S.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

• (2) In the case of a person who would be entitled to treatment benefit but for the fact that he or she does have qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year, he or she shall be entitled to treatment benefit—

• (a) in the case of a person who has attained pensionable age, if he or she has qualifying contributions in respect of at least 13 contribution weeks in the contribution year preceding the relevant contribution year, and

• (b) in any other case, if he or she has qualifying contributions in respect of at least 13 contribution weeks in either of the two contribution years preceding the relevant contribution year or in a subsequent contribution year.

• (3) The contribution conditions contained in sub-paragraph 1(c)(ii) shall not apply in the case of a person who has attained pensionable age before 6 July 1992.

• (4) The contribution conditions contained in sub-paragraphs (1)(c)(i) and (1)(c)(ii) requiring the claimant to have qualifying contributions in respect of at least 260 contribution weeks between the date of his or her entry into insurance and the relevant date and qualifying or credited contributions in respect of not less than 39 contribution weeks in the relevant contribution year shall—

• (a) in respect of a person who has attained pensionable age before 1 October 1987, have effect as if “156 contribution weeks” were substituted for “260 contribution weeks”, and “26 contribution weeks” were substituted for “39 contribution weeks”, and

• (b) in respect of a person who has attained pensionable age before 6 July 1992, have effect as if “208 contribution weeks” were substituted for “260 contribution weeks”.

• (5) The contribution condition contained in clause (1)(b)(ii)(II) and (1)(c)(ii)(II) shall apply in the case of a person who—

• (a) is in receipt of—

• (i) illness benefit under Chapter 8 of Part 2 for a period of not less than 312 days in respect of any period of interruption of employment,

• (ii) carer’s benefit under Chapter 14 of Part 2,

• (iii) State pension (transition) under Chapter 16 of Part 2,

• (iv) invalidity pension under Chapter 17 of Part 2,

• (v) jobseeker’s allowance under Chapter 2 of Part 3 and is a person to whom section 142(1)(a) applies,

• (vi) pre-retirement allowance under Chapter 3 of Part 3, or

• (vii) carer’s allowance under Chapter 8 of Part 3,

or

• (b) not being in receipt of any benefit under Part 2 or assistance under Part 3, is of or over the age of 55 years and is entitled to employment contributions credited under the provisions of article 58 of the Regulations of 1996 in respect of proved unemployment.

Contribution conditions for volunteer development workers

• (a) that he or she has qualifying contributions paid in respect of not less than 26 contribution weeks in the period from his or her entry into insurance to the relevant date, and

• (b) that he or she has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the relevant contribution year.

Treatment benefit for dependent spouse

Continued benefit to dependent spouse after the death of an insured person

Continued entitlement over age 60

Reckoning of contributions paid under National Health Insurance Acts

• (2) In determining for the purposes of satisfying the contribution condition for treatment benefit contained in subparagraph (i) of article 94(1)(c), every two contributions paid by or in respect of an existing contributor under the National Health Insurance Acts shall be reckoned as three qualifying contributions paid under the Principal Act, and any odd contribution paid under the said Acts shall be reckoned as two qualifying contributions paid under the Principal Act.

Claim for treatment benefit

Limitation on benefit for a claimant who is a member of the Defence Forces

Cost of medical certificates

Time limit for obtaining treatment benefit

• (2) The Minister may, if he or she is satisfied that there are good grounds for so doing, extend the time within which any treatment, service or appliance is to be obtained.

• (3) A grant of treatment benefit which is not obtained within the time as fixed or extended by the Minister shall lapse to the extent to which the benefit has not been obtained.

• (4) The Minister may renew a grant of treatment benefit which has lapsed.

Notice of decision

• (2) The claimant shall be advised where he or she is required to pay any sum towards the cost of the treatment benefit and of the amount of such sum, if known.

Payment by the Minister

• (a) on being informed in writing by the claimant that he or she has received to his or her satisfaction the treatment, service or appliance in respect of which he or she is entitled to treatment benefit (not being benefit received in a case falling within paragraph (2)), and

• (b) the audiologist, dentist, dispensing optician, ophthalmologist or optometrist, as the case may be, has entered into an agreement with the Minister in respect of the provision of dental, optical or medical appliance treatment and that agreement is for the time being in force,

pay the sum which the Minister is liable to pay in respect of that benefit.

