Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations, 1995

JurisdictionIreland
CitationIR SI 94/1995
Year1995

S.I. No. 94 of 1995.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 2) REGULATIONS, 1995.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 4 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), sections 41G, 41I and 41J of that Act (inserted by section 11 of the Social Welfare Act, 1995 (No. 3 of 1995)) and sections 205, 209 and 216 of the said Act, hereby makes the following Regulations:

1 Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations, 1995.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 and 1995 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 and 1995.

2 Commencement.

2. These Regulations shall come into operation on the 19th day of April, 1995.

3 Interpretation.

3. In these Regulations—

"the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 );

"the Regulations of 1995" means the Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations, 1995 ( S.I. No. 26 of 1995 ).

4 Definitions.

4. Article 3 of the Principal Regulations is hereby amended by the insertion after the definition of "academic year" of the following definition:

"'adopting parent' has the meaning assigned to it in section 41G (1);".

5 Adoptive benefit.

5. The Principal Regulations are hereby amended by the insertion after Chapter 2A (inserted by article 7 of the Regulations of 1995) of Part II of the following Chapter:

"Chapter 2B

Adoptive Benefit

Definitions.

25C. In this Chapter 'relevant day' has the meaning assigned to it in section 41H (12).

Volunteer development workers — qualifying conditions.

25D. (1) A volunteer development worker shall be entitled to adoptive benefit where that person would otherwise qualify therefor but for the fact that the contribution conditions in section 41H are not satisfied:

Provided that the condition requiring that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the claimant's entry into insurance and ending immediately before the relevant day is satisfied.

(2) A person who ceases to be a volunteer development worker shall be entitled to adoptive benefit in respect of any claim made in the benefit year in which that person returns to the State from a developing country or in the next succeeding benefit year where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 41H are not satisfied:

Provided that the condition requiring that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the claimant's entry into insurance and ending immediately before the relevant day is satisfied.

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

25E. (1) The income tax year prescribed for the purposes of section 41I shall be the last complete income tax year before the beginning of the benefit year in which the relevant day occurs.

(2) The amount prescribed for the purposes of section 41I (1) (c) shall be the amount specified in article 22 (2).

Calculation of reckonable weekly earnings.

25F. For the purposes of section 41I (2) the reckonable weekly earnings of an adopting parent for any income tax year shall be calculated...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT