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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

PART V

FAMILY INCOME SUPPLEMENT

Interpretation.

[1991, s. 47(1)]

197.—In this Part—

child”, in relation to a family, means a qualified child as defined in section 2(3) who normally resides with that family;

couple” means a married couple or a man and woman who are not married to each other but are cohabiting as husband and wife;

family” means—

(a) a person who is engaged in remunerative full-time employment as an employee,

(b) where such person is one of a couple living with or wholly or mainly maintaining his or her spouse, that spouse, and

(c) a child or children;

family income supplement” shall be construed in accordance with section 198;

spouse” means each person of a couple in relation to each other;

weekly family income” means, subject to regulations under section 202, the amount of income received in a week by a family, less any income of a person who in respect of that family is a child.

Entitlement to supplement.

[1993, s. 7(1)]

198.—Subject to this Act, an allowance (in this Part referred to as “family income supplement”) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—

(a) in the case of a family which includes only 1 child, £175,

(b) in the case of a family which includes 2 children, £195,

(c) in the case of a family which includes 3 children, £215,

(d) in the case of a family which includes 4 children, £235,

(e) in the case of a family which includes 5 children, £260,

(f) in the case of a family which includes 6 children, £280,

(g) in the case of a family which includes 7 children, £297, or

(h) in the case of a family which includes 8 or more children, £314.

Rate of supplement.

[1991, s. 7(1)]

199.—(1) Subject to this Part, the weekly rate of family income supplement shall be 60 per cent. of the amount by which the weekly family income is less than the amount appropriate in the particular case under section 198.

[1991, s. 7(1)]

(2) In calculating the weekly rate of family income supplement pursuant to subsection (1), any fraction of £1 shall be treated as £1 and where the weekly rate so calculated is below a prescribed amount, the supplement shall be payable at the prescribed amount.

Period of payment.

[1984, s. 13]

200.—(1) Family income supplement shall be payable for a period of 52 weeks (or such other period as may be prescribed) beginning on the date on which it is receivable in accordance with regulations and, except where regulations otherwise provide, the weekly rate of family income supplement payable shall not be affected by any change of circumstances during that period.

[1984, s. 13]

(2) Where family income supplement is payable in respect of a particular family for any period, no person who was included in that family at the beginning of such period shall be regarded as a member of any other family during that period.

Person to whom supplement is payable.

[1984, s. 13]

201.—Family income supplement shall be payable to the member of the family (other than a child) who is engaged in remunerative full-time employment as an employee or, where there are 2 members of the family so engaged, to the member whose weekly income as calculated for the purposes of family income supplement forms the greater part of the weekly family income as so calculated.

Regulations.

[1984, s. 13]

202.—(1) The Minister may make regulations for the purpose of giving effect to this Part.

[1984, s. 13]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)—

(a) provide for the manner of calculation or estimation of weekly family income;

(b) provide, in calculating or estimating weekly family income, for the disregarding in whole or in part of any amount of that income from any source specified in the regulations;

(c) determine the circumstances in which a person shall be regarded as being engaged in remunerative full-time employment as an employee;

(d) require employers to furnish such information as the Minister may require for the purpose of determining a claim for family income supplement.

[1992, s. 39]

(3) The Minister may by regulations vary—

(a) the amounts specified in section 198, and

(b) the percentage rate specified in section 199(1),

but any such variation shall not reduce the amounts or the percentage rate applicable immediately before the commencement of such regulations.

Receipt of claims.

[1992, s. 50(1)]

203.—(1) Regulations may provide for treating a claim for family income supplement as having been made on a date earlier than the date on which it is received, where it appears to the Minister that the claimant would have satisfied the conditions for entitlement to family income supplement during that period, but for the receipt by that person of unemployment benefit or unemployment assistance.

[1992, s. 50(1)]

(2) Where—

(a) in respect of any period any unemployment benefit or unemployment assistance has been paid to or in respect of a person who, though entitled to family income supplement by virtue of subsection (1), is not in receipt of such supplement, and

(b) such benefit or assistance is in excess of the amount which would have been granted to that person if he had been in receipt of family income supplement,

the Minister may reduce any such supplement which is or may become payable to such person by the amount of the excess and such amount shall be treated as having been paid on account of the family income supplement.