Social Welfare (Consolidated Payments Provisions) Regulations, 1994.

• Date: 13 December 1994
• Statutory Instrument No.: 417/1994

S.I. No. 417 of 1994.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) REGULATIONS, 1994.

ARRANGEMENT OF ARTICLES

PART I

PRELIMINARY

Article

1. Citation.

2. Commencement.

3. Definitions.

4. Interpretation.

5. Revocations.

6. Persons specified to be adult dependants.

7. Normal residence of qualified child.

8. Persons regarded as receiving full-time education.

9. Expenses.

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

PART II

SOCIAL INSURANCE PAYMENTS

CHAPTER 1

Disability Benefit

11. Persons deemed to be incapable of work.

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

13. Night workers.

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

15. Disqualifications.

16. Reckoning of periods of interruption of employment.

17. Qualifying conditions — disability benefit.

18. Partial satisfaction of conditions for disability benefit.

19. Contribution conditions — disability benefit.

CHAPTER 2

Maternity Benefit

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

21. Volunteer development workers — qualifying conditions.

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

23. Calculation of reckonable weekly earnings.

24. Medical examination to decide question as to correctness of certificate.

25. Disqualifications.

CHAPTER 3

Unemployment Benefit

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

27. Night workers.

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

29. Qualifying conditions — unemployment benefit.

30. Partial satisfaction of conditions for unemployment benefit.

31. Substantial loss of employment.

32. Disqualification.

33. Casual employment.

34. Prescribed manner for proving unemployment.

35. Option to receive unemployment assistance in lieu of unemployment benefit.

CHAPTER 4

Old Age (Contributory) Pension

36. Interpretation.

37. Reckoning of contributions under National Health Insurance Acts.

38. Partial satisfaction of contribution conditions for old age (contributory) pension.

39. Entitlement to pro-rata old age (contributory) pension.

40. Calculation of rate of pro-rata old age (contributory) pension.

41. Special partial old age (contributory) pension.

42. Calculation of yearly average.

43. Saver.

CHAPTER 5

Retirement Pension

Article

44. Interpretation.

45. Reckoning of contributions under National Health Insurance Acts.

46. Period of retirement.

47. Partial satisfaction of contribution conditions for retirement pension.

48. Entitlement to pro-rata retirement pension.

49. Calculation of rate of pro-rata retirement pension.

50. Calculation of yearly average.

51. Saver.

CHAPTER 6

Invalidity Pension

52. Definition of permanently incapable of work.

53. Conditions for receipt of invalidity pension.

54. Disqualification.

CHAPTER 7

Survivor's Pension

55. Interpretation.

56. Partial satisfaction of contribution conditions for survivor's pension.

57. Special partial survivor's pension.

58. Reckoning of contributions paid under Widows' and Orphans' Acts.

59. Calculation of yearly average.

CHAPTER 8

Deserted Wife's Benefit

60. Interpretation.

61. Definition of desertion.

62. Conditions for receipt of deserted wife's benefit.

63. Income limit.

64. Partial satisfaction of contribution conditions for deserted wife's benefit.

65. Special partial deserted wife's benefit.

66. Application of income limit.

67. Calculation of yearly average.

PART III

SOCIAL ASSISTANCE PAYMENTS

CHAPTER 1

Unemployment Assistance

68. Interpretation.

69. Day of unemployment.

70. Prescribed manner for proving unemployment.

71. Disregarding of means.

72. Night workers.

73. Persons deemed to be available for employment.

74. Exemption from disqualification.

CHAPTER 2

Pre-Retirement Allowance

75. Specified age.

76. Period of retirement.

CHAPTER 3

Deserted Wife's Allowance

77. Definition of desertion.

CHAPTER 4

Prisoner's Wife's Allowance

78. Definition of prisoner.

CHAPTER 5

Lone Parent's Allowance

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

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

81. Circumstances in which person to be regarded as being a prisoner's spouse.

82. Residence of qualified child.

83. Continuity.

CHAPTER 6

Carer's Allowance

Article

84. Interpretation.

85. Conditions to be satisfied by carer.

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

CHAPTER 7

Miscellaneous Provisions for Assessment of Means

87. Yearly value of property — unemployment assistance and pre-retirement allowance.

