholly or mainly maintained by him or her or, being a single person, widow or widower, is maintaining wholly or mainly a person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with the person, plus €133 for each qualified child normally residing with the person of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,
(ix) in the case of a person who has a qualified child who normally resides with him or her, his or her wages or profit from any form of self-employment, except and in so far as the annual amount of those earnings is calculated to exceed €133 for each such child of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,
(x) an amount of €2,540 together with one-half of any amount in excess of €2,540 received under the following schemes:
(I) the Rural Environment Protection Scheme administered by the Minister for Agriculture and Food;
(II) the Special Areas of Conservation Scheme administered by the Minister for Community, Rural and Gaeltacht Affairs,
and that income shall, in the absence of other means for ascertaining it, be taken to be that actually received during the year immediately before the date of calculation but where that income is attributable to a period before the year immediately preceding the date of calculation but is received in a subsequent year, it shall be regarded for the purposes of this paragraph as having been received in the year to which it is attributable;
(3) the yearly value of any advantage accruing to the person from—
(a) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by the person, and
(b) a farm of land leased by the person.
(1) Subject to paragraph (2), if it appears that any person has, whether before or after the commencement of this Act, directly or indirectly deprived himself or herself of any income or property in order to qualify himself or herself for the receipt of the pension in question, or for the receipt of the pension at a higher rate than that to which he or she would otherwise be entitled, that income or the value of that property shall for the purposes of these Rules be taken to be part of the means of that person.
(2) Paragraph (1) shall not apply to any assignment—
(a) which is an assignment to a child or children of the assignor, and
(b) which is an assignment of property consisting of a farm of land (together with or without the stock and chattels thereon) and of which the assignor is the owner and the occupier or the occupier only.
(3) In the case of a person to whom paragraph (1) applies, where the income or the value of the property taken to be part of his or her means for the purposes of that paragraph has reduced since the date of calculation, the calculation may be revised, subject to the conditions and in the circumstances that may be prescribed, but regulations made under this paragraph shall not cause the income or the value of the property taken to be part of his or her means to be increased.
(4) For the purposes of this Rule, ‘assignment’ includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.
(1) Notwithstanding this Schedule and subject to paragraph (2), the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together, the spouse of the claimant or beneficiary where the spouse has attained pensionable age, shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant, beneficiary or pensioner.
(2) Paragraph (1) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.
(1) The following apply when calculating the means of a person who is one of a couple living together:
(a) the means of the person shall be taken to be one-half of the total means of the couple;
(b) the person is deemed to be entitled to one-half of all property to which the person or the other member of the couple is entitled or to which the person and the other member of the couple are jointly entitled;
(c) for the purposes of this Rule, the means of each member of the couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate, as the case may be) and the total means shall be the sum of the means of each member as so determined;
(d) where one member of the couple dies, nothing which was reckoned for the purposes of pension, or would (if the deceased member had been entitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period before or part of which was before that death.
(2) In this Rule ‘couple’ means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.
(3) In calculating the means of a person who is one of a married couple living apart from his or her spouse, any sum paid by him or her to his or her spouse under a separation order shall be deducted in calculating his or her means.
(1) Notwithstanding these Rules, where—
(a) a State pension (non-contributory) is in course of payment to or in respect of a person or the spouse of the person or both of them, and
(b) a pension or pensions (in this Rule referred to as ‘the other pension’), not being a State pension (non-contributory), is in course of payment to or in respect of the person or the spouse of the person or both of them,
in calculating the means of the person or of the spouse or of both of them for the purposes of State pension (non-contributory), any portion of the amount of an increase in the other pension or the aggregate increase, where more than one increase in the other pension has occurred, which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount by which the other pension has been increased, shall not be reckoned as means.
(2) Any amount excluded from the calculation of means in accordance with reference 16 in Table 2 to this Schedule shall be subject to Rule 5(1).
