LegalizeS.I. No. 571/2006 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
1 amending act · 2007-04-06, S.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007
“SCHEDULE 4
Articles 6D, 38 and 41
Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has attained pensionable age
Spouse's earnings: Yearly Average 48-52 Yearly Average 20-47 Yearly Average 15-19 Yearly Average 10-14 Yearly Average 5-9 (1) (2) (3) (4) (5) (6) € € € € € Less than or equal to €100.00 149.30 149.30 112.00 74.70 37.30 Exceed €100.01 but do not exceed €110.00 140.00 140.00 105.00 70.10 35.00 Exceed €110.01 but do not exceed €120.00 130.70 130.70 98.00 65.50 32.70 Exceed €120.01 but do not exceed €130.00 121.40 121.40 91.00 60.90 30.40 Exceed €130.01 but do not exceed €140.00 112.10 112.10 84.00 56.30 28.10 Exceed €140.01 but do not exceed €150.00 102.80 102.80 77.00 51.70 25.80 Exceed €150.01 but do not exceed €160.00 93.50 93.50 70.00 47.10 23.50 Exceed €160.01 but do not exceed €170.00 84.20 84.20 63.00 42.50 21.20 Exceed €170.01 but do not exceed €180.00 74.90 74.90 56.00 37.90 18.90 Exceed €180.01 but do not exceed €190.00 65.60 65.60 49.00 33.30 16.60 Exceed €190.01 but do not exceed €200.00 56.30 56.30 42.00 28.70 14.30 Exceed €200.01 but do not exceed €210.00 47.00 47.00 35.00 24.10 12.00 Exceed €210.01 but do not exceed €220.00 37.70 37.70 28.00 19.50 9.70 Exceed €220.01 but do not exceed €230.00 28.40 28.40 21.00 14.90 7.40 Exceed €230.01 but do not exceed €240.00 19.10 19.10 14.00 10.30 5.10 Exceed €240.01 but do not exceed €250.00 9.80 9.80 7.00 5.70 2.80 Exceed €250.00 nil nil nil nil nil ”.
SCHEDULE 5
“SCHEDULE 5
Articles 6D, 38 & 41
Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has not attained pensionable age
Spouse's earnings: Yearly Average 48-52 Yearly Average 20-47 Yearly Average 15-19 Yearly Average 10-14 Yearly Average 5-9 (1) (2) (3) (4) (5) (6) € € € € € Less than or equal to €100.00 128.80 128.80 96.60 64.40 32.20 Exceed €100.01 but do not exceed €120.80 120.80 120.80 90.60 60.40 30.20 Exceed €110.01 but do not exceed €120.00 112.80 112.80 84.60 56.40 28.20 Exceed €120.01 but do not exceed €130.00 104.80 104.80 78.60 52.40 26.20 Exceed €130.01 but do not exceed €140.00 96.80 96.80 72.60 48.40 24.20 Exceed €140.01 but do not exceed €150.00 88.80 88.80 66.60 44.40 22.20 Exceed €150.01 but do not exceed €160.00 80.80 80.80 60.60 40.40 20.20 Exceed €160.01 but do not exceed €170.00 72.80 72.80 54.60 36.40 18.20 Exceed €170.01 but do not exceed €180.00 64.80 64.80 48.60 32.40 16.20 Exceed €180.01 but do not exceed €190.00 56.80 56.80 42.60 28.40 14.20 Exceed €190.01 but do not exceed €200.00 48.80 48.80 36.60 24.40 12.20 Exceed €200.01 but do not exceed €210.00 40.80 40.80 30.60 20.40 10.20 Exceed €210.01 but do not exceed €220.00 32.80 32.80 24.60 16.40 8.20 Exceed €220.01 but do not exceed €230.00 24.80 24.80 18.60 12.40 6.20 Exceed €230.01 but do not exceed €240.00 16.80 16.80 12.60 8.40 4.20 Exceed €240.01 but do not exceed €250.00 8.80 8.80 6.60 4.40 2.20 Exceed €250.00 nil nil nil nil nil ”.
