S.I. No. 453 of 2003

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 6) (QUALIFIED CHILD INCREASE) REGULATIONS, 2003

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 2(3) (b) (as inserted by section 5 of the section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ( 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) (No. 6) (Qualified Child Increase) Regulations, 2003.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2003 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2003.

Commencement.

2. These Regulations come into operation -

(a)    in so far as they relate to unemployment assistance, on 24 September 2003,

(b)    in so far as they relate to unemployment benefit, on 25 September 2003, and

(c)    in so far as they relate to disability benefit, health and safety benefit and injury benefit, on 29 September 2003.

Amendment to Principal Regulations.

3. The Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ) are amended by inserting the following after article 10:

 “10A.(1) Subject to sub-article (2), for the purposes of section 2(3) (b) (ii), (iii), (iv) and (v), any periods during which the applicant was previously entitled to or in receipt of a relevant payment may be taken into account in calculating the 156 days, provided that not more than 13 weeks has elapsed since the applicant's last relevant payment.

(2) Periods referred to in sub-article (1) during which the applicant was entitled to or in receipt of a relevant payment will only be taken into account where successive periods are not separated by more than 13 weeks.

(3) In this article “relevant payment” has the meaning assigned in section 2 (3A).”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Section 5 of the Social Welfare (Miscellaneous Provisions) Act 2003 provided for the extension of entitlement to an increase for a qualified child aged between 18 and 22 years and in full-time education to recipients of certain short-term social welfare payments. This extension will apply to people who have been in receipt of such short-term payment for more than 26 weeks.

These regulations provide that periods spent on other Social Welfare payments may be used in calculating the required 26 week period. Such periods during which the applicant was entitled to or in receipt of another Social Welfare payment, which does not form part of their current claim, will only be taken into account where not more than 13 weeks has elapsed between any two successive claims.