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5 2001

SOCIAL WELFARE ACT, 2001

PART 4

Miscellaneous Provisions

One-parent family payment — transitional arrangements and assessment of maintenance payments.

21. —(1) Section 158 (as amended by section 31 of the Act of 1999) of the Principal Act is amended by the substitution for subsection (4) of the following subsection:

“(4) Regulations may, subject to such conditions and in such circumstances and for such periods as may be prescribed, entitle to one-parent family payment a qualified parent who, having been in receipt of the said payment for a period of 52 consecutive weeks, ceases to be entitled thereto by virtue of having earnings in excess of the amount specified in subsection (3).”.

(2) The amendment effected by subsection (1) of this section shall not operate so as to disentitle any person who, at the commencement of this section, is entitled to or in receipt of a payment by virtue of regulations under section 158(4) of the Principal Act but this subsection shall, as respects that person, have effect only for the duration of that person's continuous entitlement to the said payment under the said section 158(4).

(3) Rule 1(4) (as amended by section 13 of this Act) of Part II of the Third Schedule to the Principal Act is amended by the substitution for subparagraph (s) (as amended by section 26 of the Act of 1997) of the following subparagraph:

“(s) for the purposes of one-parent family payment, moneys received by way of maintenance payments (including maintenance payments made to or in respect of a qualified child) in so far as they do not exceed the annual housing costs actually incurred by the qualified parent subject to such maximum amount as may be prescribed, together with one-half of any amount of maintenance payment in excess of the amount disregarded in respect of housing costs actually incurred (if any) and for this purpose—

‘housing costs’ means 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;

‘maintenance payments’ means any payment received under or pursuant to such maintenance arrangement as may be prescribed,”.

Recovery of payments from financial institutions.

22. —(1) The Principal Act is amended by the insertion after section 280 of the following section:

“Recovery of payments from financial institutions.

280A.—(1) Notwithstanding the provisions of any enactment or rule of law, where sums are due to the Minister or the Social Insurance Fund in accordance with section 279 or 279B because benefit or assistance which was intended for a beneficiary was paid to a financial institution for the credit of an account kept with that institution by the beneficiary and he or she dies before the payment or payments were made, the said benefit or assistance may be recovered from the financial institution in accordance with subsection (2).

(2) The Minister may give written notice to a financial institution requiring the institution to pay to him or her, within the period specified in the notice, the lesser of the following amounts:

(a) the amount specified in the notice, being the amount of benefit or assistance recoverable in accordance with subsection (1), or

(b) the amount standing to the credit of the account when the notice is received by the institution,

and the financial institution shall comply with such a direction.

(3) In this section ‘financial institution’ means—

(a) a bank which is the holder of a licence under section 9 of the Central Bank Act, 1971 ,

(b) a trustee savings bank within the meaning of the Trustee Savings Banks Act, 1989 ,

(c) a building society within the meaning of the Building Societies Act, 1989 ,

(d) a post office savings bank established under the Post Office Savings Bank Acts, 1861 to 1958, or

(e) such other body as may be prescribed.”.

(2) This section comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Pre-retirement allowance — change in withdrawal rate.

23. —(1) The Principal Act is amended by—

(a) the substitution in section 127 for subsection (3) (as amended by section 17 of the Act of 2000) of the following subsection:

“(3) In this Chapter ‘weekly means’ shall, subject to Rule 1(1) or 1(6A), as the case may be, of Part I of the Third Schedule, be the yearly means divided by 52; means shall be calculated in accordance with the Rules contained in Part I of the Third Schedule:

Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.”,

and

(b) the substitution for subsection (2) of section 128 (as amended by section 18 of the Act of 1998) of the following subsection:

“(2) Pre-retirement allowance shall be payable where—

(a) the weekly means of the claimant or beneficiary are less than £1, at the scheduled rate,

(b) such weekly means are equal to £1, at the scheduled rate reduced by £1, and

(c) such weekly means exceed £1, at the scheduled rate reduced by £1 for each amount (if any) of £1 by which those weekly means exceed £1:

Provided that, if the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no pre-retirement allowance shall be payable.”.

(2) In the case of a person who is entitled to or in receipt of a pre-retirement allowance on the commencement of this section, the amendments effected by this section shall not have the effect of reducing that person's rate of pre-retirement allowance below that which would be payable had the provisions of sections 127(3) and 128(2) of the Principal Act, in force immediately before that commencement, continued to apply in relation to that person.

(3) This section comes into operation on 28 March 2001.

Qualified adult — amendment to provisions.

24. —(1) Section 2(2)(a) of the Principal Act is amended by—

(a) the insertion in subparagraph (v) after “1967,” of “or”, and

(b) the insertion after subparagraph (v) of the following subparagraphs:

“(vi) a spouse who is entitled to or in receipt of an allowance the rate of which is related to the rates of unemployment assistance payable under section 121 or unemployment benefit payable under section 44 or 45, in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, or

(vii) a spouse who is entitled to or in receipt of an allowance the rate of which is related to the rates of unemployment assistance payable under section 121 or unemployment benefit payable under section 44 or 45, in respect of participation in a scheme administered by the Minister and known as:

(I) Back to Education Allowance, or

(II) Back to Work Allowance, or

(III) Back to Work Enterprise Allowance, or

(IV) Part-time Job Incentive,”.

