Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

• Published date: 06 April 2007
• Statutory Instrument No.: 142/2007

S.I. No. 142 of 2007

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) REGULATIONS 2007

ARRANGEMENT OF ARTICLES

PART 1

Preliminary

Article

1. Citation.

2. Commencement.

3. Definitions.

4. Interpretation.

5. Revocations.

6. Persons specified to be qualified adults.

7. Income limit — qualified adult.

8. Calculation of income limit.

9. Reduced rate qualified adult increase.

10. Reduced rate qualified adult increase — State pensions.

11. Reduced rate qualified adult increase — invalidity pension.

12. Spouse income limit — qualified child increase.

13. Normal residence of qualified child.

14. Persons regarded as receiving full-time education.

15. Persons regarded as available for employment.

16. Persons regarded as genuinely seeking employment.

17. Expenses.

18. Conversion of contributions paid under National Health Insurance Acts.

19. Qualified child increase — linked claims.

PART 2

Social Insurance Payments

CHAPTER 1

Illness Benefit

20. Persons deemed to be incapable of work.

21. Days not to be treated as days of incapacity for work.

22. Night workers.

23. Special provision relating to delay or failure in claiming.

24. Disqualifications.

25. Reckoning of periods of interruption of employment.

26. Qualifying conditions — illness benefit.

27. Partial satisfaction of conditions — illness benefit.

28. Contribution conditions — illness benefit.

CHAPTER 2

Maternity Benefit

29. Expected week of confinement and duration of maternity benefit in certain cases.

30. Postponement of maternity benefit in event of hospitalisation of child.

31. Volunteer development workers — qualifying conditions.

32. Determination of income tax year and prescribed weekly amount for purposes of maternity benefit.

33. Calculation of reckonable weekly earnings.

34. Medical examination to determine validity of certificate.

35. Disqualifications.

CHAPTER 3

Health and Safety Benefit

36. Qualifying conditions for benefit.

37. Partial satisfaction of conditions for benefit.

CHAPTER 4

Adoptive Benefit

38. Definitions.

39. Volunteer development workers — qualifying conditions.

40. Determination of income tax year and prescribed weekly amount.

41. Calculation of reckonable weekly earnings.

42. Disqualification.

43. Postponement of adoptive benefit during hospitalisation of child.

CHAPTER 5

Jobseeker’s Benefit

44. Days not to be treated as days of unemployment.

45. Night workers.

46. Special provision relating to delay or failure in claiming.

47. Qualifying conditions — jobseeker’s benefit.

48. Partial satisfaction of conditions for jobseeker’s benefit.

49. Substantial loss of employment.

50. Disqualification.

51. Casual employment.

52. Prescribed manner for proving unemployment.

CHAPTER 6

Carer’s Benefit

53. Interpretation.

54. Conditions to be satisfied by non-resident carer.

55. Prescribed manner for certification of disability.

56. Circumstances in which carer is to be regarded as providing full-time care and attention.

57. Conditions and circumstances under which a carer may engage in employment, self-employment, training and education.

58. Medical examination and disqualification.

CHAPTER 7

State Pension (Contributory)

59. Interpretation.

60. Conditions to be satisfied by non-resident homemaker.

61. Reckoning of contributions under National Health Insurance Acts.

62. Partial satisfaction of contribution conditions for State pension (contributory).

63. Entitlement to pro-rata State pension (contributory).

64. Calculation of rate of pro-rata State pension (contributory).

65. Special partial State pension (contributory).

66. Calculation of yearly average.

67. Saver.

CHAPTER 8

State Pension (Transition)

