Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase In Rates) Regulations, 2001

• Jurisdiction: Ireland
• Citation: IR SI 99/2001
• Year: 2001

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 2, (as amended by section 11 of the Social Welfare Act, 2000 (No.4 of 2000)) 3 (as amended by section 17 of the Social Welfare Act, 1999 (No. 3 of 1999)) 4 (as amended by section 17 of the Social Welfare Act, 2000 ), 32 (as amended by section 24 of the Social Welfare Act, 1999 ), 39, 41I (as amended by sections 10 and 11 of the Social Welfare Act, 1997 (No. 10 of 1997)), 41B (inserted by the European Communities (Social Welfare) Regulations, 1995 ( S.I. No. 25 of 1995 ) and amended by section 24 of the Social Welfare Act, 1999 ), 43 (as amended by section 24 of the Social Welfare Act, 1999 ), 84 (as amended by section 27 of the Social Welfare Act, 2001 (No. 5 of 2001)), 89 (as amended by section 12 of the Social Welfare Act, 1997 ), 102 (as amended by section 27 of the Social Welfare Act, 1996 (No. 7 of 1996)), 111 and 245A (as amended by section 20 of the Social Welfare Act, 2000 ) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:
	Citation and construction.	1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations, 2001.
(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2001.
	Commencement.	2. (1) These Regulations, other than article 9, come into operation -
(a) in so far as they relate to unemployment assistance, pre-retirement allowance and farm assist on 28 March 2001,
(b) in so far as they relate to unemployment benefit, on 29 March 2001,
(c) in so far as they relate to disability benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit on 2 April 2001,
(d) in so far as they relate to disability allowance, on 4 April 2001,
(e) in so far as they relate to retirement pension, invalidity pension and a relevant payment by virtue of section 18 (1) (a) of the Social Welfare Act, 1996 , on 5 April 2001, and
(f) in so far as they relate to old age (contributory) pension, widow's and widower's (contributory) pension and unemployability supplement on 6 April 2001.
(2) Article 9 of these Regulations comes into operation -
(a) in so far as it relates to unemployment assistance, pre-retirement allowance and farm assist on 26 December 2001,
(b) in so far as it relates to unemployment benefit, on 27 December 2001,
(c) in so far as it relates to disability benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit on 31 December 2001,
(d) in so far as it relates to disability allowance, on 2 January 2002,
(e) in so far as it relates to retirement pension, invalidity pension and a relevant payment by virtue of section 18 (1) (a) of the Social Welfare Act, 1996 , on 3 January 2002, and
(f) in so far as it relates to old age (contributory) pension, widow's and widower's (contributory) pension and unemployability supplement on 4 January 2002.
	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 2000” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations, 2000 ( S.I. No. 122 of 2000 ),
	Interpretation.	4. In these Regulations, save where the context otherwise requires, a reference to a Schedule is to a Schedule to these Regulations.
	Qualified adult rates - payable with reduced pensions.	5. The Principal Regulations are amended by -
(a) the substitution in article 6C (as amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) (Qualified Adult) Regulations, 1999 ( S.I. No. 164 of 1999 )) for “column (2)” of “column (2) or column (3), as the case may be,”,
(b) the substitution in article 6D (as amended by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Increase for Qualified Adult) Regulations, 2000 ( S.I. No. 124 of 2000 )) for “Where” of “Subject to articles 38(2) and 41(2), where”,
(c) the substitution in sub-article (1) of article 38 (as amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Pensions) Regulations, 1997 ( S.I. No. 489 of 1997 )) for “in accordance with sub-article (2)” of “in accordance with sub-articles (2), (3) and (4)”,
(d) the substitution in article 38 (as amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Pensions) Regulations, 1997 ( S.I. No. 489 of 1997 )) for sub-article (2) of the following sub-articles -
“(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule C the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule.
(3) In the case of a person to whom sub-article (2) applies, any increase payable under section 87 (1) shall be payable -
(a) where his or her spouse has not attained the age of 66 years, at the weekly rate shown in column (3) opposite to the amount in column (2) of Schedule C, and
(b) in any other case, at the weekly rate shown in column (4) opposite to the amount shown in column (2) of the said Schedule C:
Provided that in the case of a person to whom subsection (8A) of section 84 applies, in any case where his or her spouse is over the age of 66 years, the minimum rate shall be £72.60 and in any case where his or spouse is under the age of 66 years the minimum rate shall be £68.20.
(4) In the case of a person to whom sub-article (2) applies, any increase payable in accordance with section 245A shall be payable -
(a) where his or her spouse has attained the age of 66 years and that spouse's weekly income, calculated in accordance with article 6B is an amount specified in column (1) of Schedule CA, at the weekly rate shown opposite that amount -
(i) in column (2) where the yearly average of the claimant or beneficiary is 20-47,
(ii) in column (3) where the yearly average of the claimant or beneficiary is 15-19,
(iii) in column (4) where the yearly average of the claimant or beneficiary is 10-14, and
(iv) in column (5) where the yearly average of the claimant or beneficiary is 5-9, and
(b) where his or her spouse has not attained the age of 66 years and that spouse's weekly income, calculated in accordance with article 6B is an amount specified in column (1) of Schedule CB, at the weekly rate shown opposite that amount -
(i) in column (2) where the yearly average of the claimant or beneficiary is 20-47,
(ii) in column (3) where the yearly average of the claimant or beneficiary is 15-19,
(iii) in column (4) where the yearly average of the claimant or beneficiary is 10-14, and
(iv) in column (5) where the average of the claimant or beneficiary is 5-9, and
Provided that in the case of a person to whom subsection (8A) of section 84 applies, where his or her spouse's weekly income, calculated in accordance with article 6B is an amount specified in column (1) of Schedule CC, the rate payable shall be that shown in column (2) of Schedule CC where the spouse has attained pensionable age and in column (3) of Schedule CC where the spouse has not attained pensionable age.”,
(e) the substitution in article 40(2) for “subsection (2), (4) or (5)” of “subsection (2), (4), (5) or (6)”,
(f) the substitution in sub-article (1) of article 41 for “in accordance with sub-article (2)” of “in accordance with sub-articles (2), (3) and (4)”,
(g) the substitution in article 41 for sub-article (2) of the following sub-articles:
“(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule D, fractions of whole numbers being disregarded, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule.
(3) In the case of a person to whom sub-article (2) applies, any increase payable under section 87(1) shall be payable -
(a) where his or her spouse has not attained the age of 66 years, at the weekly rate shown in column (3) opposite to the amount in column (2) of Schedule D, and
(b) in any other case, at the weekly rate shown in column (4) opposite to the amount shown in column (2) of the Schedule D:
Provided that in the case of a person who, on 5th April, 2001 is entitled to or in receipt of a pension in accordance with this article which includes an increase in respect of a qualified adult, in any case where his or her spouse is over the age of 66 years the minimum rate payable shall be £72.60 and in any case where his or spouse is under the age of 66 years the minimum rate payable shall be £68.20.
(4) In the case of a person to whom sub-article (2) applies, any increase payable in accordance with section 245A shall be payable -
(a) where his or her spouse has attained the age of 66 years and that spouse's weekly income, calculated in accordance with article 6B is an amount specified in column (1) of Schedule CA, at the weekly rate shown opposite that amount -
(i) in column (3) where the yearly average of the claimant or beneficiary is 15-19,
(ii) in column (4) where the yearly average of the claimant or beneficiary is 10-14, and
(iii) in column (5) where the yearly average of the claimant or beneficiary is 5-9, and
(b) where his or her spouse has not attained the age of 66 years and that spouse's weekly income, calculated in accordance...