• (2) The Minister shall, on being informed in writing by the claimant that he or she has received to his or her satisfaction the treatment, service or appliance in another Member State in respect of which he or she is entitled to treatment benefit, pay the sum which the Minister is liable to pay in respect of that benefit.

Panels

• (a) dentists, for the purposes of dental benefit,

• (b) dispensing opticians, ophthalmologists or optometrists for the purposes of optical benefit and medical appliance benefit, and

• (c) audiologists, for the purposes of medical appliance benefit,

with whom agreements, in accordance with this Chapter, have been made by the Minister and which shall be known as the Dental Panel, the Optical Panel or the Hearing Aid Panel, as the case may be.

Limitation on dental benefit for a claimant who is a member of the Defence Forces

Amount payable in respect of dental benefit

Benefit in respect of medical appliances

Amount payable in respect of medical appliance benefit

Claims for and payment of medical appliance benefit

• (a) a recommendation from his or her medical practitioner, and

• (b) an estimate of the cost of supply or repair of appliances.

• (2) The Minister may, if he or she thinks fit, dispense with the submission of a recommendation from the medical practitioner where the benefit claimed is in respect of the repair of an appliance.

• (3) When a claim for medical appliance benefit is awarded, the Minister shall notify the claimant.

Claims for and payment of optical benefit

• (2) Where a claim for optical benefit is awarded, the Minister shall notify the claimant.

Limitation on optical benefit for claimant who is a member of the Defence Forces

Amount payable in respect of optical benefit

Sight tests

• (2) Sight tests provided by way of optical benefit shall be undertaken at the optical practitioner's normal place of business.

PART 3 Social Assistance Payments

CHAPTER 1 Jobseeker’s Allowance

Interpretation

Day of Unemployment

• (a) proves unemployment in accordance with article 118, and

• (b) does not work for wages or other remuneration, whether paid in money or otherwise.

Prescribed manner for proving unemployment

• (a) he or she has been continuously unemployed since the date of his or her application for jobseeker’s allowance, or

• (b) he or she has been unemployed or expects to be unemployed during each day in respect of which jobseeker’s allowance is claimed.

Night workers

• (a) where the first day is a Monday, Tuesday, Wednesday, Thursday or Friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday, he or she shall be regarded as being employed only on the first day, and that day shall not be treated as a day of unemployment, or

• (b) in any other case, he or she shall be regarded as being employed only on the second day, and that day shall not be treated as a day of unemployment.

Persons deemed to be available for employment

• (a) is to be treated as having been employed on one day only of 2 days, and

• (b) throughout that part of the other of those 2 days during which that person is not employed,

that person shall, for the purposes of Chapter 2 of Part 3, be deemed to be available for employment, throughout that other of those 2 days.

• (2) A person shall be deemed to be available for employment on any day in which he or she is participating in an activity where that person—

• (a) commences and continues to participate in an activity in a continuous period of unemployment,

• (b) has given prior notice to the Minister of his or her intention to participate in that activity,

• (c) is aged 21 or over, and

• (d) has been in receipt of jobseeker’s allowance, jobseeker’s benefit or jobseeker’s allowance and jobseeker’s benefit, for a period of not less than 156 days.

• (3) In the case of a person who is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health and Children for the purposes of the provision of such training) he or she shall be deemed to be available for employment on any day on which he or she is undergoing such training.

• (4) A person shall be deemed to be available for employment on any day in which he or she is participating in an activity where that person—

• (a) commences and continues to participate in an activity in a continuous period of unemployment,

• (b) has given prior notice to the Minister of his or her intention to participate in that activity,

• (c) is aged 18 years or over and under 21 years,

• (d) has, at the commencement of the activity, been in receipt of jobseeker’s benefit, jobseeker’s allowance or jobseeker’s benefit and jobseeker’s allowance, for a period of not less than 156 days, and

• (e) has not been enrolled in or attending an institute of education, for the purposes of completing a course of education or a course of instruction, within the 2 years immediately preceding the commencement of the activity.

• (5) In this article “activity” means participation by a person in a course of education, training or development approved by the Minister.

