Social Welfare Consolidation Act 2005

Rate of allowance (including increases for qualified adult and qualified children).

[1996 s13]

211.—(1) The rate (in this Chapter referred to as “the scheduled rate”) of disability allowance shall be the weekly rate set out in column (2) of Part 1 of Schedule 4 increased by—

(a) the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that, except where regulations otherwise provide, the claimant or beneficiary shall not be entitled to an increase under this paragraph in respect of more than one person,

(b) the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary,

(c) the amount set out in column (6) of that Part where the claimant or beneficiary is living alone, and

[2003 (MP) s6(1)(b)]

(d) the amount set out in column (8) of Part 1 of Schedule 4 where the claimant or beneficiary is ordinarily resident on an island.

[1996 s13; 2001 s37(1)]

(2)  (a) Disability allowance shall be payable—

(i) where the weekly means of the claimant or beneficiary do not exceed €2.50, at the scheduled rate, and

(ii) subject to paragraph (b), where the weekly means exceed €2.50, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €2.50, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.

(b) Where the rate calculated under paragraph (a)(ii) at which, but for this paragraph, the allowance would be payable is less than €2.50, the allowance shall not be payable.

[1996 s13; 1997 s28(4) & Sch F]

(3) Any increase of disability allowance payable under subsection (1)(b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary is not a qualified adult and subsection (1)(b) shall be read and have effect accordingly.