S.I. No. 237/1992:

SOCIAL WELFARE (DESERTED WIFE'S BENEFIT) REGULATIONS, 1992.

SOCIAL WELFARE (DESERTED WIFE'S BENEFIT) REGULATIONS, 1992.

The Minister for Social Welfare in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 , section 100 of that Act (as amended by section 25 of the Social Welfare Act, 1992 (No. 5 of 1992)) and by section 101 of that Act (as amended by section 26 of the 1992 Act), hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Deserted Wife's Benefit) Regulations, 1992.

2. In these Regulations--

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 ;

"the Act of 1973" means the Social Welfare Act, 1973 (No. 10 of 1973);

"benefit" means deserted wife's benefit payable under section 100 of the Principal Act;

"relevant period" means the period over which the yearly average of contributions per contribution year is calculated for the purposes of deserted wife's benefit in accordance with section 101 (1) (b) of the Principal Act.

3. These Regulations shall come into operation on the 31st day of August, 1992.

4. The Regulations specified in columns (1) and (2) of Schedule F of these Regulations are hereby revoked to the extent specified in column (3) of that Schedule opposite the mention of those Regulations in column (2).

5. A woman is to be regarded for the purposes of subsection (2) of section 100 of the Principal Act as having been deserted by her husband if--

( a ) her husband has of his own volition left her, or his conduct has resulted in her leaving him with just cause, and

( b ) she is not being maintained by her husband, or if she is being so maintained, the weekly amount of maintenance received is less than the rate shown opposite reference 6 in column (2) of Part I of the Second Schedule to the Principal Act increased by the amount set out in column (4) or (5) of the said Schedule in respect of each qualified child who normally resides with her, and

( c ) she and her husband have lived apart from one another for a continuous period of at least three months immediately preceding the date of her claim for benefit.

6. The following conditions are hereby prescribed for the purposes of subsection (1) (d) of section 100 of the Principal Act--

( a ) a woman who has been deserted by her husband shall make and continue to make appropriate efforts, in the particular circumstances, to obtain maintenance from her husband, and

( b ) she and any person shall not be cohabiting as husband and wife.

7. (1) The amount prescribed for the purposes of subsection (1) (bb) of section 100 of the Principal Act shall be £10,000.

(2) The amount prescribed for the purposes of subsection (5) (a) of section 101 of the Principal Act shall be £14,000.

8. (1) Subject to article 10 of these Regulations where a woman would be entitled to benefit but for the fact that the relevant contribution conditions are not satisfied as respects the yearly average, she shall be entitled to benefit at a rate determined in accordance with sub-article (2) of this article provided that the yearly average in the relevant period is not less than twenty-four.

(2) In the case of a woman to whom sub-article (1) of this article applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule A to these Regulations, fractions of whole numbers being disregarded, the benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule.

9. (1) Subject to article 10 of these Regulations, in the case of a person who became an employed contributor as a consequence of the coming into operation of section 12 of the Act of 1973 having ceased to be an employed contributor and where there would be entitlement to benefit by virtue of the person's or the person's spouse's insurance record but for the fact that the relevant contribution condition set out in subsection (1) (b) (ii) of section 101 of the Principal Act is not satisfied and there is no entitlement to benefit under Regulations made in exercise of the power conferred by subsection (4) of the said section, she shall be entitled to benefit at a rate determined in accordance with sub-articles (2) and (3) of this article provided that the yearly average in the relevant period is not less than five.

(2) In the case of a woman to whom sub-article (1) of this article applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule B to these Regulations, fractions of whole numbers being disregarded, the benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule.

(3) In the case of a woman to whom sub-article (1) of these article applies, any increase of benefit payable under subsection (1) of section 103 of the Principal Act shall be at the rate specified opposite reference 6 in column (4) or (5) of Part I of the Second Schedule to the Principal Act.

10. (1) In the case of a claim for benefit made on or after the 31st day of August, 1992 where the woman would be entitled to benefit but for the fact that she has an aggregate of reckonable income and reckonable earnings in excess of £10,000 in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, the following provisions shall apply--

( a ) in the case of a woman who satisfies the contribution conditions set out in subsection (1) of section 101 of the Principal Act and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule C to these Regulations, the benefit shall be payable at the weekly rate shown opposite to that amount in column (2) of the said Schedule,

( b ) in the case of a woman who qualifies for benefit by virtue of article 8 of these Regulations and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in the column (1) of Schedule D to these Regulations, the benefit shall be payable at the weekly rate shown opposite to that amount in column (2) or (3) as appropriate, of the said Schedule,

( c ) in the case of a woman who qualifies for benefit by virtue of article 9 of these Regulations and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule E to these Regulations, the benefit shall be payable at the weekly rate shown opposite to that amount in column (2), (3) or (4) as appropriate, of the said Schedule.

(2) In the case of a woman to whom sub-article (1) of this article applies any increase of benefit payable under subsection (1) of section 103 of the Principal Act shall be at the rate specified opposite reference 6 in column (4) or (5) of Part I of the Second Schedule to the Principal Act.

SCHEDULE A

Article 8

SCHEDULE B

Article 9

SCHEDULE C

Article 10 (1) (a)

SCHEDULE D

Article 10 (1) (b)

SCHEDULE E

Article 10 (1) (c)

SCHEDULE F

Revocation of Regulations

Article 4

GIVEN under the Official Seal of the Minister for Social Welfare, this 29th day of July, 1992.

CHARLIE McCREEVY,

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 29th day of July, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations consolidate the existing regulatory provisions relating to the Deserted Wife's Benefit scheme including the definition of what constitutes desertion for the purpose of the scheme. The Regulations also prescribe income limits for determining entitlement to benefit in accordance with sections 25 and 26 of the Social Welfare Act, 1992 .

Where the claimant has income between £10,000 and £14,000, a reduced personal rate, related to the level of income, will be payable and the full rate increases in respect of any dependent children will be payable in such cases. Benefit will not be payable where the claimant's income exceeds £14,000.