Exemption from disqualification

• (a) a mature student within the meaning of section 1 of the Local Authorities (Higher Education Grants) Act 1968 (No. 24 of 1968) (as amended by section 2 of the Local Authorities (Higher Education Grants) Act 1992 (No. 19 of 1992)), or

• (b) participating in an activity within the meaning of article 120(4).

CHAPTER 2 Pre-Retirement Allowance

Conditions for entitlement

• (2) The period prescribed for the purposes of section 149(1)(c)(ii) shall be 15 months.

• (3) A person shall be regarded as a separated spouse for the purposes of section 149(1)(c)(ii) where he or she and his or her spouse have lived apart from one another for a continuous period of 3 months preceding the date of his or her claim for pre-retirement allowance and continue to so live apart.

Period of retirement

CHAPTER 3 One-Parent Family Payment

Definition

Circumstances in which person is to be regarded as being a separated spouse

• (a) he or she and his or her spouse have lived apart from one another for a continuous period of at least 3 months immediately preceding the date of his or her claim for one-parent family payment and continue to so live apart, and

• (b) he or she makes and continues to make appropriate efforts, in the particular circumstances, to obtain maintenance from a liable relative.

Circumstances in which person is to be regarded as being an unmarried person

• (a) not being a married person, he or she is the parent of a qualified child, and

• (b) he or she makes such reasonable efforts, as may be required from time to time by an officer of the Minister, to obtain maintenance from a liable relative.

• (2) “parent”, for the purposes of this article shall include, in the case of a child who has been adopted under the Adoption Acts 1952 to 1998 or under such other form of adoption as the Minister considers appropriate in the circumstances, the adopter.

Circumstances in which person is to be regarded as being a prisoner’s spouse

• (a) is in a prison or place of detention, and

• (b) has for a period of not less than 6 months immediately preceding the date of claim been in custody by order of a Court or a responsible authority, or is committed in custody by a Court or a responsible authority for a period of not less than 6 months.

• (2) For the purposes of sub-article (1), a certificate from a responsible authority shall be accepted as evidence of the duration of a period of custody.

Residence of qualified child

• (a) the child is resident with that parent, and

• (b) that parent has the main care and charge of the child.

• (2) A qualified child who is resident in an institution shall be regarded as normally residing with the qualified parent where that parent contributes towards the cost of the child’s maintenance in the institution and with whom the child would, under sub-article (1), be regarded as normally residing if the child were not resident in an institution.

• (3) A qualified child may, in such circumstances as an officer of the Minister considers appropriate, be regarded as normally residing with the qualified parent who is resident in an institution.

• (4) In this article “institution” means—

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

• (b) any other similar establishment providing residence, maintenance or care for the persons therein, or

• (c) any prison, place of detention or other establishment to which articles 218 and 219 apply.

Continued entitlement to payment

• (2) Subject to sub-article (3), in the case of a person to whom sub-article (1) applies, one-parent family payment shall be payable at an amount equal to 50 per cent of the weekly rate payable to the qualified parent immediately before the day on which, but for this article, the qualified parent would have ceased to be entitled to the payment.

• (3) The amount payable in accordance with sub-article (2) shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

• (4) Where a person has been entitled to a payment in accordance with sub-article (1) for a period of 6 months (whether continuous or not) he or she shall not be entitled to any further payment under that sub-article.

Transfer of maintenance

CHAPTER 4 Carer’s Allowance

Interpretation

“carer” has the meaning assigned to it by section 179;

“institution” means—

• (a) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto and any other similar establishment providing residence, maintenance or care for the persons therein, or

• (b) a private dwelling wherein a person is boarded out under an arrangement with the Executive;

“relevant person” has the meaning assigned to it by section 179.

Conditions to be satisfied by carer

• (a) is not engaged in employment or self-employment outside his or her home,

• (b) has attained the age of 18 years, and

• (c) is not residing in an institution.

Conditions to be satisfied by non-resident carer

• (a) a direct system of communication must exist between the carer’s residence and that of the relevant person, and

• (b) the relevant person is not already receiving full-time care and attention within his or her own residence from a person other than the applicant.

• (2) For the purposes of sub-article (1)(a) a system of communication shall include a telephone or alarm system.

Prescribed manner for certification of disability

Medical examination

• (2) Notice of the time and place of the examination referred to in sub-article (1) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.

• (3) Subject to sub-article (4), a carer shall be disqualified for receiving carer’s allowance if and for so long as the relevant person fails without good cause to attend for or submit to medical examination in accordance with this article.

