S.I. No. 519 of 2006

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 12) (STATE AND WIDOW(ER)'S PENSION (NON-CONTRIBUTORY) EARNINGS DISREGARD) REGULATIONS 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), Rule 1(2)(b)(vi) of Part 3 of Schedule 3 (as inserted by section 24 and Schedule 4 of the Social Welfare Law Reform and Pensions Act 2006 ) and Rule 1(2)(b)(vii) of Part 5 (as inserted by section 24 and Schedule 4 of the Social Welfare Law Reform and Pensions Act 2006 ) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

Citation and construction.

1.(1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 12) (State and Widow(er)'s Pension (Non-Contributory) Earnings Disregard) Regulations 2006.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006.

Commencement.

2. These Regulations come into operation on 29 September 2006.

Definitions.

3. In these Regulations -

-�the Principal Regulations-� means the Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ); and

-�the Principal Act-� means of the Social Welfare Consolidation Act 2005 (No. 26 of 2005).

State pension (non-contributory) - earnings disregard.

4. The Principal Regulations are amended by inserting after article 89 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Assessment of Maintenance) Regulations 2006 ( S.I. No. 200 of 2006 )) the following:

-�State pension (non-contributory), widow's (non-contributory) pension and widower's (non-contributory) pension - earnings disregard.

89A. (1) For the purposes of Rule 1(2)(b)(vi) of Part 3 and Rule 1(2)(b)(vii) of Part 5 of Schedule 3 to the Principal Act, the value of any earnings derived by the person in respect of which he or she is engaged in employment shall be the average weekly earnings from that employment calculated in accordance with sub-article (2).

(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.

(4)  For the purposes of this article, -�trade union-� has the meaning assigned to it by section 472C of the Taxes Consolidation Act 1997 .-�.

EXPLANATORY NOTE

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

These Regulations provide for the disregard of €100 per week in earnings from employment when calculating means for the purposes of the State Pension (Non-Contributory), Widow's (Non-Contributory) Pension and Widower's (Non-Contributory) Pension. In addition, Health Contributions, Superannuation Contributions and Trade Union Membership Contributions are also disregarded for means test purposes from gross earnings.