Social Welfare (Consolidated Claims, Payments And Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011

• Jurisdiction: Ireland
• Citation: IR SI 604/2011
• Year: 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th November, 2011.

I, JOAN BURTON, Minister for Social Protection in exercise of the powers conferred on me by sections 3, 4 (amended by section 96 of the Ministers and Secretaries (Amendment) Act 2011 (No. 10 of 2011)), 109(9), 109(10), 109(15), 125(4), 125(6), 137, 138 (amended by section 11 of the Social Welfare and Pensions (No. 2) Act 2009 (No. 43 of 2009)), 149 (amended by section 19 of the Social Welfare and Pensions Act 2010 (No. 37 of 2010)), 177 (amended by section 9 of the Social Welfare and Pensions Act 2011 (No. 9 of 2011)), 178, 178A (inserted by section 10 of the Social Welfare Act 2005 (No. 30 of 2005)), 220, 230, 232(1), 242, 243, 244 (amended by section 26 of the Social Welfare and Pensions Act 2010 ), 244A (inserted by section 12 of the Social Welfare and Pensions Act 2011 ), 247 (amended by section 26 of the Social Welfare and Pensions Act 2010 ), 248, 249, 267, 290, 300(6) and 346(2) of, and Rules 1(2)(b)(vi) and 1(8) of Part 2 of Schedule 3 to, the Social Welfare Consolidation Act 2005 (No. 26 of 2005) and by sections 2(2), 109(8), 109(14), 125(3), 125(5), 232(2), 232(3), 241 (amended by section 26 of the Social Welfare and Pensions Act 2010 ) and 297 of, and Rules 1(6) and 1(7) of Part 2 of Schedule 3 to, the Social Welfare Consolidation Act 2005 , with the consent of the Minister for Public Expenditure and Reform, hereby make the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2011 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2011.

Definitions.

2. In these Regulations—

“Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 );

“Regulations of 2007” means the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 ( S.I. No. 700 of 2007 ); and

“Regulations of 2008” means the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Increase in Rates) Regulations 2008 ( S.I. No. 601 of 2008 ).

Increases for qualified adults.

3. The Principal Regulations are amended by substituting the following articles for articles 6 and 7 (amended by articles 4 and 5 of the Regulations of 2007):

“Persons specified to be qualified adults.

6. Subject to sections 187 and 297, a person who is the spouse, civil partner or cohabitant of a claimant or beneficiary and is being wholly or mainly maintained by that claimant or beneficiary shall be specified to be a qualified adult in relation to that claimant or beneficiary for the purposes of section 2(2)(c) of the Principal Act if he or she is—

(a) in employment or self-employment, or

(b) entitled to or in receipt of disablement benefit under section 75, death benefit under section 83, a payment under section 186A, guardian’s payment (contributory), guardian’s payment (non-contributory) and to no other benefit or assistance (other than supplementary welfare allowance).

Income limit — qualified adult.

7. (1) Other than a person to whom sections 141(2)(d), 149(4), 210(2) and 214(2) apply, a person, being one of a couple, shall be regarded as wholly or mainly maintaining his or her spouse or civil partner or a cohabitant of that person where the weekly income of that spouse, civil partner or cohabitant, as the case may be, calculated or estimated in accordance with article 8, does not exceed €100.

(2) In the case of a person to whom sections 141(2)(d), 149(4), 210(2) and 214(2) apply, a person, being one of a couple, shall be regarded as wholly or mainly maintaining his or her spouse or civil partner or a cohabitant of that person.

(3) Other than a person to whom sections 141(2)(d), 149(4), 210(2) and 214(2) apply, a person, being one of a married couple or of a civil partnership who are not living together, shall be regarded as wholly or mainly maintaining his or her spouse or civil partner where that spouse or civil partner is not a cohabitant of another person and the weekly income of that spouse or civil partner, calculated or estimated in accordance with article 8, does not exceed €100 and the first-mentioned person is contributing towards the maintenance of his or her spouse or civil partner by a weekly amount which is equal to or in excess of the amount set down in column (3) of Part 1 of Schedule 4 to the Principal Act.