• (4) A disqualification referred to in sub-article (3) shall not commence earlier than the day on which the failure to attend for or submit to the medical examination occurs.

Circumstances in which carer is to be regarded as providing full-time care and attention

• (a) he or she would qualify for payment of an allowance but for the fact that either the carer or the relevant person is undergoing medical or other treatment of a temporary nature in an institution for a period of not longer than 13 weeks, or

• (b) the relevant person is attending—

• (i) a non-residential course of rehabilitation training provided by an organisation (being an organisation recognised by the Minister for Health and Children for the purposes of the provision of such training), or

• (ii) a non-residential place of day care approved by the Minister for Health and Children, or

• (c) subject to paragraph (d), where it is shown to the satisfaction of a deciding officer or an appeals officer that adequate provision has been made for the care of the relevant person, a carer may—

• (i) engage in employment, or

• (ii) engage in self-employment, or

• (iii) undertake such training or courses of education as the Minister may from time to time determine.

• (d) the aggregate duration of the activities outside the home referred to in sub-paragraphs (i), (ii) and (iii) shall not exceed 15 hours per week.

CHAPTER 5 Disability Allowance

Specified disability

• (2) A person shall not be regarded as being substantially restricted in undertaking suitable employment where it is subsequently shown to the satisfaction of a deciding officer or an appeals officer that he or she is no longer likely to continue to be substantially restricted in the undertaking of employment for a period of at least 1 year.

Disqualification

• (a) attend for medical examination or other examination at such time or place as may be required by an officer of the Minister, provided that he or she has been given not less than 7 days notice in writing,

• (b) obey any instructions, relating to his or her behaviour or any other matter concerning his or her disability, of a medical practitioner attending on him or her or whom he or she has attended for medical or other examination in accordance with paragraph (a),

• (c) see an officer of the Minister and answer any reasonable enquiries by any such officer relating to his or her claim.

Temporary residence

Holidays

• (2) For the purposes of sub-article (1), “period on holidays” means a period consisting of at least 3 but not exceeding 13 consecutive weeks taken on holidays within the State in a calendar year.

CHAPTER 6 Miscellaneous Provisions for Assessment of Means

Exemption from assessment of property

• (a) in the case of the house in which the claimant or beneficiary ordinarily resides, where the claimant or beneficiary vacates that house—

• (i) on a temporary basis, or

• (ii) indefinitely, as a consequence of his or her old age or incapacity,

or

• (b) in any other case, where the claimant or beneficiary has offered the property for sale, for the period, not exceeding 2 years from the date on which the property was offered for sale, in which the property remains unsold.

• (2) In this article, “house” means a dwelling house or part of a dwelling house which is, or has been occupied by the claimant or beneficiary as his or her principal residence or land which he or she has for his or her own occupation and enjoyment with that residence as its gardens or grounds up to an area not exceeding one acre.

Assessment of means — non-cash benefits

• (a) the net cash value to the person of his or her annual housing costs actually incurred and paid by a liable relative insofar as the cash value exceeds €4,952 per annum, and

• (b) the net cash value to the person of meals, accommodation and related services provided under a scheme administered by the Department of Justice, Equality and Law Reform and known as direct provision, where the costs are met in full by the State.

Maintenance arrangements

• (2) The maintenance arrangements prescribed for the purposes of sub-article (1) shall be all forms of formal and informal arrangements whether procured by way of Court Order or otherwise.

Assessment of means — carer’s allowance

• (b) The amount prescribed for the purposes of Rule 4(3) of Part 5 of Schedule 3 to the Principal Act shall be €580 per week.

Assessment of claimant’s earnings — jobseeker’s allowance and farm assist

• (2) In the case of a claimant who is not in receipt of an increase under sections 142(1)(b)(ii) or 215(1)(b) in respect of a qualified child, the average weekly earnings shall be first reduced by €12.70 for each day on which that claimant is so employed during the week in respect of which jobseeker’s allowance or farm assist is payable.

• (3) For the purposes of sub-article (1), the average weekly earnings shall be determined by reference to the gross earnings received from insurable employment in the 13 weeks preceding the date of claim for jobseeker’s allowance or farm assist or such other period which a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the particular case, less an amount calculated in accordance with sub-article (4).

• (4) For the purposes of sub-article (3) the amount shall be the aggregate of—

• (a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),

• (b) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No. 39 of 1997),

• (c) any contributions payable under section 13(2)(b) and Regulations made under section 14 or section 21,

• (d) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),

• (e) any payment to a trade union, and

• (f) any health insurance contract premium.

Assessment of claimant’s seasonal earnings — jobseeker’s allowance and farm assist

Earnings disregard — disability allowance

Earnings disregard — State pension (non-contributory)

• (2) For the purposes of sub-article (1), the average weekly earnings shall be determined by reference to the gross earnings received from that employment in the 13 weeks preceding the date of claim, or such other period as a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the case, less an amount calculated in accordance with sub-article (3).

• (3) For the purposes of sub-article (2) the amount shall be the aggregate of—

• (a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),

• (b) any contributions payable under section 5 of the Health Contributions Act, 1979 (No. 4 of 1979),

• (c) any payment to a trade union, and

• (d) the first €200 of weekly earnings.

Earnings disregard — Widow’s (non-contributory) pension and widower’s (non-contributory) pension

• (2) For the purposes of sub-article (1), the average weekly earnings shall be determined by reference to the gross earnings received from that employment in the 13 weeks preceding the date of claim, or such other period as a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the case, less an amount calculated in accordance with sub-article (3).

• (3) For the purposes of sub-article (2) the amount shall be the aggregate of—

• (a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),

• (b) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),

• (c) any payment to a trade union, and

• (d) the first €100 of weekly earnings.

Earnings disregard — blind pension

Assessment of earnings — one-parent family payment

• (a) insofar as it comprises earnings from employment by reference to the weekly amount of such earnings calculated by dividing the gross amount of such earnings in the last complete income tax year by 52,

• (b) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income, calculated or estimated by dividing the income in the last complete income tax year by 52.

• (2) Where a deciding officer or an appeals officer considers that the periods referred to in sub-article (1) would not suffice in determining either the amount of weekly earnings from employment or weekly income from self-employment, he or she may, for the purpose of this article, have regard to any other period which appears to the officer to be appropriate for that purpose.

Prescribed activity — exemption of income

Assessment of spouse’s earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist

• (2) For the purposes of sub-article (1) the average weekly earnings shall be determined by reference to the gross earnings received from that employment in the 13 weeks preceding the date of claim for farm assist, or such other period as a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the case, less an amount calculated in accordance with sub-article (4).

• (3) The amount prescribed for the purposes of Rule 1(2)(b)(vi) of Part 2 of Schedule 3 to the Principal Act shall be an amount calculated in accordance with sub-article (4).

• (4) For the purposes of sub-articles (2) and (3) the amount shall be the aggregate of—

• (a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),

• (b) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No. 39 of 1997),

• (c) any contributions payable under section 13(2)(b) and Regulations made under section 14 or section 21,

• (d) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),

• (e) any payment to a trade union,

• (f) any health insurance contract premium,

• (g) the first €50.00, or €153.00 where the employment is outside the State or Northern Ireland, of weekly earnings together with any travel expenses necessarily incurred, where that employment is in respect of 3 days or less in the week,

• (h) the first €100.00, or €153.00 where the employment is outside the State or Northern Ireland, of weekly earnings where that employment is in excess of 3 days in the week, and

• (i) in the case of farm assist where the spouse of the farmer is engaged in insurable employment on a seasonal basis in the occupation of fishing, one-half of so much of the income derived from that occupation as does not exceed €153.00 per year and one-third of so much of such income as exceeds €153.00 per year but does not exceed €381.00 per year.

Assessment of spouse’s seasonal earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist

• (2) For the purposes of sub-article (1) the average weekly earnings shall be calculated by reference to the gross earnings which he or she may reasonably expect to receive during the period of seasonal employment less an amount calculated in accordance with article 153(4).

• (3) For the purposes of sub-article (1), in the absence of any other means of obtaining it, the average weekly earnings may be determined by reference to the gross earnings received from insurable employment of a seasonal nature in the preceding year less an amount calculated in accordance with article 153(4).

