S.I. No. 725 of 2003

PUBLISHED BY THE STATIONERY OFFICE DUBLIN

S.I. No. 725 of 2003

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 8) (GRADUATED RATES) REGULATIONS, 2003

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 2 (as amended by section 7 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ( section 17 of the Social Welfare Act, 1999 ( section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ), 32 (as amended by section 10 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ), 39, 41B (inserted by the European Communities (Social Welfare) Regulations, 1995 ( S.I. No. 25 of 1995 ) and amended by sections 10 of No. 10 of 1997 )) and 43 (as amended by section 10 of the the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) , hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Graduated Rates) Regulations, 2003.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2003 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2003.

Commencement.

2. These Regulations come into operation -

(a)   in so far as they relate to unemployment benefit, on 25 December 2003, and

(b)   in so far as they relate to disability benefit and health and safety benefit on 29 December 2003,

Interpretation.

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

4. (1) The Principal Regulations are amended by -

(a)  substituting the following for paragraph (c) of sub-article 17 (1):

“(c)   in the case of a claim where -

(i)   the period of interruption of employment commenced before 29 December 2003, the prescribed amount shall be EUR 88.87, and

(ii)   the period of interruption of employment commenced on or after 29 December 2003, the prescribed amount shall be EUR 149.99.”,

(b)  substituting the following for article 18:

“18. Where a claimant would be entitled to disability benefit but for the fact that the amount of his reckonable weekly earnings or, in the case of a person who qualifies for disability benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed the amount prescribed in article 17 (1) (c), the following provisions shall apply: -

(a)   where, in the case of a claim to disability benefit where the period of interruption of employment commenced before 29 December 2003, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule B, there shall be entitlement to disability benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

(b)   where, in the case of a claim to disability benefit where the period of interruption of employment commenced on or after 29 December 2003, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule BA, there shall be entitlement to disability benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

(c)  (i)  any increase of disability benefit payable under section 34 (1), in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 6B, does not exceed the limit prescribed in article 6A, shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedules B or BA as the case may be, and

(ii)  any increase of disability benefit payable under section 245A, in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 6B, is an amount specified in column (1) of Schedule Q, shall be payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule, and

(d)   any increase of disability benefit in respect of a qualified child, payable under section 34(2), shall be the same as if the condition as respects the reckonable weekly earnings or reckonable weekly income had been fully satisfied.”,

(c) substituting the following for paragraph (c) of sub-article 25A(1) (inserted by article 7 of the Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations, 1995 (S.I. 26 of 1995)) :

“(c)  in the case of a claim where -

(i)   the period of health and safety leave commenced before 29 December 2003, the prescribed amount shall be EUR 88.87, and

(ii)  the period of health and safety leave commenced on or after 29 December 2003, the prescribed amount shall be EUR 149.99.”,

(d) substituting the following for article 25B (inserted by article 7 of the Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations, 1995 (S.I. 26 of 1995)):

“25B. Where a claimant would be entitled to benefit but for the fact that her reckonable weekly earnings do not exceed the amount prescribed in article 25A (1) (c), the following provisions shall apply:-

(a)  where, in the case of a claim to health and safety benefit where the period of health and safety leave commenced before 29 December 2003, the reckonable weekly earnings is an amount included in one of groups of amounts specified in column (1) of schedule B there shall be entitlement to health and safety benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

(b)   where, in the case of a claim to health and safety benefit where the period of health and safety leave commenced on or after 29 December 2003, the reckonable weekly earnings is an amount included in one of groups of amounts specified in column (1) of schedule BA there shall be entitlement to health and safety benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

(c)   any increase of health and safety benefit in respect of an adult dependant, payable under section 41E(1) shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedules B or BA as the case may be, and

(d)   any increase of health and safety benefit in respect of a qualified child, payable under section 41E(2) shall be the same as if the condition as respects the reckonable weekly earnings had been fully satisfied.”,

(e) substituting the following for paragraph (c) of sub-article 29 (1):

“(c) in the case of a claim where -

(i)   the period of interruption of employment commenced before 25 December 2003, the prescribed amount shall be EUR 88.87, and

(ii)  the period of interruption of employment commenced on or after 25 December 2003, the prescribed amount shall be EUR 149.99.”, and

(f)  substituting the following for article 30:

“30. Where a claimant would be entitled to unemployment benefit but for the fact that the amount of his reckonable weekly earnings or, in the case of a person who qualifies for unemployment benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed the amount prescribed in article 29(1) (c), the following provisions shall apply: -

(a)  where, in the case of a claim to unemployment benefit where the period of interruption of employment commenced before 25 December 2003, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule B, there shall be entitlement to unemployment benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

(b)  where, in the case of a claim to unemployment benefit where the period of interruption of employment commenced on or after 25 December 2003, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule BA, there shall be entitlement to unemployment benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

(c)  (i)  any increase of unemployment benefit payable under section 45(1), in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 6B, does not exceed the limit prescribed in article 6A, shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedules B or BA as the case may be, and

(ii)  any increase of unemployment benefit payable under section 245A, in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 6B, is an amount specified in column (1) of Schedule Q, shall be payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule, and

(d)  any increase of unemployment benefit in respect of a qualified child, payable under section 45(2), shall be the same as if the condition as respects the reckonable weekly earnings or reckonable weekly income had been fully satisfied.”.

Reduced rates of benefit.

5. The Principal Regulations are amended by -

(a)  the substitution for Schedule B (as substituted by article 6 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Increase in Rates) Regulations, 2002 ( S.I. No. 631 of 2002 ) thereto of the Schedule set out in Schedule 1, and

(b)  the insertion after Schedule B (as substituted by article 5(a) of these Regulations) thereto of the Schedule set out in Schedule 2.

SCHEDULE 1

“SCHEDULE B

Articles 18, 25B and 30

Reduced rates of Disability, Unemployment and Health and Safety benefits.

SCHEDULE 2

“SCHEDULE BA

Articles 18, 25B and 30

Reduced rates of Disability, Unemployment and Health and Safety Benefits

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, 2003 provides for increases in the maximum rates of social insurance payments arising from Budget 2004.

These Regulations provide for increases in the reduced rates of Disability Benefit, Unemployment Benefit and Health and Safety Benefit.

These Regulations also provide for an increase in the earnings threshold for the purposes of payment of reduced rates of Disability, Unemployment and Health and Safety Benefit. The thresholds are being increased from EUR 88.88 to EUR 150 and these Regulations will provide for new earnings bands in respect of which the different reduced rates are payable.

These measures will take effect from the first week in January 2004.