Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 447/2012
• Year: 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th November, 2012.

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)), 100 (3) (amended by section 12 of the Social Welfare and Pensions Act 2007 ), 109 (9), 177 (amended by section 9 of the Social Welfare and Pensions Act 2011 (No. 9 of 2011)), 220 , 242 , 243 , 247 , 346 (2) and 358 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), by Rules 1(2)(b)(vi), 1(2)(b)(viii), 1(5) and 1(8) of Part 2 of Schedule 3, Rule 1(2) of Part 3 of Schedule 3 and Rules 1(2) and 1(4) of Part 5 of Schedule 3 to the Social Welfare Consolidation Act 2005 and by sections 2(2), 62(7), 109(8), 232(2), 241 and 297 of that Act, 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. 10) (Miscellaneous Amendments) Regulations 2012.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2012 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2012.

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 2011” means the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 ( S.I. No. 604 of 2011 ).

Deletion of references to domiciliary care allowance administered by the Executive.

3. The Principal Regulations are amended—

(a) in article 8 by substituting the following sub-article for sub-article (2) (amended by article 6 of the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 ( S.I. No. 700 of 2007 )):

“(2) In calculating or estimating the weekly income under subarticle (1), any sums received by way of—

(a) disablement benefit under section 75,

(b) death benefit under section 83,

(c) guardian’s payment (contributory),

(d) guardian’s payment (non-contributory),

(e) a payment under section 186A,

(f) domiciliary care allowance,

(g) child benefit, or

(h) a payment from the Executive in respect of a child who is boarded out,

shall be disregarded.”, and

(b) in article 174—

(i) in paragraph (a), by substituting “guardian’s payment (non-contributory), domiciliary care allowance,” for “guardian’s payment (non-contributory),”, and

(ii) by deleting paragraph (b).

Deletion of references to early childcare supplement.

4. Part 7 of the Principal Regulations is amended—

(a) in article 178 in the definition of “benefit”, by deleting paragraph (d),

(b) by deleting articles 194 and 195,

(c) in article 196—

(i) by deleting paragraph (f) of sub-article (1), and

(ii) by deleting the table to sub-article (1),

(d) in article 199(3) by—

(i) substituting the following paragraph for paragraph (c):

“(c) child benefit under Part 4.”, and

(ii) deleting paragraph (d),

(e) by substituting the following article for article 200 (amended by article 8 of the Social Welfare (Consolidated Claims, Payments and Control) (Domiciliary Care Allowance) (Amendment) (No. 3) Regulations 2009 ( S.I. No. 162 of 2009 )):

“Payments no longer due.

200. (1) A claimant or beneficiary who receives payment of child benefit or domiciliary care allowance in the manner provided for in article 192(2) shall—

(a) in accordance with article 188(1)(b), notify the Minister of any change in circumstances which would affect his or her right to such benefit or allowance or to the receipt thereof, and

(b) return to the Minister or an officer of the Minister any payments in respect of such benefit or allowance to which that claimant or beneficiary was not entitled.

(2) Where a person fails to comply with this article, he or she shall be liable to repay, on demand, a sum equivalent to the child benefit or domiciliary care allowance received to which that person was not entitled.”,

and

(f) in article 211 in the definition of “benefit”, by deleting paragraph (d).

One-parent family payment — amendments.

5. The Principal Regulations are amended—

(a) by substituting the following article for article 126 (amended by article 12 of the Regulations of 2011):

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

126. (1) A person is to be regarded for the purposes of Chapter 7 of Part 3 as being an unmarried person if—

(a) not being a married person or a party to a civil partnership, he or she is the parent of a relevant child, and

(b) he or she makes such reasonable efforts, as may be required from time to time by an officer of the Minister, to obtain maintenance from a liable relative.

(2) For the purposes of this article a parent shall include, in the case of a child who has been adopted—

(a) under an adoption order within the meaning of section 3(1) of the Adoption Act 2010 , or

(b) under such other form of adoption as the Minister considers appropriate in the circumstances,

the adopter.”,

(b) by substituting the following article for article 128:

“Residence of child.

128. (1) Subject to this article, for the purposes of Chapter 7 of Part 3 of the Principal Act a relevant child or a qualified child, as the case may be, shall be regarded as normally residing with—

(a) a qualified parent, or

(b) another person to whom one-parent family payment is payable in accordance with the said Chapter 7,

where—

(i) the child is resident...