Notwithstanding this Schedule, the amount of any allowance, special allowance, dependent’s allowance, disability pension or wound pension under the Army Pensions Acts 1923 to 1980, or pension under the Military Service Pensions Acts 1924 to 1964, arising out of service in the period commencing on 23 April 1916 and ending on 30 September 1923, or pension under the Connaught Rangers (Pensions) Acts 1936 to 1964, shall be disregarded in the calculation of means for the purposes of Chapter 4 of Part 3.
The Minister may by regulations vary Rule 1(1) and Table 1 to this Schedule in relation to the calculation of the weekly value of property belonging to a person.”.
SCHEDULE 5 Blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension and orphan’s (non-contributory) pension, one-parent family payment and carer’s allowance — Assessment of Means
“PART 5
Sections 161A, 168, 172 and 179.
BLIND PENSION, WIDOW’S (NON-CONTRIBUTORY) PENSION, WIDOWER’S (NON-CONTRIBUTORY) PENSION, ORPHAN’S (NON-CONTRIBUTORY) PENSION, ONE-PARENT FAMILY PAYMENT AND CARER’S ALLOWANCE
Subject to paragraphs (2) and (3), in calculating the means of a person, account shall be taken of the following:
(1) other than in the circumstances and subject to the conditions and for the periods that may be prescribed, the weekly value of property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him or her) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use and the weekly value, calculated in accordance with Table 1 to this Schedule, constitutes the weekly means of a person from that property, but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;
(2) all income in cash (including, in the case of widow’s (non-contributory) pension, widower’s (non-contributory) pension, orphan’s (non-contributory) pension and one-parent family payment, the net cash value of such non-cash benefits as may be prescribed), and the income received by a qualified child or qualified children that may be prescribed which the person may reasonably expect to receive during the year succeeding the date of calculation, but—
(a) excluding the amounts at references 1 to 19 in Table 2 to this Schedule, and
(b) excluding—
(i) in the case of blind pension or one-parent family payment, any moneys received by way of a maintenance grant,
(ii) in the case of blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension or one-parent family payment, any moneys received by way of maintenance payments (including maintenance payments made to or in respect of a qualified child) in so far as they do not exceed the annual housing costs actually incurred by the person subject to the maximum amount that may be prescribed, together with one-half of any amount of maintenance payment in excess of the amount disregarded in respect of housing costs actually incurred (if any),
(iii) in the case of one-parent family payment, any moneys, subject to the limit that may be prescribed, received by way of repayment of expenses necessarily incurred in relation to travel and meals while undergoing a course of education, training or development approved by the Minister,
(iv) in the case of a blind person, any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920,
(v) for the purposes of widow’s (non-contributory) pension or widower’s (non-contributory) pension, any moneys received in respect of rent from a person who resides with the claimant or beneficiary and but for the residence of the person the claimant or beneficiary would reside alone,
(vi) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person or a farm of land leased by him or her),
(vii) in the case of widow’s (non-contributory) pension, widower’s (non-contributory) pension or a payment referred to in paragraph (b) or (c) in the definition of ‘relevant payment’ in section 178, the prescribed amount of any earnings from employment, subject to the circumstances and conditions that may be prescribed,
(viii) in the case of one-parent family payment, subject to paragraph (4), any moneys received by way of earnings (including wages and profit from any form of self-employment),
(ix) in the case of a blind person, his or her earnings (including wages and profit from any form of self-employment) other than employment of a rehabilitative nature, except and in so far as the annual amount of those earnings is calculated to exceed an amount made up as follows—
€400, plus €265 if the person’s spouse is living with or is wholly or mainly maintained by him or her or, being a single person, widow or widower, is maintaining wholly or mainly a person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with the person, plus €133 for each qualified child normally residing with the person of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,
(x) in the case of a blind person, the amount that may be prescribed of his or her earnings from employment of a rehabilitative nature,
(xi) in the case of a person who is in receipt of orphan’s (non-contributory) pension or carer’s allowance and who has a qualified child who normally resides with him or her, his or her earnings (including wages and profit from any form of self-employment), except and in so far as the annual amount of those earnings is calculated to exceed €133 for each such child of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,
