Social Welfare Consolidation Act 2005

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Transitional provisions — relevant payments.

[1996 s18]

178.—(1) In this section—

“Act of 1993” means the Social Welfare (Consolidation) Act 1993 ;

“Act of 1996” means the Social Welfare Act 1996 ;

“relevant payment” means—

(a) deserted wife's benefit under Chapter 18 of Part II of the Act of 1993,

(b) deserted wife's allowance under Chapter 7 of Part III of the Act of 1993, or

(c) prisoner's wife's allowance under Chapter 8 of Part III of the Act of 1993,

as the case may require.

(2) Notwithstanding the provisions of Part V (relating to one-parent family payment) of the Act of 1996, a woman who, immediately before the commencement of section 19 of that Act, is in receipt of a relevant payment, the said relevant payment shall be payable for the duration of the woman's continuous entitlement to the relevant payment in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.

(3) Where, immediately before the commencement of section 19 (relating to repeals) of the Act of 1996, a woman whose claim for a relevant payment has not been finally determined, and who would, but for the commencement of the said section, have become entitled to the said relevant payment, the relevant payment shall be payable for the duration of the woman's continuous entitlement to the relevant payment in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.

(4) Notwithstanding the provisions of Part V of the Act of 1996, where a woman has ceased or ceases to be entitled to benefit under Chapter 18 of Part II of the Act of 1993 by virtue of no longer having at least one qualified child residing with her, she shall, on reaching the age of 40 years, where but for the said Part V she would be entitled to the said benefit, again become and continue to be entitled to the said benefit, for the duration of her continuous entitlement thereto, in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.

(5) In the case of a person to whom subsection (2), (3) or (4) applies and who is disqualified for receipt of a relevant payment by virtue of section 249 (1)(a) or (14), where but for that disqualification she would be entitled to the said relevant payment, she shall again become entitled to the said relevant payment at the expiration of the disqualification in any case where the period of disqualification does not exceed 12 months.

(6) Notwithstanding the provisions of Part V of the Act of 1996, in the case of a woman who—

(a) was in receipt of deserted wife's allowance under Chapter 5 of Part III of the Social Welfare (Consolidation) Act 1981 and transferred from that scheme to the lone parent's allowance scheme under Chapter 5A (inserted by section 12 of the Social Welfare Act 1990 ) of Part III of the said Act following the commencement of that Chapter in 1990, and

(b) ceases or has ceased to be entitled to one-parent family payment under Chapter 9 of Part III of the Act of 1993 by virtue of no longer having at least one qualified child residing with her,

she shall, where but for Part V of the Act of 1996 she would be entitled to a relevant payment under subsection (1)(b), become and continue to be entitled to the said payment, for the duration of her continuous entitlement thereto, in accordance with the Act of 1993 and regulations made under the Act of 1993.