Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006

Date25 October 2006
Statutory Instrument No.571/2006

S.I. No. 571 of 2006

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 13) (MISCELLANEOUS PROVISIONS) REGULATIONS 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), 3 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 40, 41, 46 (all amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 47 (as amended by section 7 of the Social Welfare Act 2005 (No. 30 of 2005)), 49 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 50, 53, 60 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 64 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 104, 109 (as amended by sections 4, 10 and 37 and Schedules 1 and 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 115 (as amended by sections 4 and 14 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 118, 125, 173 (as amended by sections 22 and 27 of the Social Welfare Law Reform and Pensions Act 2006 ), 185, 210, 212, 226, 241 (as amended by sections 4 and 17 and Schedules 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 242, 243, 250 (as amended by sections 29 and 37 and Schedules 6 and 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 253, 254, 260, 341 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 342 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ) and 346, Rules 1(1), 1(2), 1(2)(b)(ii), 1(2)(b)(viii), 1(3), 1(5), 1(6) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 1(7) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 1(8), 1(10) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ) and 2 of Part 2, Rules 1(1), 1(2), 1(2)(b)(i), 1(2)(b)(vi) and 3 (all substituted by section 24 and Schedule 4 of the Social Welfare Law Reform and Pensions Act 2006 ) of Part 3 and Rules 1(1), 1(2), 1(2)(b)(ii), 1(2)(b)(vii), 1(2)(b)(x), 1(4)(a), 1(5), 3 and 4(3) (all inserted by section 25 and Schedule 5 of the Social Welfare Law Reform and Pensions Act 2006 ) of Part 5 and reference 19 of Table 2 to Schedule 3 of the Social Welfare Consolidation Act 2005 , hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006.

Commencement.

2. These Regulations come into operation on 1 November 2006.

Definitions.

3. In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ).

Amendment consequential on alignment of income tax and calendar years.

4. The Principal Regulations are amended -

(a) in the definition of “governing contribution year” in article 3 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (One-Parent Family Payment) Regulations 1996 ( S.I. No. 426 of 1996 )) by inserting “second” after “means the”,

(b) in articles 22(1) and 25E(1) (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations 1995 ( S.I. No. 94 of 1995 )) by substituting “second last complete income tax year” for “last complete income tax year”, in each place where it occurs, and

(c) in article 25A(1) by substituting “second last complete contribution year” for “last complete contribution year”.

Amendment of obsolete terms.

5. The Principal Regulations are amended -

(a) in articles 6B(2) (substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.1) (Miscellaneous Provisions) Regulations 2001 ( S.I. No. 103 of 2001 )) and 96(b) by substituting “disabled” for “handicapped”, in each place where it occurs, and

(b) in article 86A (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.3) (Disability Allowance) Regulations 1997 ( S.I. No. 251 of 1997 )) by substituting “restricted” for “handicapped”, in each place where it occurs.

Amendments consequential on consolidation of schedules.

6. The Principal Regulations are amended -

(a) in article 6C (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations 2001 ( S.I. No. 99 of 2001 )) by substituting “Schedule 12” for “Schedule P” and deleting “or column (3), as the case may be,”,

(b) in article 6D (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.7) (Increase for Qualified Adult) Regulations 2000 (S.I. 124 of 2000)) by substituting:

(i) “Schedules 4 or 5” for “Schedules PA or PB”,

(ii) “Schedule 4” for “Schedule PB”, and

(iii) “Schedule 5” for “Schedule PA”,

(c) in article 6E (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase for Qualified Adult) Regulations 2000 ( S.I. No. 88 of 2000 )) by substituting:

(i) “Schedule 14” for “Schedule PC or PD”,

(ii) “Schedule 14” for “Schedule PC”, and

(iii) “column (3) of Schedule 14” for “column (2) of Schedule PD”,

(d) in articles 18, 25B and 30 (all substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.8) (Graduated Rates) Regulations 2003 ( S.I. No. 725 of 2003 )) by substituting:

(i) “Schedules 1 or 2” for “Schedules B or BA”,

(ii) “Schedule 1” for “Schedule B”,

(iii) “Schedule 2” for “Schedule BA”, and

(iv) “Schedule 13” for “Schedule Q”,

(e) in article 38 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.7) (Increase in Rates) Regulations 2003 ( S.I. No. 724 of 2003 )) by -

(i) substituting:

(I) “Schedule 3” for “Schedule C”,

(II) “Schedule 4” for “Schedule CA”,

(III) “Schedule 5” for “Schedule CB”, and

(IV) “Schedule 6” for “Schedule CC”,

and

(ii) in paragraphs (4)(a) and (b), by substituting for sub-paragraphs (i) to (iv) the following:

“(i) in column (3) where the yearly average of the claimant or beneficiary is 20-47,

(ii) in column (4) where the yearly average of the claimant or beneficiary is 15-19,

(iii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and

(iv) in column (6) where the yearly average of the claimant or beneficiary is 5-9, and”,

(f) in article 41 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Increase in Rates) Regulations 2005 ( S.I. No. 880 of 2005 )) by -

(i) substituting:

(I) “Schedule 4” for “Schedule CA”,

(II) “Schedule 5” for “Schedule CB”,

(III) “Schedule 6” for “Schedule CC”, and

(IV) “Schedule 3” for “Schedule D”,

and

(ii) in paragraphs (4)(a) and (b), by substituting for sub-paragraphs (i) to (iii) the following:

“(i) in column (4) where the yearly average of the claimant or beneficiary is 15-19,

(ii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and

(iii) in column (6) where the yearly average of the claimant or beneficiary is 5-9, and”,

(g) in article 47 by substituting “Schedule 7” for “Schedule E”,

(h) in article 56 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 ( S.I. No. 184 of 1998 )) by substituting “Schedule 8” for “Schedule G”,

(i) in article 57 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 ( S.I. No. 184 of 1998 )) by substituting “Schedule 8” for “Schedule H”,

(j) in article 64 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 ( S.I. No. 184 of 1998 )) by substituting “Schedule 8” for “Schedule I”,

(k) in article 65 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 ( S.I. No. 184 of 1998 )) by substituting “Schedule 8” for “Schedule J”,

(l) in article 66 (substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 ( S.I. No. 184 of 1998 )) by -

(i) substituting in paragraph (a) “Schedule 9” for “Schedule K”,

(ii) substituting in sub-paragraph (b)(i):

(I) “Schedule 10” for “Schedule L”, and

(II) “column (5) or (6)” for “column (2) or (3)”,

(iii) substituting in sub-paragraph (b)(ii):

(I) “Schedule 11” for “Schedule L”, and

(II) “column (5) or (6)” for “column (4) or (5)”,

(iv) substituting in paragraph (c) “Schedule 10” for “Schedule M”, and

(v) substituting in paragraph (d) “Schedule 11” for “Schedule M(A)”,

and

(m) in article 104 (as amended by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Late Claims) Regulations 2000 ( S.I. No. 159 of 2000 )) by substituting “Schedule 15” for “Schedule R”.

Expenses - amendment to disqualifications.

7. The Principal Regulations are amended by substituting for article 9 (substituted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant) Regulations 2005 ( S.I. No. 453 of 2003 )) the following:

“9. The Minister shall pay such...

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