Disregard of certain compensation awards

• (a) by the Compensation Tribunal established by the Minister for Health on 15 December 1995, the Hepatitis C Compensation Tribunal established under section 3 of the Hepatitis C Compensation Tribunal Act 1997 (No. 34 of 1997), the Hepatitis C and HIV Compensation Tribunal established under section 2 of the Hepatitis C Compensation Tribunal (Amendment) Act 2002 (No. 21 of 2002), or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin - Anti-D, whole blood or other blood products,

• (b) by the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002 (No. 13 of 2002),

• (c) to persons who have disabilities caused by Thalidomide, or

• (d) under the provisions of the Health (Repayment Scheme) Act 2006 (No. 17 of 2006) to a relevant person within the meaning of that Act.

Yearly value of property — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist

Prescribed age for the purposes of benefit and privilege — jobseeker’s allowance

Disregard of proceeds from sale of principal residence — disability allowance, State pension (non-contributory) and blind pension

• (a) the claimant or beneficiary disposes of his or her principal residence for the purposes of—

• (i) purchasing alternative accommodation which is or will be occupied by him or her as his or her only or main residence,

• (ii) funding the renting of alternative accommodation which is or will be occupied by him or her as his or her only main residence,

• (iii) funding the payment of fees to a nursing home which has been registered in accordance with section 4 of the Health (Nursing Homes) Act 1990 (No. 23 of 1990),

• (iv) residing with a carer, as defined in section 99 or section 179, who is in receipt of carer’s benefit or carer’s allowance in respect of the care and attention provided to the claimant or beneficiary, or

• (v) residing in accommodation suitable for elderly persons which incorporates communal and support facilities and which is provided by a body approved by the Minister for the Environment, Heritage and Local Government for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992),

• (b) (i) for the purposes of State pension (non-contributory) the sale of the principal residence of the claimant or beneficiary takes place on or after 2 December 1993, and the claimant or beneficiary has attained pensionable age at the date of sale, or

• (ii) for the purposes of disability allowance or blind pension, the sale of the principal residence of the claimant or beneficiary takes place on or after 1 April 2001,

and

• (c) the gross proceeds are derived from the sale of a dwelling-house or part of a dwelling-house which is, or has been occupied by the claimant or beneficiary as his or her principal residence or land which he or she has for his or her own occupation and enjoyment with that residence as its gardens or grounds up to an area not exceeding one acre.

• (2) The limit prescribed for the purposes of Rule 2 of Part 2, Rule 3 of Part 3 and Rule 3 of Part 5 of Schedule 3 to the Principal Act shall be €190,500.

PART 4 Child Benefit

Normal residence

mother,

step-mother,

father,

step-father,

shall be regarded as normally residing with the person first so mentioned and with no other person.

Full-time education

• (2) For the purposes of sub-article (1), a course of full-time instruction at an institution of education shall not be regarded as including a course of training or instruction—

• (a) provided or approved by An Foras Áiseanna Saothair (other than a course known as Youthreach) and in respect of which an allowance is payable,

• (b) which forms part of an employment or work experience programme,

• (c) which arises from employment,

• (d) which comprises, in an academic year, a period of work experience in respect of which remuneration is paid, where such period exceeds the time spent receiving instruction or tuition at an institution of education, or

• (e) provided or approved by Teagasc, where, in an academic year such training or instruction comprises a period of work experience which exceeds the time spent receiving instruction or tuition at an institution of education.

Child regarded as continuing to receive full-time education

• (a) for periods during an academic year when that child is not attending an institution of education arising from the temporary interruption to the provision of a course of full-time instruction or part of a cycle of education by an institution of education, and

• (b) for the period immediately following the completion by that child of part of a cycle of education, where such part finishes between 1 May and 30 June in an academic year, up to and including the next following 30 September.

• (2) Sub-article (1)(b) shall not apply to a child who completes the final part of a cycle of education and terminates his or her attendance at a course of full-time instruction at an institution of education.

PART 5 Respite Care Grant

Interpretation

“carer” has the meaning assigned to it by section 224(1);

“institution” has the meaning assigned to it by section 224(1);

“relevant person” has the meaning assigned to it by section 224(1).

Date respite care grant payable

Entitlement to grant for certain classes of carer

Period for which full-time care and attention to be given

Carer — residence in institution

Certain circumstances in which carer may continue to be regarded as providing full-time care and attention

• (a) the carer is undergoing medical or other treatment of a temporary nature in an institution for a period or periods amounting to not more than 13 weeks,

• (b) the relevant person is—

• (i) undergoing medical or other treatment of a temporary nature in an institution, or

• (ii) temporarily being cared for by, or temporarily residing with, another person, for a period or periods amounting to not more than 13 weeks,

• (c) the relevant person is attending—

• (i) a non-residential course of rehabilitation training provided by an organisation (being an organisation recognised by the Minister for Health and Children for the purposes of the provision of such training), or

• (ii) a non-residential place of day care approved by the Minister for Health and Children, or

• (d) for the purposes of respite care grant payable in respect of full-time care and attention provided on or after 1 June 2006, the carer is undertaking such training or course of education outside the home as the Minister may determine from time to time, subject to the limits with respect to duration imposed by article 169(3).

Conditions to be satisfied by non-resident carer

• (a) a direct system of communication exists between the carer’s residence and that of the relevant person, and

• (b) the relevant person is not receiving full-time care and attention within his or her own residence from a person other than the claimant.

• (2) For the purposes of paragraph (a) of sub-article (1) a system of communication shall include a telephone or alarm system.

Conditions and circumstances under which a carer may engage in employment, self-employment, training and education

• (2) The aggregate hours of employment, self-employment or both outside the home shall not exceed 10 hours in any week.

• (3) For the purposes of a respite care grant payable in respect of full-time care and attention provided on or after 1 June 2006, where it is shown to the satisfaction of a deciding officer or an appeals officer that adequate provision has been made for the care of the relevant person, a carer may engage in employment or self-employment or any training or course of education provided that where the employment or self-employment is outside the home the aggregate duration of such employment or self-employment and any training or course of education referred to in article 167(d) shall not exceed 15 hours per week.

Prescribed manner for certification of incapacity

Medical examination and disqualification

• (2) Notice of the time and place of the examination referred to in sub-article (1) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.

• (3) A carer shall be disqualified for receiving the grant if and for so long as the person in respect of whose full-time care and attention the grant is payable, fails without good cause to attend for or submit to medical examination in accordance with this article.

PART 6 Family Income Supplement

Interpretation

“earnings from employment” means emoluments to which Part 5 of the Taxes Consolidation Act 1997 (No. 39 of 1997) applies;

“spouse” means—

• (a) each person of a married couple who are living together,

• (b) each person of a married couple who is wholly or mainly maintaining, or being wholly or mainly maintained by, that person's spouse, or

• (c) a man and woman who are not married to each other but are cohabiting as husband and wife.

Manner of calculation or estimation of weekly family income

• (a) insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of such earnings received in the 2 months immediately prior to the date on which the claim for family income supplement has been made where such earnings are received at monthly intervals, or in the 4 weeks immediately prior to such date where such earnings are received at weekly or fortnightly intervals,

• (b) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the 12 months preceding the date of claim by 52,

• (c) insofar as it consists of income from any other source, by reference to the normal weekly amount of such income.

• (2) Where in any case a deciding officer or appeals officer considers that the periods mentioned in sub-article (1) would not suffice to determine the amount of weekly family income, he or she may, for the purposes of this article have regard to such other period which appears to him or her to be appropriate for that purpose.

Sums disregarded in determining weekly family income

• (a) any sums received by way of death benefit by virtue of orphan’s pension, carer’s benefit, guardian’s payment (contributory), guardian’s payment (non-contributory), carer’s allowance, supplementary welfare allowance, child benefit, early childcare supplement or family income supplement,

• (b) any sums received by way of allowance for domiciliary care of disabled children under the Health Act 1970 (No. 1 of 1970),

• (c) any sums received by way of allowance under regulations made under section 23 of the Housing (Private Rented Dwellings) Act 1982 (No. 6 of 1982),

• (d) any sums from the investment or profitable use of property (not being property personally used or enjoyed by the person concerned),

• (e) payments by the Executive in respect of a child who is boarded out,

• (f) in the case of a qualified applicant under a scheme administered by the Minister for Community, Rural and Gaeltacht Affairs and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident,

• (g) any moneys received from a charitable organisation being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them, and

• (h) any income arising from employment of a casual nature by the Executive as a home help.