and that income shall, in the absence of other means for ascertaining it, be taken to be that actually received during the year immediately before the date of calculation but where that income is attributable to a period before the year immediately preceding the date of calculation but is received in a subsequent year, it shall be regarded for the purposes of this paragraph as having been received in the year to which it is attributable;
(3) the yearly value of any advantage accruing to the person from—
(a) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by the person, and
(b) a farm of land leased by the person;
(4)
(a) subject to subparagraph (b), in the case of one-parent family payment, the gross weekly earnings (including wages and profit from any form of self-employment), calculated or estimated in the manner that may be prescribed constitute the weekly means of that parent from earnings for the purposes of Chapter 7 of Part 3;
(b) in calculating the gross weekly earnings for the purposes of subparagraph (a), an amount of €146.50 together with half the gross weekly earnings in excess of that amount shall be disregarded;
(5) in the case of carer’s allowance, in calculating the weekly means of a carer who is not one of a couple (other than means derived from a social security payment payable under the legislation of another state), that amount that may be prescribed shall be disregarded;
(6) in the case of carer’s allowance, the amount that the Minister determines that the relevant person (as defined in section 179) could reasonably be expected to contribute to the support of the carer but in determining that amount, no account shall be taken of any sums received by the relevant person under Part 2, 3 or 4.
(1) Subject to paragraph (2), if it appears that any person has, whether before or after the commencement of this Act, directly or indirectly deprived himself or herself of any income or property in order to qualify himself or herself for the receipt of the pension or allowance in question, or for the receipt of the pension or allowance at a higher rate than that to which he or she would otherwise be entitled, that income or the value of that property shall for the purposes of these Rules be taken to be part of the means of that person.
(2) Paragraph (1) shall not apply to any assignment—
(a) which is an assignment to a child or children of the assignor, and
(b) which is an assignment of property consisting of a farm of land (together with or without the stock and chattels thereon) and of which the assignor is the owner and the occupier or the occupier only.
(3) In the case of a person to whom paragraph (1) applies, where the income or the value of the property taken to be part of his or her means for the purposes of that paragraph has reduced since the date of calculation, the calculation may be revised, subject to the conditions and in the circumstances that may be prescribed, but regulations made under this paragraph shall not cause the income or the value of the property taken to be part of his or her means to be increased.
(4) For the purposes of this Rule, ‘assignment’ includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.
(1) Notwithstanding this Schedule and subject to paragraph (2), for the purposes of blind pension, the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together, the spouse of the claimant or beneficiary where the spouse has attained pensionable age, shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant, beneficiary or pensioner.
(2) Paragraph (1) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.
(1) In the case of a blind pension or a carer’sallowance, the following apply when calculating the means of a person who is one of a couple living together:
(a) the means of the person shall be taken to be one-half of the total means of the couple;
(b) the person is deemed to be entitled to one-half of all property to which the person or the other member of the couple is entitled or to which the person and the other member of the couple are jointly entitled;
(c) for the purposes of this Rule, the means of each member of the couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate or carer’s allowance, as the case may be) and the total means shall be the sum of the means of each member as so determined;
(d) where one member of the couple dies, nothing which was reckoned for the purposes of pension, or would (if the deceased member had been entitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period before or part of which was before that death.
(2) In the case of carer’s allowance, in calculating the means of the other member of the couple for the purposes of paragraph (1) the following shall be disregarded—
(a) an amount, not exceeding the maximum amount set out in column (2), reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state, and
(b) an amount, not exceeding half the amount set out in column (4), reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state in respect of each qualified child for whom an increase is granted under section 181(1).
(3) In the case of carer’s allowance, in calculating the weekly means of the couple (other than means derived from a social security payment payable under the legislation of another state), the amount that may be prescribed shall be disregarded.