(4) In the case of a person to whom sections 141(2)(d), 149(4), 210(2) and 214(2) apply, a person, being one of a married couple or of a civil partnership who are not living together, shall be regarded as wholly or mainly maintaining his or her spouse or civil partner where the spouse or civil partner is not a cohabitant of another person and the first-mentioned person is contributing towards the maintenance of his or her spouse or civil partner by a weekly amount which is equal to or in excess of the amount set down in column (3) of Part 1 of Schedule 4 to the Principal Act.

(5) A person, being—

(a) a single person,

(b) a widow,

(c) a widower,

(d) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person’s spouse,

(e) a surviving civil partner, or

(f) a civil partner who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his or her civil partner,

shall be regarded as wholly or mainly maintaining another person where that other person, being over the age of 16 years and having the care of one or more than one qualified child of the first-mentioned person, resides with the first-mentioned person and his or her weekly income, calculated or estimated in accordance with article 8, does not exceed €100.

(6) In sub-articles (1) and (2) ‘couple’ means—

(a) a married couple who are living together,

(b) both civil partners of a civil partnership who are living together, or

(c) both cohabitants.”.

Reduced rate qualified adult increases and income limit for qualified child increase.

4. The Principal Regulations are amended by the substitution of the following articles for articles 9 to 12:

“Reduced rate qualified adult increase.

9. Where a claimant or beneficiary of illness benefit, jobseeker’s benefit, injury benefit, or incapacity supplement under Part 2 of the Principal Act or jobseeker’s allowance, pre-retirement allowance, disability allowance or farm assist under Part 3 of the Principal Act would be entitled to an increase in respect of—

(a) his or her spouse,

(b) his or her civil partner, or

(c) a cohabitant of that claimant or beneficiary,

but for the fact that the weekly income of that spouse, civil partner or cohabitant, as the case may be, calculated or estimated in accordance with article 8—

(i) exceeds the limit prescribed in article 7, and

(ii) does not exceed the highest amount specified in column (1) of Schedule 1 to these Regulations,

an increase in that benefit, allowance, assistance or supplement, as the case may be, shall be paid at the weekly rate set out in column (2) of the said Schedule opposite the relevant band of income in column (1) that corresponds to the said weekly income.

Reduced rate qualified adult increase — State pensions.

10. Subject to articles 62(3) and 65(2), where a claimant or beneficiary of State pension (contributory) or State pension (transition) under Part 2 of the Principal Act would be entitled to an increase in respect of—

(a) his or her spouse,

(b) his or her civil partner, or

(c) a cohabitant of that claimant or beneficiary,

but for the fact that the weekly income of that spouse, civil partner or cohabitant, as the case may be, calculated or estimated in accordance with article 8—

(i) exceeds the limit prescribed in article 7, and

(ii) does not exceed the highest amount specified in column (1) of Schedule 2 or 3 to these Regulations, as appropriate,

an increase in pension shall be paid—

(I) in the case of a person to whom sections 109(18), 109(19) or 113 applies, and whose spouse, civil partner or cohabitant, as the case may be, has not attained pensionable age, at half the weekly rate set out in column (2) of Schedule 3 opposite the relevant band of income in column (1) of that Schedule that corresponds to the said weekly income,

(II) in the case of any other claimant or beneficiary whose spouse, civil partner or cohabitant, as the case may be, has not attained pensionable age, at the weekly rate set out in column (2) of Schedule 3 opposite the relevant band of income in column (1) of that Schedule that corresponds to the said weekly income,

(III) in the case of a person to whom sections 109(18), 109(19) or 113 applies, and whose spouse, civil partner or cohabitant, as the case may be, has attained pensionable age, at half the weekly rate set out in column (2) of Schedule 2 opposite the relevant band of income in column (1) of that Schedule that corresponds to the said weekly income,

(IV) in the case of any other claimant or beneficiary whose spouse, civil partner or cohabitant, as the case may be, has attained pensionable age, at the weekly rate set out in column (2) of Schedule 2 opposite the relevant band of income in column (1) of that Schedule that corresponds to the said weekly income.

Reduced rate qualified adult increase — invalidity pension.

11. Where a claimant or beneficiary of invalidity pension under Part 2 of the Principal Act would be entitled to an increase in respect of—

(a) his or her spouse,

(b) his or...