Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations, 2007

• Jurisdiction: Ireland
• Citation: IR SI 700/2007
• Year: 2007

S.I. No. 700 of 2007 .

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (NO. 5) (ASSESSMENT OF EARNINGS) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th October, 2007.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2(2)(c), 4 and Rules 1(2), 1(2)(b)(vi) and (viii), 1(6), 1(7) and 1(8) of Part 2 of Schedule 3 to the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007.

(2) These Regulations shall be construed as one with the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) and shall be included in the collective citation “the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007”.

Commencement

2. (1) These Regulations (other than Regulations 5, 6 and 14) come into operation on 26 September 2007.

(2) Regulations 5, 6 and 14 come into operation on 27 September 2007.

Definition

3. In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007.

Qualified adults — Wholly or mainly maintaining

4. The Principal Regulations are amended in article 7 by substituting the following sub-articles for sub-articles (1) and (2):

“(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 where that spouse’s weekly income, calculated or estimated in accordance with article 8, does not exceed €100.

(1A) 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.

(2) 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 who are not living together, shall be regarded as wholly or mainly maintaining his or her spouse where that spouse is not cohabiting with another person as husband and wife and that spouse’s weekly income, calculated or estimated in accordance with article 8, does not exceed €100 and the firstmentioned person is contributing towards the maintenance of his or her spouse 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.

(2A) In the case of a person to whom section 141(2)(d), 149(4), 210(2) and 214(2) apply, a person, being one of a married couple who are not living together, shall be regarded as wholly or mainly maintaining his or her spouse where that spouse is not cohabiting with another person as husband and wife and the firstmentioned person is contributing towards the maintenance of his or her spouse 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.”.

Persons specified to be qualified adults

5. The Principal Regulations are amended by the insertion in article 6(b) after “death benefit under section 83,” of “a payment under section 186A,”.

Calculation of income limit

6. The Principal Regulations are amended by the insertion in article 8(2) after “death benefit under section 83,” of “a payment under section 186A,”.

Maintenance arrangements

7. The Principal Regulations are amended by the substitution in article 143(1) for “Rule 1(2)(b)(i) of Part 3” of “Rule 1(2)(b)(ii) of Part 3”.

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

8. The following article is substituted for article 145 of the Principal Regulations:

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

145. (1) For the purposes of Rules 1(5) and 1(8) of Part 2 of Schedule 3 to the Principal Act, the value of any money derived by a claimant for each week in respect of which he or she is engaged in insurable employment shall be 60 per cent of the average weekly earnings from that employment calculated in accordance with sub-article (2).

(2) For the purposes of subarticle (1), the average weekly earnings shall be determined by reference to the gross earnings received from insurable employment in the 13 weeks preceding the date of claim for jobseeker’s allowance or farm assist or such other period which a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the particular case, less an amount calculated in accordance with subarticle (3).

(3) For the purposes of subarticle (2) the amount shall be the aggregate of—

(a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),

(b) any contributions payable under section 13(2)(b) and regulations made under section 14 or section 21,

(c) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),

(d) any payment to a trade union, and

(e) €20 in respect of each day of insurable employment, subject to a maximum of €60 per week.”.

Earnings disregard — disability allowance

9. The following article is substituted for article 147 of the Principal Regulations:

“Earnings disregard — disability allowance

147. (1) For the purposes of Rule 1(2)(b)(viii) of Part 2 of Schedule 3 to the Principal Act, the value of any weekly earnings derived by a claimant for each week in respect of which he or she is engaged in employment or self-employment of a rehabilitative nature, shall be

(a) 50 per cent of the first €230 of weekly earnings from that employment or self-employment, and

(b) all weekly earnings from that employment or self-employment...