(4) In this Rule ‘couple’ means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.
(5) In calculating the means of a person who is one of a married couple living apart from his or her spouse, any sum paid by him or her to his or her spouse under a separation order shall be deducted in calculating his or her means.
(1) Notwithstanding these Rules, where—
(a) blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, orphan’s (non-contributory) pension, one-parent family payment or carer’s allowance is in course of payment to or in respect of a person or the spouse of the person or both of them, and
(b) a pension or pensions (in this Rule referred to as ‘the other pension’), not being a pension or pensions mentioned in paragraph (a), is in course of payment to or in respect of the person or the spouse of the person or both of them,
in calculating the means of the person or of the spouse or of both of them for the purposes of blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, orphan’s (non-contributory) pension, one-parent family payment or carer’s allowance (as the case may require), any portion of the amount of an increase in the other pension or the aggregate increase, where more than one increase in the other pension has occurred, which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount by which the other pension has been increased, shall not be reckoned as means.
(2) Any amount excluded from the calculation of means in accordance with reference 16 in Table 2 to this Schedule shall be subject to Rule 5(1).
Notwithstanding this Schedule, the amount of any allowance, special allowance, dependent’s allowance, disability pension or wound pension under the Army Pensions Acts 1923 to 1980, or pension under the Military Service (Pensions) Acts 1924 to 1964, arising out of service in the period commencing on 23 April 1916 and ending on 30 September 1923, or pension under the Connaught Rangers (Pensions) Acts 1936 to 1964, shall be disregarded in the calculation of means for the purposes of Chapters 5 to 8 of Part 3.
The Minister may by regulations vary Rule 1(1) and Table 1 to this Schedule in relation to the calculation of the weekly value of property belonging to a person.”.
SCHEDULE 6 Early Childcare Supplement — Consequential Amendments to Principal Act
| Provision Affected | Amendment |
| (1) | (2) |
| Sections 2(1) in the definition of “social welfare inspector”, 250(1) and (7), 320(b) and 334(1) and reference 1 of Table 2 to Schedule 3 | Substitute “4, 4A” for “4” in each place where it occurs. |
| Sections 2(1) in the definition of “beneficiary” and “claimant”, 244(1)(c)(iii), 285(1), 292(1), 302, 319, 334, 335, 336, 337, 338, 341(9) and 342 | Substitute “child benefit, early childcare supplement” for “child benefit” in each place where it occurs. |
| Sections 250(2)(c), 251(4) and 251(5) | Substitute “child benefit or early childcare supplement” for “child benefit” in each place where it occurs. |
| Section 287(1) | Substitute “unemployment assistance, child benefit and early childcare supplement” for “unemployment assistance and child benefit”. |
| Section 341(8) | (a) Substitute “Any child benefit or early childcare supplement” for “Any child benefit”. (b) Insert “or early childcare supplement” after “of child benefit”. |
SCHEDULE 7 Miscellaneous Amendments to Principal Act
| Provision Affected | Amendment |
| (1) | (2) |
| Section 3(10) | Substitute “150(3), 152, 158, 161,” for “150(3), 158”. |
| Section 38(1) | Substitute “section 13(2)(b)” for “section 13(2)(d)”. |
| Section 109(16) | Delete “and who does not have an entitlement to an old age (contributory) pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities or by virtue of a reciprocal arrangement under the provisions of section 287”. |
| Section 152 | Substitute the following for the definition of “spouse”: “ ‘spouse’ includes a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State;”. |
| Section 219(2) | Substitute “subsection (1)(c)” for “subsection (1)”. |
| Section 250(2) | (a) Insert “, or an application for, or the use of, a personal public service number in accordance with sections 262 to 271 and any question arising on or in relation to that application or use,” after “in relation to that benefit”. (b) In paragraph (d) delete “and”. (c) In paragraph (e) insert “and” after “benefit,”. (d) Insert the following after paragraph (e): “(f) a person who has sought the allocation of a personal public service number within the meaning of section 262 or a person to whom such a number has been allocated,”. |
