S.I. No. 692 of 2006

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No.14) (INCREASE IN RATES) REGULATIONS 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by sections 4, 5, 17 and 29 and Schedules 1, 3 and 6 of the Social Welfare Law Reform and Pensions Act 2006 (No. 6 of 2006)), 3 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 41 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 49 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 53, 60 (as amended by Schedule 4 and Schedule 1 of the section 10 of the Social Welfare Act 2005 (No. 30 of 2005)), 229 and 297 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.14) (Increase in Rates) 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 together as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006.

Commencement.

2. These regulations come into operation-

(a)        in so far as they relate to jobseeker's allowance, pre-retirement allowance and farm assist, on 27 December 2006,

(b)        in so far as they relate to jobseeker's benefit, on 28 December 2006,

(c)        in so far as they relate to illness benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit, on 1 January 2007,

(d)        in so far as they relate to disability allowance, on 3 January 2007,

(e)        in so far as they relate to State pension (transition), invalidity pension, family income supplement and a payment referred to in paragraph (a) of the definition of -�relevant payment-� in section 178 of the Principal Act, on 4 January 2007, and

(f)        in so far as they relate to state pension (contributory), widow's and widower's (contributory) pension and incapacity supplement, on 5 January 2007.

Definitions.

3. In these regulations-

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

-�the Regulations of 2005-� means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.6) (Increase in Rates) Regulations 2005 ( S.I. No. 880 of 2005 );

-�the Regulations of 2006-� means the Social Welfare (Consolidated Claims and Payments) (Amendment) (No.13) (Miscellaneous Provisions) Regulations 2006 ( S.I. No. 571 of 2006 ).

Interpretation.

4. In these regulations, save where the context otherwise requires, a reference to a Schedule is to a Schedule to these Regulations.

Maternity and adoptive benefit.

5. The Principal Regulations are amended-

(a)  in article 22(2) (as amended by article 5 of the Regulations of 2005) by substituting -�€207.80-� for -�€182.60-�, and

(b) in article 23 (as amended by article 6 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.8) (Increase in Rates) Regulations 2001 ( S.I. No. 650 of 2001 ) by substituting -�60-� for -�63.95-�.

Calculation of spouse's income for qualified child increase.

6. The Principal Regulations are amended in article 6F (as amended by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.7) (Qualified Child Increase) Regulations 2004 ( S.I. No. 847 of 2004 )) by substituting -�€400-� for -�€350-�.

State pension (non-contributory) - earnings disregard.

7. The Principal Regulations are amended by substituting for article 89A (as inserted by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 12) (State and Widow(er)'s Pension (Non-Contributory) Earnings Disregard) Regulations 2006 ( S.I. No. 519 of 2006 ) the following:

State pension (non-contributory) - earnings disregard.

89A. (1) For the purposes of Rule 1(2)(b)(vi) of Part 3 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 €200 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 .

Widow's (non-contributory) pension and widower's (non-contributory) pension-earnings disregard.

89AB. (1) For the purposes of 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 .-�.

Reduced rates of benefit.

8. The Principal Regulations are amended by -

(a)        the substitution for Schedule 1 (as substituted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 1,

(b)        the substitution for Schedule 2 (as substituted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 2,

(c)        the substitution for Schedule 3 (as substituted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 3,

(d)        the substitution for Schedule 7 (as substituted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 7,

(e)        the substitution for Schedule 8 (as substituted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 8,

(f)        the substitution for Schedule 9 (as substituted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 9,

(g)        the substitution for Schedule 10 (as substituted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 10, and

(h)        the substitution for Schedule 11 (as substituted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 11.

Increase for qualified adult

9. The Principal Regulations are amended -

(a)        in article 38(3) (as amended by article 7 of the Regulations of 2005) by substituting -�€129.80-� for -�€116.30-� and -�€113.10-� for -�107.70-�,

(b)        in article 41(3) (as amended by article 7 of the Regulations of 2005) by substituting -�€129.80-� for -�€116.30-� and -�€113.10-� for -�€107.70-�,

(c)        by the substitution for Schedule 4 (inserted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 4,

(d)        by the substitution for Schedule 5 (inserted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 5,

(e)        by the substitution for Schedule 6 (inserted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 6,

(f)          by the substitution for Schedule 12 (as substituted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 12,

(g)        by the substitution for Schedule 13 (as substituted by article 25 of the Regulations of 2006) thereto of the Schedule set out in Schedule 13, and

(h)        by the substitution for Schedule 14 (inserted by article 25 of the Regulations of 2005) thereto of the Schedule set out in Schedule 14.

SCHEDULE 1

-�SCHEDULE 1

Articles 18, 25B and 30

Reduced rates of Illness, Health and Safety and Jobseeker's Benefits

SCHEDULE 2

-�SCHEDULE 2

Articles 18, 25B and 30

Reduced rates of Illness, Health and Safety and Jobseeker's Benefits

SCHEDULE 3

-�SCHEDULE 3

Articles 38 and 41

Reduced rates of State Pension (Contributory) where contribution conditions are partially satisfied and increases for qualified adult

SCHEDULE 4

-�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

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

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

SCHEDULE 7

-�SCHEDULE 7

Article 47

Reduced rates of State Pension (Transition) where contribution conditions are partially satisfied

SCHEDULE 8

-�SCHEDULE 8

Article 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

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

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

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

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

SCHEDULE 13

-�SCHEDULE 13

Articles 18 and 30

Rates of increases for Qualified Adult, payable with reduced rates of Illness and Jobseeker's Benefit

SCHEDULE 14

-�SCHEDULE 14

Article 6E

Rates of increases for Qualified Adult payable with Invalidity Pension

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

EXPLANATORY NOTE

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

The Social Welfare Act 2006 provides for increases in the maximum rates of social insurance payments arising from Budget 2007.

These regulations provide for increases in the reduced rates of Illness Benefit, Jobseeker's Benefit, Health and Safety Benefit, State Pension (Contributory), State Pension (Transition), Widow's and Widower's (Contributory) Pension and Deserted Wife's Benefit, and also provides for increases in the rates of tapered increases in respect of Qualified Adults.All of these increases are effective from the first week in January 2007.

The regulations provide for increases in the minimum weekly rate of Maternity Benefit and Adoptive Benefit, with effect from January 2007.

The Social Welfare Act 2003 provided that, with effect from the 19th January 2004, any increase for a qualified child applicable to jobseeker's benefit, illness benefit, injury benefit and health and safety benefit will only be payable where the weekly income of the spouse or partner of the claimant does not exceed a prescribed amount. These regulations provide for increasing that amount to €400 per week.

These Regulations also provide for the disregard of €200 per week in earnings from employment when calculating means for the purposes of the State Pension (Non-Contributory).