SCHEDULE 6
“SCHEDULE 6
Articles 38 & 41
Rates of tapered qualified adult allowance payable with State Pension (Contributory) and State Pension (Transition) where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001
Spouse's earnings: Increase for Qualified Adult (over 66) Increase for Qualified Adult (under 66) (1) (2) (3) € € Less than or equal to €100.00 116.30 107.70 Exceed €100.01 but do not exceed €110.00 108.80 100.70 Exceed €110.01 but do not exceed €120.00 101.30 93.70 Exceed €120.01 but do not exceed €130.00 93.80 86.70 Exceed €130.01 but do not exceed €140.00 86.30 79.70 Exceed €140.01 but do not exceed €150.00 78.80 72.70 Exceed €150.01 but do not exceed €160.00 71.30 65.70 Exceed €160.01 but do not exceed €170.00 63.80 58.70 Exceed €170.01 but do not exceed €180.00 56.30 51.70 Exceed €180.01 but do not exceed €190.00 48.80 44.70 Exceed €190.01 but do not exceed €200.00 41.30 37.70 Exceed €200.01 but do not exceed €210.00 33.80 30.70 Exceed €210.01 but do not exceed €220.00 26.30 23.70 Exceed €220.01 but do not exceed €230.00 18.80 16.70 Exceed €230.01 but do not exceed €240.00 11.30 9.70 Exceed €240.01 but do not exceed €250.00 3.80 2.70 Exceed €250 nil nil ”.
SCHEDULE 7
“SCHEDULE 7
Article 47
Reduced rates of State Pension (Transition) where contribution conditions are partially satisfied
Yearly Average Weekly Rate (1) (2) € 24 to 47 189.50 ”.
SCHEDULE 8
“SCHEDULE 8
Articles 56, 57, 64 and 65
Reduced rates of Widow's (Contributory) Pension, Widower's (Contributory) Pension and a payment by virtue of paragraph (a) in the definition of “relevant payment” in section 178 where contribution conditions are partially satisfied
Yearly Average Weekly Rate (under 66) Weekly Rate (over 66) (1) (2) (3) € € 36 to 47 168.90 190.20 24 to 35 165.80 185.00 18 to 23 123.20 138.70 12 to 17 81.20 92.10 5 to 11 41.10 46.10 .”
SCHEDULE 9
“SCHEDULE 9
Article 66(1)(a)
Payment by virtue of paragraph (a) in the definition of “relevant payment” in section 178 - effect of income limit
Aggregate of reckonable income and reckonable earnings Weekly Rate (under 66) Weekly Rate (over 66) (1) (2) (3) € € € Exceeds 12,698 but does not exceed 13,968 137.00 154.60 Exceeds 13,968 but does not exceed 15,237 102.80 116.00 Exceeds 15,237 but does not exceed 16,507 68.50 77.30 Exceeds 16,507 but does not exceed 17,777 34.30 38.70 .”
SCHEDULE 10
“SCHEDULE 10
Articles 66(1)(b) and 66(1)(c)
Payment by virtue of paragraph (a) in the definition of “relevant payment” in section 178 - reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is under 66
Aggregate of reckonable income and reckonable earnings Yearly Average 5 to 11 Yearly Average 12 to 17 Yearly Average 18 to 23 Yearly Average 24 to 35 Yearly Average 36 to 47 (1) (2) (3) (4) (5) (6) € € € € € € Exceeds 12,698 but does not exceed 13,968 32.90 65.00 98.60 132.60 135.10 Exceeds 13,968 but does not exceed 15,237 24.70 48.70 73.90 99.50 101.30 Exceeds 15,237 but does not exceed 16,507 16.40 32.50 49.30 66.30 67.60 Exceeds 16,507 but does not exceed 17,777 8.20 16.20 24.60 33.20 33.80 .”
