S.I. No. 850 of 2004

S.I. No. 850 of 2004

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 5) (INCREASE IN RATES) REGULATIONS 2004

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by section 13 of the Social Welfare (Miscellaneous Provisions) Act 2004 ( section 18 of the Social Welfare (Miscellaneous Provisions) Act 2004 ), 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ( section 10 of the Social Welfare (Miscellaneous Provisions) Act 2002 ), 39 (as amended by section 10 of the Social Welfare Act 1997 ( section 9 of the Social Welfare (Miscellaneous Provisions) Act 2003 ( section 9 of the Social Welfare Act 2003 ( section 37 of the Social Welfare Act 2001 ( section 37 of the Social Welfare Act 2001 ), 102 (as amended by section 27 of the Social Welfare Act 1996 ( section 37 of the Social Welfare Act 2001 ) and 245A (as amended by section 20 of the Social Welfare Act 2000 (No. 4 of 2000)) of 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. 5) (Increase in Rates) Regulations 2004.

(2)  These regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2004 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2004.

Commencement.

2.  These regulations come into operation --

(a)  in so far as they relate to unemployment assistance, pre-retirement allowance and farm assist, on 29 December 2004,

(b)  in so far as they relate to unemployment benefit, on 30 December 2004,

(c)  in so far as they relate to disability benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit, on 3 January 2005,

(d)  in so far as they relate to disability allowance, on 5 January 2005,

(e)  in so far as they relate to retirement pension, invalidity pension, family income supplement and a relevant payment by virtue of section 18 (1) (a) of the Social Welfare Act, 1996 , on 6 January 2005, and

(f)   in so far as they relate to old age (contributory) pension, widow's and widower's (contributory) pension and unemployability supplement, on 7 January 2005.

Definition.

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 2003” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Increase in Rates) Regulations 2003 ( S.I. No. 724 of 2003 ).

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 by the substitution in article 22(2) (as amended by article 5 of the Regulations of 2003) for “EUR 151.60” of “EUR 165.60”.

Reduced rates of benefit.

6.  The Principal Regulations are amended by --

(a)  the substitution for Schedule B (as substituted by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Graduated Rates) Regulations, 2003 ( S.I. No. 725 of 2003 ) thereto of the Schedule set out in Schedule 1,

(b)  the substitution for Schedule BA (as inserted by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Graduated Rates) Regulations, 2003 ( S.I. No. 725 of 2003 ) thereto of the Schedule set out in Schedule 2,

(c)  the substitution for Schedule C (as substituted by article 7 of the Regulations of 2003) thereto of the Schedule set out in Schedule 3,

(d)  the substitution for Schedule D (as substituted by article 7 of the Regulations of 2003) thereto of the Schedule set out in Schedule 7,

(e)  the substitution for Schedule E (as substituted by article 7 of the Regulations of 2003) thereto of the Schedule set out in Schedule 8,

(f)  the substitution for Schedule G (as substituted by article 7 of the Regulations of 2003) thereto of the Schedule set out in Schedule 9,

(g)  the substitution for Schedule H (as substituted by article 7 of the Regulations of 2003) thereto of the Schedule set out in Schedule 10,

(h)  the substitution for Schedule I (as substituted by article 7 of the Regulations of 2003) thereto of the Schedule set out in Schedule 11,

(i)   the substitution for Schedule J (as substituted by article 7 of the Regulations of 2003) thereto of the Schedule set out in Schedule 12,

(j)   the substitution for Schedule K (as substituted by article 7 of the Regulations of 2003) thereto of the Schedule set out in Schedule 13,

(k)  the substitution for Schedule L (as substituted by article 7 of the Regulations of 2003) thereto of the Schedule set out in Schedule 14,

(l)   the substitution for Schedule M (as substituted by article 7 of the Regulations of 2003) thereto of the Schedule set out in Schedule 15, and

(m) the substitution for Schedule MA (as substituted by article 7 of the Regulations of 2003) thereto of the Schedule set out in Schedule 16.

Increase for qualified adult.

7.  The Principal Regulations are amended by --

(a)  the substitution in sub-article (3) (inserted by article 8 of the Regulations of 2003) of article 38 of “EUR 110.90” for “EUR 106.20” and of “EUR 103.10” for “EUR 99.10”,

(b)  the substitution in sub-article (3) (inserted by article 8 of the Regulations of 2003) of article 41 of “EUR 110.90” for “EUR 106.20” and of “EUR 103.10” for “EUR 99.10”,

(c)  the substitution for Schedule CA (inserted by article 8 of the Regulations of 2003) thereto of the Schedule set out in Schedule 4,

(d)  the substitution for Schedule CB (inserted by article 8 of the Regulations of 2003) thereto of the Schedule set out in Schedule 5,

(e)  the substitution for Schedule CC (inserted by article 8 of the Regulations of 2003) thereto of the Schedule set out in Schedule 6,

