Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (One Parent Family Payment) Regulations, 1996

• Jurisdiction: Ireland
• Year: 1996
• Citation: IR SI 426/1996

S.I. No. 426 of 1996.
SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 10) (ONE PARENT FAMILY PAYMENT) REGULATIONS, 1996
The Minister for Social Welfare in exercise of the powers conferred on him by sections 3, 4 (as amended by section 19 of the Social Welfare Act, 1996 (No. 7 of 1996)), 127 and 129 (as amended by section 25 of the Social Welfare Act, 1996 ), 158 and 162 (substituted by section 17 of the Social Welfare Act, 1996 ), 205, 206, 207 (as amended by section 19 of the Social Welfare Act, 1996 ), 209, 298 (as amended by section 17 of Social Welfare Act, 1996 ) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), Rule 1(4) and subparagraph (t) (inserted by section 17 of the Social Welfare Act, 1996 ) of that Rule of Part II of the Third Schedule to 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. 10) (One-Parent Family Payment) Regulations, 1996.
(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996.
	2 Interpretation.	2. In these Regulations, "the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).
	3 Commencement.	3. These Regulations shall come into operation, in the case of one- parent family payment payable–
(a) other than in respect of a widow or widower, on the 2nd day of January, 1997, and
(b) in respect of a widow and widower, on the 3rd day of January, 1997,
with exception of article 10 which shall come into effect on the 30th day of April, 1997.
	4 Definitions.	4. The Principal Regulations are hereby amended by the insertion in article 3 after the definition of "governing contribution year" of the following definition:
"'housing costs' means, for the purposes of one parent family payment, rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the qualified parent is, for the time being, residing;".
	5 Pre-retirement allowance.	5. The Principal Regulations are hereby amended by the substitution for article 75 of the following article:
" Conditions for entitlement.
75. (1) The age specified for the purposes of section 127(1) (a) shall be 55 years.
(2) The period prescribed for the purposes of section 127(1) (c) (ii) shall be 15 months.
(3) A person shall be regarded as a separated spouse for the purposes of section 127(1) (c) (ii) where she and her spouse have lived apart from one another for a continuous period of 3 months preceding the date of her claim for pre-retirement allowance and continue to so live apart.".
	6 One-parent family payment.	6. The Principal Regulations are hereby amended by the substitution for Chapter 5 of Part III of the following Chapter:
"CHAPTER 5
One Parent Family Payment
79. Definitions.
In this Chapter 'liable relative' has the meaning assigned to it in Part IX.
80. Circumstances in which person to be regarded as being a separated spouse.
A person is to be regarded for the purposes of Chapter 9 of Part III as being a separated spouse if —–
(a) she and their children –
(i) are not being maintained by a liable relative, or
(ii) are being maintained by a liable relative but at an amount per week which is less than the weekly rate of one-parent family payment as set out at reference 5 in Part I of the Fourth Schedule to the Principal Act appropriate to her family size and for this purpose, where she is being maintained by more than one liable relative, the amount at which she is being maintained shall be determined by reference to the aggregate maintenance paid,
(b) she and her spouse have lived apart from one another for a continuous period of at least 3 months immediately preceding the date of her claim for one-parent family payment and continue to so live apart, and
(c) he makes and continues to make appropriate efforts, in the particular circumstances, to obtain maintenance from a liable relative.
81. Circumstances in which person to be regarded as being an unmarried person.
(1) A person is to be regarded for the purposes of Chapter 9 of Part III as being an unmarried person if, not being a married person, she is the parent of a qualified child.
(2) For the purposes of this article, 'a parent' shall include, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1991 or under such other form of adoption as the Minister considers appropriate in the circumstances, the adopter.
82. Circumstances in which person to be regarded as being a prisoner's spouse.
(1) A person is to be regarded for the purposes of Chapter 9 of Part III as being a prisoner's spouse if she is the spouse of a person who –
(a) is in a prison or place of detention, and
(b) has for a period of not less than 6 months immediately preceding the date of...