SCHEDULE 11
“SCHEDULE 11
Articles 66(1)(b) and 66(1)(d)
Payment by virtue of paragraph (a) in the definition of “relevant payment” in section 178 - reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is over 66
Aggregate of reckonable income and reckonable earnings Yearly Average 5 to 11 Yearly Average 12 to 17 Yearly Average 18 to 23 Yearly Average 24 to 35 Yearly Average 36 to 47 (1) (2) (3) (4) (5) (6) € € € € € € Exceeds 12,698 but does not exceed 13,968 36.90 73.70 111.00 148.00 152.20 Exceeds 13,968 but does not exceed 15,237 27.70 55.30 83.20 111.00 114.10 Exceeds 15,237 but does not exceed 16,507 18.40 36.80 55.50 74.00 76.10 Exceeds 16,507 but does not exceed 17,777 9.20 18.40 27.70 37.00 38.00 .”
SCHEDULE 12
“SCHEDULE 12
Article 6C
Rates of increases for Qualified Adult payable with Illness Benefit, Jobseeker's Benefit, Injury Benefit, Incapacity Supplement, Jobseeker's Allowance, Pre-Retirement Allowance, Disability Allowance or Farm Assist
Qualified Adult weekly income, calculated or estimated in accordance with article 6B Increase in respect of Qualified Adult (1) (2) € Less than or equal to €100.00 110.00 Exceed €100.01 but do not exceed €110.00 104.60 Exceed €110.01 but do not exceed €120.00 99.20 Exceed €120.01 but do not exceed €130.00 92.20 Exceed €130.01 but do not exceed €140.00 85.20 Exceed €140.01 but do not exceed €150.00 78.20 Exceed €150.01 but do not exceed €160.00 71.20 Exceed €160.01 but do not exceed €170.00 64.20 Exceed €170.01 but do not exceed €180.00 57.20 Exceed €180.01 but do not exceed €190.00 50.20 Exceed €190.01 but do not exceed €200.00 43.20 Exceed €200.01 but do not exceed €210.00 36.20 Exceed €210.01 but do not exceed €220.00 29.20 Exceed €220.01 but do not exceed €230.00 22.20 Exceed €230.01 but do not exceed €240.00 15.20 Exceed €240.01 but do not exceed €250.00 8.20 Exceed €250.00 nil .”
SCHEDULE 13
“SCHEDULE 13
Articles 18 and 30
Rates of increases for Qualified Adult, payable with reduced rates of Illness and Jobseeker's Benefit
Qualified Adult weekly income, calculated or estimated in accordance with article 6B Increase in respect of Qualified Adult (1) (2) € Less than or equal to €100.00 71.30 Exceed €100.01 but do not exceed €110.00 67.00 Exceed €110.01 but do not exceed €120.00 62.70 Exceed €120.01 but do not exceed €130.00 58.40 Exceed €130.01 but do not exceed €140.00 54.10 Exceed €140.01 but do not exceed €150.00 49.80 Exceed €150.01 but do not exceed €160.00 45.50 Exceed €160.01 but do not exceed €170.00 41.20 Exceed €170.01 but do not exceed €180.00 36.90 Exceed €180.01 but do not exceed €190.00 32.60 Exceed €190.01 but do not exceed €200.00 28.30 Exceed €200.01 but do not exceed €210.00 24.00 Exceed €210.01 but do not exceed €220.00 19.70 Exceed €220.01 but do not exceed €230.00 15.40 Exceed €230.01 but do not exceed €240.00 11.10 Exceed €240.01 but do not exceed €250.00 6.80 Exceed €250.00 nil .”
