S.I. No. 184/1998:

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 5) (INCREASE IN RATES) REGULATIONS, 1998.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 5) (INCREASE IN RATES) REGULATIONS, 1998.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 2 (2), (as amended by section 28 of the Social Welfare Act, 1997 (No. 10 of 1997)), 4, 32, 41B (inserted by the European Communities (Social Welfare) Regulations, 1995 ( S.I. No. 25 of 1995 )), 43, 84 (as amended by section 12 of the Social Welfare Act, 1997 ), 89, 102 (as amended by section 27 of the Social Welfare Act, 1996 (No. 7 of 1996)), 111 and 245A (inserted by section 15 of the Social Welfare Act, 1995 (No. 3 of 1995) and amended by section 28 of the Social Welfare Act, 1997 )) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations, 1998.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998.

2. These Regulations shall come into operation--

(a) in so far as it relates to unemployment assistance and disability allowance on the 27th day of May, 1998,

(b) in so far as it relates to unemployment benefit, on the 28th day of May, 1998,

(c) in so far as it relates to disability benefit, maternity benefit, adoptive benefit, health and safety benefit, injury benefit and unemployability supplement on the 1st day of June, 1998,

(d) in so far as it relates to retirement pension, pre--retirement allowance and a relevant payment by virtue of section 18(1)(a) of the Social Welfare Act, 1996 , on the 4th day of June, 1998, and

(e) in so far as it relates to old age (contributory) pension, widow's (contributory) pension and widower's (contributory) pension on the 5th day of June, 1998.

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 1997" means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) Regulations, 1997 ( S.I. No. 237 of 1997 ).

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

5. The Principal Regulations are hereby amended by the substitution in article 22(2) (as amended by article 7 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity and Adoptive Benefit) Regulations, 1997 ( S.I. No. 249 of 1997 )) for "£82.30" of "£83.70".

6. The Principal Regulations are hereby amended by--

(a) the substitution for Schedule B (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 1,

(b) the substitution for Schedule C (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 2,

(c) the substitution for Schedule D (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 3,

(d) the substitution for Schedule E (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 4,

(e) the substitution for Schedule G (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 5,

(f) the substitution for Schedule H (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 6,

(g) the substitution for Schedule I (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 7,

(h) the substitution for Schedule J (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 8,

(i) the substitution for Schedule K (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 9,

(j) the substitution for Schedule L (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 10, and

(k) the substitution for Schedule M (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 11.

7. The Principal Regulations are hereby amended by--

(a) the substitution in article 56 for sub-article (2) of the following sub-articles:

"(2) In the case of a person to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule G, widow's or widower's (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 104 shall be the same as if the contribution condition set out in section 102 (1) (b)(ii) had been fully satisfied.

(3) In the case of a person to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule G, widow's or widower's (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 104 shall be the same as if the contribution condition set out in section 102 (1) (b) (ii) had been fully satisfied.",

(b) the substitution in article 57 for sub-article (2) of the following sub-articles:

"(2) In the case of a person to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule H, fractions of whole numbers being disregarded, widow's or widower's (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 104 shall be the same as if the contribution condition set out in section 102 (1) (b) (ii) had been fully satisfied.

(3) In the case of a person to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule H, fractions of whole numbers being disregarded, widow's or widower's (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 104 shall be the same as if the contribution condition set out in section 102 (1) (b) (ii) had been fully satisfied.",

(c) the substitution in article 64 for sub-article (2) of the following sub-articles:

"(2) In the case of a woman to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule I, deserted wife's benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 113 shall be the same as if the contribution condition set out in section 111 (1) (b) (ii) had been fully satisfied.

(3) In the case of a woman to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule I, deserted wife's benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 113 shall be the same as if the contribution condition set out in section 111 (1) (b) (ii) had been fully satisfied.",

(d) the substitution in article 65 for sub-article (2) of the following sub-articles:

"(2) In the case of a woman to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule J, fractions of whole numbers being disregarded, deserted wife's benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 113 shall be the same as if the contribution condition set out in section 111 (1) (b) (ii) had been fully satisfied.

(3) In the case of a woman to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule J, fractions of whole numbers being disregarded, deserted wife's benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 113 shall be the same as if the contribution condition set out in section 111 (1) (b) (ii) had been fully satisfied.", and

(e) the substitution in article 66 for sub-article (1) of the following sub-article:

"Application of income limit.