(2) Section 137 of the Principal Act (as amended by section 17 of this Act) is amended by—

(a) the deletion of all the words from “Subject to section 138A” down to and including “in respect of more than one person,” and the substitution of the following:

“(1) Subject to subsection (2) and section 138A, the weekly rate of old age (non-contributory) pension payable in accordance with section 136 shall be increased—

(a) by the amount calculated in accordance with Part II of the Fourth Schedule where the beneficiary is living with, or is wholly or mainly maintaining, his or her spouse, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person,”,

and

(b) the insertion of the following subsection:

“(2) An increase under subsection (1)(a) shall not be payable where the spouse is—

(a) in receipt of any benefit, pension, assistance or allowance under Part II or this Part, or

(b) entitled to or in receipt of an allowance the rate of which is related to the rates of unemployment assistance payable under section 121 or unemployment benefit payable under section 44 or 45, in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, or

(c) entitled to or in receipt of an allowance the rate of which is related to the rates of unemployment assistance payable under section 121 or unemployment benefit payable under section 44 or 45, in respect of participation in a scheme administered by the Minister and known as:

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-time Job Incentive,”.

(3) The Third Schedule to the Principal Act is amended by—

(a) the substitution in Rule 1(2) (as amended by section 13 of this Act) of Part I for subparagraph (t) of the following subparagraphs:

“(t) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

(u) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister and known as:

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-time Job Incentive,

(v) any moneys received by his or her spouse in respect of participation in a course approved by An Foras Áiseanna Saothair under the Industrial Training Act, 1967 ,

(w) such other income received by a person or his or her spouse as may be prescribed;”,

(b) the substitution in Rule 1(4) (as amended by section 13 of this Act) of Part II for subparagraph (u) of the following subparagraphs:

“(u) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

(v) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister and known as:

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-time Job Incentive,

(w) any moneys received by his or her spouse in respect of a course approved by An Foras Áiseanna Saothair under the Industrial Training Act, 1967 ,

(x) such other income received by a person or his or her spouse as may be prescribed,”,

(c) the insertion in Rule 1(1) (as amended by section 13 of this Act) of Part III after subparagraph (p) of the following subparagraphs:

“(q) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

(r) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister and known as:

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-time Job Incentive,

(s) any moneys received by his or her spouse in respect of a course approved by An Foras Áiseanna Saothair under the Industrial Training Act, 1967 ;”,

and

(d) the substitution in Rule 1(3) (as amended by section 13 of this Act) of Part IV for subparagraph (r) of the following subparagraphs:

“(r) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

(s) any moneys received by his or her spouse in respect of participation in a scheme administered by the Minister and known as:

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-time Job Incentive,

(t) any moneys received by his or her spouse in respect of a course approved by An Foras Áiseanna Saothair under the Industrial Training Act, 1967 ,

(u) such other income received by a farmer or his or her spouse as may be prescribed;”.

Amendment to prosecution provisions.

25. —(1) The Principal Act is amended by the substitution in section 20(6) and paragraph (a) of section 224(7) for “the Collector-General” of “an officer of the Revenue Commissioners”.

(2) This section comes into operation on such day as the Minister may appoint by order.

Carer's benefit — improvement.

26. —(1) The Principal Act is amended—

(a) by the substitution in section 82A (inserted by section 10 of the Act of 2000) for subsection (1) of the following subsection:

“(1) Subject to this Act, in this Chapter—

‘carer’ means a person who has attained the age of 16 years and who—

(a) resides with and provides full-time care and attention to a relevant person, or

(b) subject to such conditions and in such circumstances as may be prescribed, does not reside with but provides full-time care and attention to a relevant person;

‘relevant person’ means a person who has such a disability that he or she requires full-time care and attention.”,

(b) in section 82B (inserted by section 10 of the Act of 2000) by—

(i) the substitution in subsection (5) for “subsection (1)(a)” of “subsection (1)(a) or regulations under subsection (6)”, and

(ii) the insertion after subsection (5) of the following subsection:

“(6) Regulations may provide that, subject to such conditions and in such circumstances as may be prescribed, in the case of a person who is absent from his or her employment within the three-month period referred to in subsection (1)(a), by reason of being on such leave from that employment as may be prescribed, the condition specified in subsection (1)(a) shall be regarded as being satisfied in respect of that person if he or she was engaged in remunerative full-time employment as an employed contributor for such period of three months (other than the three-month period referred to in that subsection) as may be prescribed (and the period that may be so prescribed may comprise two or more periods which, taken together, amount to a period of three months).”,

and

(c) by the insertion in section 82H (inserted by section 10 of the Act of 2000) after paragraph (a) of the following paragraph:

“(aa) carer's benefit shall not be payable in respect of the full-time care and attention being provided to a relevant person in any case where the relevant person is in receipt of an increase of disablement pension under section 57 in respect of constant attendance,”.

(2) This section comes into operation on such day as the Minister may appoint by order.

Qualified adult — rate payable with reduced rate pensions.

27. —(1) The Principal Act is amended by the substitution in section 84 (as amended by section 21 of the Act of 1999) for subsection (8) of the following subsections:

“(8) Regulations under subsection (7) shall provide, subject to subsection (8A), that old age (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 87(2) shall be the same as if the claimant had a yearly average of not less than 48.

(8A) In the case of a person who, on 5 April 2001, is entitled to or in receipt of a pension by virtue of regulations under subsection (7) which includes an increase under section 87(1), subsection (8) shall not operate so as to reduce the rate of the increase payable under section 87(1) below such rate as may be prescribed.”.

(2) This section comes into operation on 6 April 2001.

Social insurance — retention of modified status.

28. —Section 11(1) (as amended by section 12 of the Act of 1996) of the Principal Act is amended by the insertion after paragraph (aa) of the following paragraph:

“(aaa) in such cases as may be prescribed, persons who, on 5 April 1995, were employed in an employment to which paragraph (a) or (aa) applies and which is prescribed, and who cease to be so employed, but immediately on such cessation become employed in another employment which is prescribed, under terms and conditions which provide that he or she continues to be employed in a permanent and pensionable capacity and for payment during illness on a basis considered adequate by the Minister,”.