SCHEDULE 14
“SCHEDULE 14
Article 6E
Rates of increases for Qualified Adult payable with Invalidity Pension
Qualified Adult weekly income, calculated or estimated in accordance with article 6B Increase in respect of Qualified Adult (under 66) Increase in respect of Qualified Adult (over 66) (1) (2) (3) € € Less than or equal to €100.00 122.20 149.30 Exceed €100.01 but do not exceed €110.00 114.70 140.00 Exceed €110.01 but do not exceed €120.00 107.20 130.70 Exceed €120.01 but do not exceed €130.00 99.70 121.40 Exceed €130.01 but do not exceed €140.00 92.20 112.10 Exceed €140.01 but do not exceed €150.00 84.70 102.80 Exceed €150.01 but do not exceed €160.00 77.20 93.50 Exceed €160.01 but do not exceed €170.00 69.70 84.20 Exceed €170.01 but do not exceed €180.00 62.20 74.90 Exceed €180.01 but do not exceed €190.00 54.70 65.60 Exceed €190.01 but do not exceed €200.00 47.20 56.30 Exceed €200.01 but do not exceed €210.00 39.70 47.00 Exceed €210.01 but do not exceed €220.00 32.20 37.70 Exceed €220.01 but do not exceed €230.00 24.70 28.40 Exceed €230.01 but do not exceed €240.00 17.20 19.10 Exceed €240.01 but do not exceed €250.00 9.70 9.80 Exceed €250 nil nil .”
SCHEDULE 15
“SCHEDULE 15
Article 104
Extension of period for payment of claims received more than 12 months after the due date
Period from date of establishment of entitlement to the date the claim was made Period by which payment shall be extended beyond that specified in section 241(2) (1) (2) Exceeds 1 year but not 2 years 50% of the number of weeks exceeding 1 year from the date claim was made Exceeds 2 year but not 3 years 40% of the number of weeks exceeding 2 years from the date claim was made plus 26 weeks Exceeds 3 year but not 4 years 30% of the number of weeks exceeding 3 years from the date claim was made plus 47 weeks Exceeds 4 year but not 5 years 20% of the number of weeks exceeding 4 years from the date claim was made plus 63 weeks Exceeds 5 years 10% of the number of weeks exceeding 5 years from the date claim was made plus 73 weeks .”
SCHEDULE 16
“SCHEDULE 16
Article 138
Island Allowance
- Each of the following shall be an island prescribed for the purposes of section 2(1):
An tOileán Ruaidh (also known as Island Roy), Co. Donegal
Árainn Mhór, Co. Donegal,
Árainn, Co. Galway,
Bere Island, Co. Cork,
Claggan Island, Co. Mayo,
Clare Island, Co. Mayo,
Cléire, Co. Cork,
Clynish, Co. Mayo,
Coney Island, Co. Sligo,
Dursey Island, Co. Cork,
Fenit Island, Co. Kerry,
Foynes Island, Co. Limerick,
Gabhla, Co. Donegal,
Heir Island (also know as Inishodriscol), Co. Cork,
Inis Bearachain, Co. Galway,
Inis Bigil, Co. Mayo,
Inis Bó Finne, Co. Donegal,
Inis Fraoich Uachtarach, Co. Donegal,
Inis Meáin, Co. Galway,
Inis Mhic Chionnaith, Co. Galway,
Inis Oírr, Co. Galway,
Inis Treabhair, Co. Galway,
Inishboffin, Co. Galway,
Inishcottle, Co. Mayo,
Inishgort, Co. Mayo,
Inishlyre, Co. Mayo,
Inishnakillew, Co. Mayo,
Inishturk Beg, Co. Mayo,
Inishturk, Co. Mayo,
Inse Ghainnimh, Co. Galway,
Islandmore, Co. Mayo,
Lambay island, Co. Dublin,
Long Island, Co. Cork,
Omey Island, Co. Galway,
Sherkin Island, Co. Cork,
Toraigh, Co. Donegal, and
Whiddy Island, Co. Cork.”.
