Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase In Rates) Regulations, 1998

• Jurisdiction: Ireland
• Citation: IR SI 184/1998
• Year: 1998

S.I. No. 184 of 1998.
SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 5) (INCREASE IN RATES) REGULATIONS, 1998.
The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 2 (2), (as amended by section 28 of the Social Welfare Act, 1997 (No. 10 of 1997)), 4, 32, 41B (inserted by the European Communities (Social Welfare) Regulations, 1995 ( S.I. No. 25 of 1995 )), 43, 84 (as amended by section 12 of the Social Welfare Act, 1997 ), 89, 102 (as amended by section 27 of the Social Welfare Act, 1996 (No. 7 of 1996)), 111 and 245A (inserted by section 15 of the Social Welfare Act, 1995 (No. 3 of 1995) and amended by section 28 of the Social Welfare Act, 1997 )) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), 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. 5) (Increase in Rates) Regulations, 1998.
(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998.
	2 Commencement.	2. These Regulations shall come into operation—
(a) in so far as it relates to unemployment assistance and disability allowance on the 27th day of May, 1998,
(b) in so far as it relates to unemployment benefit, on the 28th day of May, 1998,
(c) in so far as it relates to disability benefit, maternity benefit, adoptive benefit, health and safety benefit, injury benefit and unemployability supplement on the 1st day of June, 1998,
(d) in so far as it relates to retirement pension, pre—retirement allowance and a relevant payment by virtue of section 18(1)(a) of the Social Welfare Act, 1996 , on the 4th day of June, 1998, and
(e) in so far as it relates to old age (contributory) pension, widow's (contributory) pension and widower's (contributory) pension on the 5th day of June, 1998.
	3 Definitions	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 1997" means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) Regulations, 1997 ( S.I. No. 237 of 1997 ).
	4 Interpretation	4. In these Regulations, save where the context otherwise requires, a reference to a Schedule is to a Schedule to these Regulations.
	5 Maternity and adoptive benefit	5. The Principal Regulations are hereby amended by the substitution in article 22(2) (as amended by article 7 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity and Adoptive Benefit) Regulations, 1997 ( S.I. No. 249 of 1997 )) for "£82.30" of "£83.70".
	6 Reduced rates of benefit	6. The Principal Regulations are hereby amended by—
(a) the substitution for Schedule B (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 1,
(b) the substitution for Schedule C (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 2,
(c) the substitution for Schedule D (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 3,
(d) the substitution for Schedule E (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 4,
(e) the substitution for Schedule G (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 5,
(f) the substitution for Schedule H (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 6,
(g) the substitution for Schedule I (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 7,
(h) the substitution for Schedule J (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 8,
(i) the substitution for Schedule K (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 9,
(j) the substitution for Schedule L (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 10, and
(k) the substitution for Schedule M (as substituted by article 4 of the Regulations of 1997) thereto of the Schedule set out in Schedule 11.
	7 Widow's and widower's (contributory) pension and deserted wife's benefit	7. The Principal Regulations are hereby amended by—
(a) the substitution in article 56 for sub-article (2) of the following sub-articles:
"(2) In the case of a person to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule G, widow's or widower's (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 104 shall be the same as if the contribution condition set out in section 102 (1) (b)(ii) had been fully satisfied.
(3) In the case of a person to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule G, widow's or widower's (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 104 shall be the same as if the contribution condition set out in section 102 (1) (b) (ii) had been fully satisfied.",
(b) the substitution in article 57 for sub-article (2) of the following sub-articles:
"(2) In the case of a person to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule H, fractions of whole numbers being disregarded, widow's or widower's (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 104 shall be the same as if the contribution condition set out in section 102 (1) (b) (ii) had been fully satisfied.
(3) In the case of a person to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule H, fractions of whole numbers being disregarded, widow's or widower's (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 104 shall be the same as if the contribution condition set out in section 102 (1) (b) (ii) had been fully satisfied.",
(c) the substitution in article 64 for sub-article (2) of the following sub-articles:
"(2) In the case of a woman to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule I, deserted wife's benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 113 shall be the same as if the contribution condition set out in section 111 (1) (b) (ii) had been fully satisfied.
(3) In the case of a woman to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule I, deserted wife's benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 113 shall be the same as if the contribution condition set out in section 111 (1) (b) (ii) had been fully satisfied.",
(d) the substitution in article 65 for sub-article (2) of the following sub-articles:
"(2) In the case of a woman to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule J, fractions of whole numbers being disregarded, deserted wife's benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 113 shall be the same as if the contribution condition set out in section 111 (1) (b) (ii) had been fully satisfied.
(3) In the case of a woman to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule J, fractions of whole numbers being disregarded, deserted wife's benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 113 shall be the same as if the contribution condition set out in section 111 (1) (b) (ii) had been fully satisfied.", and
(e) the substitution in article 66 for sub-article (1) of the following sub-article:
"Application of income limit.
66. (1) In the case of a claim for deserted wife's benefit made on or after the 31st day of August, 1992, where a woman would be entitled to deserted wife's benefit but for the fact that she has an aggregate of reckonable income and reckonable earnings in excess of£10,000 in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider...