S.I. No. 426/1996:

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 10) (ONE PARENT FAMILY PAYMENT) REGULATIONS, 1996

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 10) (ONE PARENT FAMILY PAYMENT) REGULATIONS, 1996

The Minister for Social Welfare in exercise of the powers conferred on him by sections 3, 4 (as amended by section 19 of the Social Welfare Act, 1996 (No. 7 of 1996)), 127 and 129 (as amended by section 25 of the Social Welfare Act, 1996 ), 158 and 162 (substituted by section 17 of the Social Welfare Act, 1996 ), 205, 206, 207 (as amended by section 19 of the Social Welfare Act, 1996 ), 209, 298 (as amended by section 17 of Social Welfare Act, 1996 ) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), Rule 1(4) and subparagraph (t) (inserted by section 17 of the Social Welfare Act, 1996 ) of that Rule of Part II of the Third Schedule to the said Act, hereby makes the following Regulations:–

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (One-Parent Family Payment) Regulations, 1996.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996.

2. In these Regulations, "the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

3. These Regulations shall come into operation, in the case of one- parent family payment payable–

(a) other than in respect of a widow or widower, on the 2nd day of January, 1997, and

(b) in respect of a widow and widower, on the 3rd day of January, 1997,

with exception of article 10 which shall come into effect on the 30th day of April, 1997.

4. The Principal Regulations are hereby amended by the insertion in article 3 after the definition of "governing contribution year" of the following definition:

"'housing costs' means, for the purposes of one parent family payment, rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the qualified parent is, for the time being, residing;".

5. The Principal Regulations are hereby amended by the substitution for article 75 of the following article:

" Conditions for entitlement.

75. (1) The age specified for the purposes of section 127(1) (a) shall be 55 years.

(2) The period prescribed for the purposes of section 127(1) (c) (ii) shall be 15 months.

(3) A person shall be regarded as a separated spouse for the purposes of section 127(1) (c) (ii) where she and her spouse have lived apart from one another for a continuous period of 3 months preceding the date of her claim for pre-retirement allowance and continue to so live apart.".

6. The Principal Regulations are hereby amended by the substitution for Chapter 5 of Part III of the following Chapter:

"CHAPTER 5

One Parent Family Payment

79. Definitions.

In this Chapter 'liable relative' has the meaning assigned to it in Part IX.

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

A person is to be regarded for the purposes of Chapter 9 of Part III as being a separated spouse if --–

(a) she and their children –

(i) are not being maintained by a liable relative, or

(ii) are being maintained by a liable relative but at an amount per week which is less than the weekly rate of one-parent family payment as set out at reference 5 in Part I of the Fourth Schedule to the Principal Act appropriate to her family size and for this purpose, where she is being maintained by more than one liable relative, the amount at which she is being maintained shall be determined by reference to the aggregate maintenance paid,

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

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

81. Circumstances in which person to be regarded as being an unmarried person.

(1) A person is to be regarded for the purposes of Chapter 9 of Part III as being an unmarried person if, not being a married person, she is the parent of a qualified child.

(2) For the purposes of this article, 'a parent' shall include, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1991 or under such other form of adoption as the Minister considers appropriate in the circumstances, the adopter.

82. Circumstances in which person to be regarded as being a prisoner's spouse.

(1) A person is to be regarded for the purposes of Chapter 9 of Part III as being a prisoner's spouse if she is the spouse of a person who –

(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.

83. Residence of qualified child.

(1) Subject to sub-article (2), a qualified child shall, for the purposes of Chapter 9 of Part III, be regarded as normally residing with a qualified parent where –

(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 23 and 24 of the Social Welfare (Social Assistance) Regulations, 1993 ( S.I. No. 364 of 1993 ) apply.

83A. Continued entitlement to payment.

(1) Where a person entitled to one-parent family payment ceases to be so entitled by virtue of her gross earnings exceeding the amount specified in section 158(3), she shall, notwithstanding the provisions of the said section, continue to be entitled to the said payment, calculated in accordance with sub-article (2), for a period of 12 months commencing from the date on which, but for this article, she would have ceased to be so entitled:

Provided that she continues to satisfy the conditions for entitlement other than that specified in section 158(3)

(2) 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:

Provided that the amount so payable shall be rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and shall be rounded to the nearest 10p where it is not a multiple of 5p or 10p.

83B. Transfer of maintenance.

For the purposes of section 298, a person in receipt of one- parent family payment shall be liable to transfer to the Minister payments made to that person in compliance with an order of the Court insofar as they exceed the lesser of £3,900 per annum in respect of housing costs or the annual housing costs actually incurred by the qualified parent.".