66. (1) In the case of a claim for deserted wife's benefit made on or after the 31st day of August, 1992, where a woman would be entitled to deserted wife's 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) (i) in the case of a woman who has not attained the age of 66 years and who satisfies the contribution conditions set out in section 111 (1) 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 K, deserted wife's benefit shall be payable at the weekly rate shown opposite to that amount in column (2) of the said Schedule, and

(ii) in the case of a woman who has attained the age of 66 years and who satisfies the contribution conditions set out in section 111 (1) 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 K, deserted wife's benefit shall be payable at the weekly rate shown opposite to that amount in column (3) of the said Schedule, and

(b) (i) in the case of a woman who has not attained the age of 66 years and who qualifies for deserted wife's benefit by virtue of article 64 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 L, deserted wife's benefit shall be payable at the weekly rate shown opposite to that amount in column (2) or (3) as appropriate, of the said Schedule, and

(ii) in the case of a woman who has attained the age of 66 years and who qualifies for deserted wife's benefit by virtue of article 64 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 L, deserted wife's benefit shall be payable at the weekly rate shown opposite to that amount in column (4) or (5) as appropriate, of the said Schedule,

(c) in the case of a woman who has not attained the age of 66 years and who qualifies for deserted wife's benefit by virtue of article 65 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 M, deserted wife's 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, and

(d) in the case of a woman who has attained the age of 66 years and who qualifies for deserted wife's benefit by virtue of article 65 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 MA, deserted wife's 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.".

8. The Principal Regulations are hereby amended by--

(a) the substitution for Schedule P (as inserted by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Increase for Qualified Adult) Regulations, 1997 ( S.I. No. 492 of 1997 )) thereto of the Schedule set out in Schedule 12, and

(b) the substitution for Schedule Q (as inserted by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Increase for Qualified Adult) Regulations, 1997 ( S.I. No. 492 of 1997 )) thereto of the Schedule set out in Schedule 13.

9. The Principal Regulations are hereby amended by the insertion after Schedule M of the following Schedule:

"SCHEDULE MA

Article 66 (1) (d)

Special partial deserted wife's benefit -- effect of income limit where Claimant is aged 66 or over

".

SCHEDULE 1

"SCHEDULE B

Articles 18, 25B and 30

Reduced rates of disability, unemployment and health and safety benefits

" .

SCHEDULE 2

"SCHEDULE C

Article 38

Reduced rates of old age (contributory) pension where contribution conditions are partially satisfied

" .

SCHEDULE 3

"SCHEDULE D

Article 41

Special partial old age (contributory) pension

".

SCHEDULE 4

"SCHEDULE E

Article 47

Reduced rates of retirement pension where contribution conditions are partially satisfied

" .

SCHEDULE 5

"SCHEDULE G

Article 56

Reduced rates of widow's (contributory) pension and widower's (contributory) pension where contribution conditions are partially satisfied

" .

SCHEDULE 6

"SCHEDULE H

Article 57

Special partial widow's (contributory) pension and widower's (contributory) pension

" .

SCHEDULE 7

"SCHEDULE I

Article 64

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied

" .

SCHEDULE 8

"SCHEDULE J

Article 65

Special partial deserted wife's benefit

" .

SCHEDULE 9

"SCHEDULE K

Article 66 (1) (a)

Rates of deserted wife's benefit -- effect of income limit

" .

SCHEDULE 10

"SCHEDULE L

Article 66 (1) (b)

Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied -- effect of income limit

" .

SCHEDULE 11

"SCHEDULE M

Article 66 (1) (c)

Special partial deserted wife's benefit -- effect of income limit where Claimant is under 66

" .

SCHEDULE 12

"SCHEDULE P

Article 6C

Rates of increase for Qualified Adult

" .

SCHEDULE 13

"SCHEDULE Q

Articles 18 and 30

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

" .

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 21st day of May, 1998.

DERMOT AHERN,

Minister for Social, Community and Family Affairs.

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

GIVEN under the Official Seal of the Minister for Finance, this 23rd day of May, 1998.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

The Social Welfare Act, 1998 provided for increases in the maximum rates of social insurance payments arising from the 1998 Budget, with effect from June, 1998.

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 June 1998.

The Regulations also provide for increases in the minimum weekly rate of Maternity Benefit and Adoptive Benefit with effect from June 1998.