Persons regarded as being in remunerative full-time employment

Increase for additional qualified child

• (2) In this article—

“couple” means a married couple or a man and woman who are not married to each other but are cohabiting as husband and wife;

“family” means—

• (a) a person who is engaged in remunerative full-time employment as an employee within the meaning of article 175,

• (b) where such a person is one of a couple living with or wholly or mainly maintaining his or her spouse, that spouse and

• (c) a child or children;

“spouse” means each person of a couple in relation to each other.

Minimum payment of family income supplement

PART 7 Claims and Payments — General Provisions

Preliminary

Interpretation

“beneficiary” means a person who is entitled to benefit;

“benefit” means—

• (a) any benefit payable under Part 2 (other than occupational injuries benefits under Chapter 13 and treatment benefit under Chapter 22 of the said Part),

• (b) any assistance payable under Part 3 (other than supplementary welfare allowance payable under Chapter 9 of the said Part),

• (c) child benefit under Part 4,

• (d) early childcare supplement under Part 4A,

• (e) respite care grant under Part 5,

• (f) family income supplement under Part 6,

• (g) continued payment for qualified children under Part 7, and

• (h) EU payments under Part 8;

“claimant” means a person who has made a claim for benefit;

“qualified person” means the person with whom a qualified child normally resides for the purposes of child benefit.

CHAPTER 1 Claims

Claims

• (2) A claim for bereavement grant may be made by the personal representative of the deceased or, where there is no personal representative, by the husband or wife of any of the next-of-kin of the deceased or by any other person claiming to be entitled thereto.

• (3) Where a family, as defined in section 227, comprises a person and his or her spouse both such persons shall join in any claim for family income supplement in respect of that family.

• (4) A claimant may withdraw his or her claim for family income supplement at any time before a decision has been made by giving notice to that effect in writing to the Minister.

• (5) Where a claim for child benefit is incomplete, an officer of the Minister may treat the claim as having been duly made if it is properly completed within 2 months after the date on which the claimant is requested to do so.

Application to be regarded as a homemaker

Information to given when making a claim

• (2) Where a claim for family income supplement is made by an employee, his or her employer shall, on being so required by an officer of the Minister, furnish to the Minister the following information relating to the employee—

• (a) the nature of his or her employment,

• (b) the total amount of gross earnings derived by the employee from his or her employment with the employer in respect of any period,

• (c) the total number of hours worked by the employee in that employment in any period, and

• (d) any other relevant information that may be required by the said officer.

• (3) The employer of a claimant for maternity benefit or adoptive benefit, as the case may be, shall, on being so required by an officer of the Minister, furnish to the Minister, the following information relating to that claimant—

• (a) certification that the claimant is entitled to—

• (i) maternity leave under the Act of 1994, or

• (ii) adoptive leave under the Adoptive Leave Act 1995 (No. 2 of 1995)

as the case may be,

• (b) the amount of the claimant's gross earnings derived from that employment in respect of any period, and

• (c) any other relevant particulars that may be required for the purposes of determining a claim for maternity benefit or adoptive benefit, as the case may be.

• (4) The employer of a claimant for continued payment for qualified children shall, on being so required by an officer of the Minister, furnish to the Minister, such information as may be required for the purpose of determining that person's entitlement to the said payment.

• (5) A person who makes application to be regarded as a homemaker for the purposes of section 108(2) shall furnish such certificates, documents, information and evidence as may be required by an officer of the Minister for the purposes of deciding such application.

• (6) Where a claim for carer’s benefit is made by an employee, his or her employer shall, on being so required by an officer of the Minister, furnish to the Minister the following information relating to the employee—

• (a) the number of hours worked by the employee in that employment in such periods as may be specified by the said officer, and

• (b) any other relevant information that may be required by the said officer.

• (7)
• (a) For the purposes of section 300(5) in relation to claims for child benefit in the case of a second or subsequent child, the prescribed information shall be a copy of an entry in respect of each qualified child in the register of births under the Civil Registration Act 2004 (No. 3 of 2004), provided to the Minister by An t-Ard Chláraitheoir.

• (b) Child benefit may be awarded in accordance with paragraph (a) where the qualified person is, at that time, in receipt of child benefit in respect of a qualified child and the information provided is sufficient to authenticate—

• (i) the public service identity of the qualified child, and

• (ii) the public service identity of the qualified person.

Prescribed time for making claim