| Section 328 | Substitute the following for that section: |
| --- | --- |
| “Certificate by deciding officer, appeals officer or by an employee of the Executive. | |
| --- | --- |
| Section 345 | Substitute “22” for “21” in each place where it occurs. |
SCHEDULE 8 Miscellaneous Amendments to Pensions Act 1990
| Item | Provision Affected | Amendment |
| 1. | Section 2(1) | (a) In the definition of “scheme” insert “and section 121” after “Part VII”. (b) In the definition of “trustees”, insert “59A,” after “59,”. |
| 2. | Section 5 | Insert the following after subsection (2): “(2A) The power to make regulations under this section includes power to make provision by regulation to give effect to— (a) any provision of the Treaties of the European Communities, or (b) any act adopted by an institution of the European Communities which regulates any of the matters to which this Act applies.”. |
| 3. | Section 35 | In subsection (1), substitute “section 34(3)(b) or (d)” for “section 34(3)(b)”. |
| 4. | Section 43(1) | (a) In paragraph (c), substitute “2007, and” for “2007.”. (b) Insert the following after paragraph (c): “(d) in the case of a scheme which has been excluded, in whole or in part, from the application of this Part by virtue of regulations made under section 52 and which is no longer so excluded, not later than 6 months after the date on which the exclusion ceases to apply.”. |
| 5. | Section 54(4) | Insert the following after paragraph (c): “(d) The Minister may make regulations providing that some or all of the information required to be disclosed in accordance with this section shall be prepared in accordance with the advice of an actuary and any applicable professional guidance issued by the Society of Actuaries in Ireland and specified in the regulations or with any applicable guidance issued by any other person (including the Minister) and specified in the regulations.”. |
| 6. | Section 55 | (a) In subsection (2), substitute the following for paragraph (c): “(c) where so prescribed and to such extent as may be prescribed, a small scheme the winding up of which has commenced, unless, in accordance with the regulations prescribing the class of scheme for the purpose of this paragraph, the Board considers it necessary or appropriate and in the interests of the members of the scheme having regard to the circumstances of any particular case that subsection (1) should apply in whole or in part.”, (b) In subsection (4), substitute “at the effective date of the next actuarial funding certificate or, where applicable, any later date specified under section 49(3)” for “at the effective date of the next actuarial funding certificate”. (c) In subsection (5), substitute “at the effective date of the next actuarial funding certificate or, where applicable, any later date specified under section 49(3)” for “at the effective date of the next actuarial funding certificate”. |
| 7. | Section 56(6)(b) | In subparagraphs (iv) and (v), substitute “small scheme” for “scheme” in each place where it occurs. |
| 8. | Section 91 | In the definition of “contributor”, substitute “on a winding up or on making a transfer payment in accordance with section 35” for “on a winding up”. |
| 9. | Section 121 | In subsection (10), insert the following after the definition of “excluded employee”: “ ‘scheme’ means an occupational pension scheme and an overseas pension scheme within the meaning of section 770(1) of the Taxes Consolidation Act 1997.”. |
| 10. | Section 149 | Substitute the following for subsection (4): “(4) The conditions of authorisation are that— (a) the trustees and the scheme comply with the provisions of this Act applicable to the trustees and the scheme and, in the case of a small scheme, comply with subsection (3), and (b) the trustees and the scheme comply with any other conditions that may be prescribed.”. |
SCHEDULE 9 Amendments to Carer’s Leave Act 2001
| Provision Affected (1) | Amendment (2) |
| Sections 6(1), 7(4)(a) and (b) and 8(1) | Substitute “104 weeks” for “65 weeks” in each place where it occurs. |
| Section 7(4) | Substitute “208 weeks” for “130 weeks”. |
Footnotes
OJ No. L149, 05.07.1971, p. 2.
OJ No. L215, 30.07.92, p. 91.
OJ No. L160, 26.06.99, p. 80.
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