SCHEDULE 17
Article 26
Revocations
| S.I. Number | Regulations | Extent of Revocation |
| (1) | (2) | (3) |
| S.I. No. 155 of 1997 | Social Welfare (Miscellaneous Control Provisions) Regulations 1997 | The whole Regulations |
| S.I. No. 468 of 1998 | Social Welfare (Miscellaneous Control Provisions) (Amendment) Regulations 1998 | The whole Regulations |
| S.I. No. 138 of 1999 | Social Welfare (Liable Relative) Regulations 1999 | The whole Regulations |
| S.I. No. 314 of 2000 | Social Welfare (Liable Relative) (Amendment) Regulations 2000 | The whole Regulations |
| S.I. No. 327 of 2001 | Social Welfare (Miscellaneous Control Provisions) (Amendment) Regulations 2001 | The whole Regulations |
| S.I. No. 615 of 2001 | Social Welfare (Liable Relative) (Amendment) (Euro) Regulations 2001 | The whole Regulations |
| S.I. No. 349 of 2005 | Social Welfare (Recovery of Overpayments) Regulations 2005 | The whole Regulations |
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations provide for a number of amendments to the Social Welfare (Consolidated Claims and Payments Provisions) Regulations 1994 (as amended) in advance of further consolidation later this year. In the main, the amendments contained in these regulations replicate provisions in force in other Statutory Instruments. These regulations will facilitate, upon completion of consolidation, the production of a single, accessible and coherent document, containing provisions relating to scheme claims, payments and control, set out in Statutory Instruments, applicable to the Social Welfare Code.
Article 4 provides for minor technical amendments consequential on the alignment of the income tax and calendar years.
Article 5 provides for the amendment of obsolete terms by replacing the word “handicapped” with “disabled” or “restricted” where appropriate.
Articles 6, 7 and 25 provide for restructuring of the Schedules appended to the regulations in addition to a consequential technical amendment.
Article 8 incorporates the “Rules of Behaviour” currently contained in Schedule A into the main text of the regulations. Accordingly, Schedule A is deleted.
Article 9 provides for the substitution of certain monetary amounts with their Euro equivalent.
Articles 10 and 11 provide for the extension of the maximum period, from 4 weeks to 8 weeks, for which Maternity Benefit may be paid in the event of resumption of postponed maternity leave and clarify the conditions regarding disqualification for Maternity Benefit.
Article 12 clarifies that, for the purposes of Adoptive Benefit, the average reckonable weekly earnings, reckonable emoluments and reckonable weekly income in the relevant tax year shall be used to determine the weekly rate of benefit.
Article 13 provides for the deletion of obsolete articles 35, 67AA, 67AB, 67AC, 71 and 86C(2).
Articles 14 and 15 incorporate the “Rules of Behaviour” currently contained in Schedules F and O into the main text of the regulations. Accordingly, Schedules F and O are deleted.
Article 16 restructures the existing provisions of Chapter 7 - Miscellaneous Provisions for Assessment of Means - to reflect the recent update to the provisions governing the assessment of means in the Social Welfare Acts.
Article 17 clarifies the provisions for back dating claims in cases where incapacity and force majeure provisions are applied. Currently, a person who suffers from an incapacity or force majeure may avail of the late claims provisions when he or she recovers from the incapacity or where the force majeure ceases. This amendment clarifies that where the incapacity does not cease or where the force majeure continues to apply the applicant for benefit may also avail of the late claims provisions.
Article 18 extends the time limit, from 3 months to 6 months, for receiving Child Benefit claims in respect of additional children.
Articles 19 and 20 provide, in relation to Early Childcare Supplement (i) that the right to payment will be extinguished if it is not encashed within 6 months and (ii) extends the loss of purchasing power provisions to this scheme.
Article 21 provides, in Schedule 16, for the list of prescribed islands, for the purpose of the Island Allowance payment.
Article 22 provides for the introduction of a new Part 9 in the consolidated regulations to include the control provisions currently contained in the Social Welfare (Miscellaneous Control Provisions) Regulations 1997 ( [S.I. No. 155 of 1997](https://www.irishstatutebook.ie/1997/en/si/0155.html) ), as amended.
Article 23 provides for the insertion of a new Part 10 in the consolidated regulations to encompass the provisions governing overpayments currently contained in the Social Welfare (Recovery of Overpayments) Regulations 2005 ( [S.I. No 349 of 2005](https://www.irishstatutebook.ie/2005/en/si/0349.html) ).
Article 24 inserts a new Part 11 in the consolidated regulations to include the liable relative provisions currently contained in the Social Welfare (Liable Relative) Regulations 1999 ( [S.I. No. 138 of 1999](https://www.irishstatutebook.ie/1999/en/si/0138.html) ), as amended.
Article 26 lists the Statutory Instruments to be revoked by these regulations.
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