68. Interpretation.

69. Reckoning of contributions under National Health Insurance Acts.

70. Period of retirement.

71. Partial satisfaction of contribution conditions for State pension (transition).

72. Entitlement to pro-rata State pension (transition).

73. Calculation of rate of pro-rata State pension (transition).

74. Calculation of yearly average.

75. Saver.

CHAPTER 9

Invalidity Pension

76. Definition of permanently incapable of work.

77. Conditions for receipt of invalidity pension.

78. Disqualification.

CHAPTER 10

Widow’s (Contributory) Pension and Widower’s (Contributory) Pension

79. Interpretation.

80. Partial satisfaction of contribution conditions for widow’s and widower’s pension.

81. Special partial widow’s and widower’s pension.

82. Reckoning of contributions paid under Widows’ and Orphans’ Acts.

83. Calculation of yearly average.

CHAPTER 11

Deserted Wife’s Benefit

84. Interpretation.

85. Conditions for receipt of deserted wife’s benefit.

86. Income limit.

87. Partial satisfaction of contribution conditions.

88. Special partial payment.

89. Application of income limit.

90. Calculation of yearly average.

CHAPTER 12

Treatment Benefit

91. Interpretation.

92. Treatment benefit.

93. Entitlement to treatment benefit.

94. Contribution conditions.

95. Contribution conditions for volunteer development workers.

96. Treatment benefit for dependant spouse.

97. Continued benefit to dependant spouse after the death of an insured person.

98. Continued entitlement over age 60.

99. Reckoning of contributions paid under National Health Insurance Acts.

100. Claim for treatment benefit.

101. Limitation on benefit for a claimant who is a member of the Defence Forces.

102. Cost of medical certificates.

103. Time limit for obtaining treatment benefit.

104. Notice of decision.

105. Payment by the Minister.

106. Panels.

107. Limitation on dental benefit for a claimant who is a member of the Defence Forces.

108. Amount payable in respect of dental benefit.

109. Benefit in respect of medical appliances.

110. Amount payable in respect of medical appliance benefit.

111. Claims for and payment of medical appliance benefit.

112. Claims for and payment of optical benefit.

113. Limitation on optical benefit for claimant who is a member of the Defence Forces.

114. Amount payable in respect of optical benefit.

115. Sight tests.

PART 3

Social Assistance Payments

CHAPTER 1

Jobseeker’s Allowance

116. Interpretation.

117. Day of unemployment.

118. Prescribed manner for proving unemployment.

119. Night workers.

120. Persons deemed to be available for employment.

121. Exemption from disqualification.

CHAPTER 2

Pre-Retirement Allowance

122. Conditions for entitlement.

123. Period of retirement.

CHAPTER 3

One-Parent Family Payment

124. Definition.

125. Circumstances in which person is to be regarded as being a separated spouse.

126. Circumstances in which person is to be regarded as being an unmarried person.

127. Circumstances in which person is to be regarded as being a prisoner’s spouse.

128. Residence of qualified child.

129. Continued entitlement to payment.

130. Transfer of maintenance.

CHAPTER 4

Carer’s Allowance

131. Interpretation.

132. Conditions to be satisfied by carer.

133. Conditions to be satisfied by non-resident carer.

134. Prescribed manner for certification of disability.

135. Medical examination.

136. Circumstances in which carer is to be regarded as providing full-time care and attention.

CHAPTER 5

Disability Allowance

137. Specified disability.

138. Disqualification.

139. Temporary residence.

140. Holidays.

CHAPTER 6

Miscellaneous Provisions for Assessment of Means

141. Exemption from assessment of property.

142. Assessment of means — non-cash benefits.

143. Maintenance arrangements.

144. Assessment of means — carer’s allowance.

145. Assessment of claimant’s earnings — jobseeker’s allowance and farm assist.

146. Assessment of claimant’s seasonal earnings — jobseeker’s allowance and farm assist.

147. Earnings disregard — disability allowance.

148. Earnings disregard — State pension (non-contributory).

149. Earnings disregard — widow’s (non-contributory) pension and widower’s (non-contributory) pension.

150. Earnings disregard — blind pension.

151. Assessment of earnings — one-parent family payment.

152. Prescribed activity — exemption of income.

153. Assessment of spouse’s earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist.

154. Assessment of spouse’s seasonal earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist.

155. Disregard of certain compensation awards.

156. Yearly value of property — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist.

157. Prescribed age for the purposes of benefit and privilege — jobseeker’s allowance.

158. Disregard of proceeds from sale of principal residence — disability allowance, State pension (non-contributory) and blind pension.

PART 4

Child Benefit

159. Normal residence.

160. Full-time education.

161. Children regarded as continuing to receive full-time education.

PART 5

Respite Care Grant

162. Interpretation.

163. Date respite care grant payable.

164. Entitlement to grant for certain classes of carer.

165. Period for which full-time care and attention to be given.

166. Carer — residence in institution.

167. Certain circumstances in which carer may continue to be regarded as providing full-time care and attention.

168. Conditions to be satisfied by non-resident carer.

169. Conditions and circumstances under which a carer may engage in employment, self-employment, training and eduction.

170. Prescribed manner for certification of incapacity.

171. Medical examination and disqualification.

PART 6

Family Income Supplement

172. Interpretation.

173. Manner of calculation or estimation of weekly family income.

174. Sums disregarded in determining weekly family...