(f)   the substitution for Schedule P (as substituted by article 8 of the Regulations of 2003) thereto of the Schedule set out in Schedule 17,

(g)  the substitution for Schedule PA (inserted by article 8 of the Regulations of 2003) thereto of the Schedule set out in Schedule 18,

(h)  the substitution for Schedule PB (inserted by article 8 of the Regulations of 2003) thereto of the Schedule set out in Schedule 19,

(i)   the substitution for Schedule PC (inserted by article 8 of the Regulations of 2003) thereto of the Schedule set out in Schedule 20,

(j)   the substitution for Schedule PD (inserted by article 8 of the Regulations of 2003) thereto of the Schedule set out in Schedule 21, and

(k)  the substitution for Schedule Q (as substituted by article 8 of the Regulations of 2003) thereto of the Schedule set out in Schedule 22.

SCHEDULE 1

“SCHEDULE B

Articles 18, 25B and 30

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

”.

SCHEDULE 2

“SCHEDULE BA

Article 18, 25B and 30

Reduced rates of Disability, Unemployment and Health and Safety Benefits

”.

SCHEDULE 3

“SCHEDULE C

Article 38

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

”.

SCHEDULE 4

“SCHEDULE CA                     Articles 38 & 41

Rates of tapered qualified adult allowance payable with reduced rates of Old Age (Contributory) Pension/Retirement Pension where the qualified adult has attained pensionable age.

”.

SCHEDULE 5

“SCHEDULE CB                     Articles 38 & 41

Rates of tapered qualified adult allowance payable with reduced rates of Old Age (Contributory) Pension/Retirement Pension where the qualified adult has not attained pensionable age.

”.

SCHEDULE 6

“SCHEDULE CC                     Articles 38 & 41

Rates of tapered qualified adult allowance payable with Old Age (Contributory) Pension/Retirement Pension where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001.

”.

SCHEDULE 7

“SCHEDULE D

Article 41

Special partial Old Age (Contributory) Pension

”.

SCHEDULE 8

“SCHEDULE E

Article 47

Reduced rates of Retirement Pension where contribution conditions are partially satisfied

”.

SCHEDULE 9

“SCHEDULE G

Article 56

Reduced rates of Widow's (Contributory) Pension and Widower's (Contributory) Pension where contribution conditions are partially satisfied

”.

SCHEDULE 10

“SCHEDULE H

Article 57

Special partial Widow's (Contributory) Pension and Widower's (Contributory) Pension

”.

SCHEDULE 11

“SCHEDULE I

Article 64

Reduced rates of Deserted Wife's Benefit where contribution conditions are partially satisfied

”.

SCHEDULE 12

“SCHEDULE J

Article 65

Special partial Deserted Wife's Benefit

”.

SCHEDULE 13

“SCHEDULE K

Article 66(1) (a)

Rates of Deserted Wife's Benefit -- effect of income limit

”.

SCHEDULE 14

“SCHEDULE L

Article 66(1) (b)

Reduced rates of Deserted Wife's Benefit where contribution conditions are partially satisfied -- effect of income limit

”.

SCHEDULE 15

“SCHEDULE M

Article 66(1) (c)

Special partial Deserted Wife's Benefit -- effect of income limit where Claimant is under 66

”.

SCHEDULE 16

“SCHEDULE MA

Article 66(1) (d)

Special partial Deserted Wife's Benefit -- effect of income limit where claimant is aged 66 or over

”.

SCHEDULE 17

“SCHEDULE P

Article 6C

Rates of increases for Qualified Adult

”.

SCHEDULE 18

“SCHEDULE PA                     Article 6D

Rates of increases for Qualified Adult payable with Old Age (Contributory) or Retirement Pension where the qualified adult has not attained pensionable age.

SCHEDULE 19

“Schedule PB                     Article 6D

Rates of increases for Qualified Adult payable with Old Age (Contributory) or Retirement Pension where the qualified adult has attained pensionable age.

SCHEDULE 20

“Schedule PC                     Article 6E

Rates of increases for Qualified Adult payable with Invalidity Pension where the qualified adult has not attained pensionable age.

SCHEDULE 21

“Schedule PD                     Article 6E

Rates of increases for Qualified Adult payable with Invalidity Pension where the qualified adult has attained pensionable age.

SCHEDULE 22

“SCHEDULE Q                     Articles 18 and 30

Rates of increases for Qualified Adult, payable with reduced rates of disability and unemployment benefit

”.

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 2004 provides for increases in the maximum rates of social insurance payments arising from Budget 2005.

These regulations provide for increases in the reduced rates of Disability Benefit, Unemployment Benefit, Health and Safety Benefit, Old Age (Contributory) Pension, Retirement Pension, Widow's and Widower's (Contributory) Pension, 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 2005.

The regulations also provide for increases in the minimum weekly rate of Maternity Benefit and Adoptive Benefit with effect from January 2005.