88. Prescribed activity — exemption of income.

89. Earnings disregards — lone parent's allowance, carer's allowance and unemployment assistance.

90. Disregard of proceeds from sale of principal residence.

PART IV

CHILD BENEFIT

91. Normal residence.

92. Full-time education.

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

PART V

FAMILY INCOME SUPPLEMENT

Article

94. Interpretation.

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

96. Sums etc. disregarded in determining weekly family income.

97. Persons regarded as being in remunerative full-time employment.

98. Minimum payment of family income supplement.

PART VI

MISCELLANEOUS PROVISIONS

Preliminary

99. Interpretation.

CHAPTER 1

Claims

100. Claims.

101. Information to be given when making claim.

102. Prescribed time for making claim.

103. Provisional allowance of claim.

104. Claims made outside prescribed time (disqualifications).

105. Extension of time for making claim.

106. Provision of information.

107. Prescribed time for furnishing information.

CHAPTER 2

Payments

108. Manner of payment.

109. Commencement of awards — child benefit and family income supplement.

110. Time of payment.

111. Taking effect of revision on account of change in circumstances.

112. Payable orders.

113. Extinguishment of right to payment.

114. Nominated persons.

115. Persons unable to act.

116. Payment to appointed persons — generally.

117. Payment to appointed person living together with applicant.

118. Payments on death.

119. Sum payable on death — child benefit.

120. Distribution of sum payable on death.

121. Payments after death.

122. Offences.

123. Provisions relating to appointments.

CHAPTER 3

Overlapping Benefits

Article

124. Interpretation.

125. Payment of disablement benefit with other social welfare payments.

126. Payment of orphan's pension with other social welfare payments.

127. Payment of half-rate disability benefit etc. to recipients of survivor's pension and other analogous payments.

128. Payment of blind pension with other social welfare payments.

129. Payment on account.

130. Payment on account of adult dependants and qualified children.

131. Supplementary welfare allowance granted to persons in receipt of long-term payments.

132. Payment of increase for qualified child where child becomes entitled to payment in his own right.

133. Old age (non-contributory) pension — qualified child.

134. Rounding.

135. Saver.

SCHEDULE A

Rules of Behaviour for person claiming or in receipt of disability benefit.

SCHEDULE B

Reduced rates of disability and unemployment benefit.

SCHEDULE C

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

SCHEDULE D

Special partial old age (contributory) pension.

SCHEDULE E

Reduced rates of retirement pension where contribution conditions are partially satisfied.

SCHEDULE F

Rules of Behaviour for person entitled to or in receipt of invalidity pension.

SCHEDULE G

Reduced rates of survivor's pension where contribution conditions are partially satisfied.

SCHEDULE H

Special partial survivor's pension.

SCHEDULE I

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

SCHEDULE J

Special partial deserted wife's benefit.

SCHEDULE K

Rates of deserted wife's benefit — effect of income limit.

SCHEDULE L

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

SCHEDULE M

Special partial deserted wife's benefit — effect of income limit.

SCHEDULE N

Revocations.

S.I. No. 417 of 1994.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) REGULATIONS, 1994.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 2 (as amended by section 13 of the Social Welfare Act, 1994 (No. 4 of 1994), 3,4 (as amended by section 13 of the Social Welfare Act, 1994 ), 31, 32 (as amended by section 7 of the Social Welfare (No. 2) Act, 1993 (No. 32 of 1993)), 35, 36, 37, 39 (as amended by section 17 of the Social Welfare Act, 1994 ), 40, 42 (as amended by section 19 of the Social Welfare Act, 1994 ), 43 (as amended by section 8 of the Social Welfare (No. 2) Act, 1993 ), 46, 47, 84, 88, 89,95,96, 102 (as amended by section 11 of the Social Welfare Act, 1994 ), 110, 111, 120, 121, 125, 126, 129, 153, 155, 162, 164, 169, 188, 192, 193, 199, 200, 202, 205, 206, 207, 209, 210 (as amended by sections 13 and 26 of the Social Welfare Act, 1994 ), 212, 213, 221, 245 and 303 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rule 1 of Part I (as amended by section 18 of the Social Welfare Act, 1994 ) and Rules 1 (as amended by section 15 of the Social Welfare Act, 1994 ), 2 and 4 (as amended by section 16 of the Social Welfare Act, 1994 ) of Part II of the Third Schedule to the...