7. The Principal Regulations are hereby amended by the substitution for sub-article (1) of article 89 of the following sub-article:

"89. Assessment of means.

(1) The non-cash benefits prescribed for the purposes of Rule 1(4) of Part II of the Third Schedule to the Principal Act shall be the net cash value to the qualified parent of her annual housing costs actually incurred and paid by a liable relative insofar as the cash value exceeds £3,900.00 per annum.".

8. The Principal Regulations are hereby amended by the insertion after article 89B (inserted by article 5 of Social Welfare (Consolidated Payment Provisions) (Amendment) (No. 3) Regulations, 1996 ( S.I. No. 143 of 1996 )) of the following article:

"89C. Disregards in respect of housing costs.

(1) The maximum amount prescribed for the purposes of Rule 1(4)(t) of Part II of the Third Schedule to the Principal Act shall be £3,900.00 per annum.

(2) The maintenance arrangements prescribed for the purposes of Rule 1(4)(t) of Part II of the Third Schedule to the Principal Act shall be all forms of formal and informal arrangements whether procured by way of Court Order or otherwise. " .

9. The Principal Regulations are hereby amended by-

(a) the substitution for paragraph (c) of article 102 of the following paragraph:

"(c) in the case of widow's (contributory) pension, widower's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension and one-parent family payment, the period of 3 months from the day on which, apart from satisfying the conditions of making a claim, the claimant becomes entitled thereto,",

(b) the substitution for paragraph (b) of article 104 of the following paragraph:

"(b) in the case of unemployment benefit, death grant, unemployment assistance, pre-retirement allowance, old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, orphan's (non-contributory) pension, one-parent family payment and carer's allowance, in respect of any period before the date on which the claim is made,",

(c) the substitution in articles 110(1)(b), 110(1)(c), 116(1)(k) and l27(3) for "lone parent's allowance" of "one parent family payment" in each place where it occurs.

(d) the substitution in article 126(3) (j) and 127(5)(g) for "lone parent's allowance." of "one-parent family payment.".

10. The Principal Regulations are hereby amended by the substitution for sub-article 81(1) (inserted by article 6 of these Regulations) of the following sub-article:

"81. (1) A person is to be regarded for the purposes of Chapter 9 of Part III as being an unmarried person if -

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

(b) 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.".

GIVEN under the Official Seal of the Minister for Social Welfare this

20th day of December, 1996.

PROINSIAS DE ROSSA

Minister for Social Welfare

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this

20th day of December, 1996.

RUAIRI QUINN

Minister for Finance.

EXPLANATORY NOTE

These Regulations provide for the introduction of the new One-Parent Family Payment contained in Part V of the Social Welfare Act, 1996 . The Regulations define the circumstances in which a person shall be regarded as being a separated spouse, an unmarried person or a prisoner's spouse. They also provide for the conditions under which a child shall be regarded as being normally residing with a qualified parent for the purposes of the One-Parent Family Payment.

The Regulations provide for the continued payment of One-Parent Family Payment where the beneficiary's earnings exceed the statutory limit of £12,000 per annum. Under these provisions, payment will continue to be made for a period of 12 months at 50% of the rate to which the person was entitled immediately before her or his earnings exceeded the limit of £12,000, provided that all other conditions for entitlement continue to be satisfied.

The Regulations also provide that in taking maintenance payments into account in the assessment of means, a disregard equivalent to the housing costs actually incurred by the qualified parent, up to a maximum of £3,900 per annum, will be applied. They also provide that the housing costs of a beneficiary paid by a liable relative shall be taken into account in the assessment of means insofar as they exceed £3,900 per annum. In addition, where the beneficiary is required to transfer maintenance payments to the Minister under the provisions of section 298 of the Social Welfare (Consolidation) Act, 1993 , the amount to be transferred shall be reduced by the housing costs actually incurred by the qualified parent, up to a maximum of £3,900.00 per annum.

The Regulations also provide that a separated spouse may qualify for Pre-Retirement Allowance, without first having to have been in receipt of unemployment payments for 15 months, provided that she or he have been living apart from their spouse for at least 3 months and continue to live apart and have not been employed or self employed in the 15 month period prior to claiming the allowance.

They also provide for miscellaneous amendments relating to claims and payments and certain other existing provisions to facilitate the introduction of the new payment.

The Regulations also provide that with effect from 30 April, 1997 an unmarried parent may, for the purposes of One-Parent Family Payment, be required to make such reasonable efforts as may be required to obtain maintenance from a liable relative.