S.I. No. 862/2007 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Increase in Rates) Regulations 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th January, 2008.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by sections 4, 5, 17 and 29 and Schedules 1, 3 and 6 of the Social Welfare Law Reform and Pensions Act 2006 (No. 6 of 2006)), 3 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 41 (as amended by section 5 of the Social Welfare and Pensions Act 2007 (No. 8 of 2007)), 49 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 53, 60 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 64 (as amended by section 8 of the Social Welfare and Pensions Act 2007 ), 109 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 115 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 125, 178A (as amended by section 23 of the Social Welfare and Pensions Act 2007 ), 229 and 297 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Increase in Rates) Regulations 2007.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007.

Commencement.

2. These Regulations come into operation—

(a) in so far as they relate to jobseeker’s allowance, pre-retirement allowance and farm assist, on 26 December 2007,

(b) in so far as they relate to jobseeker’s benefit, on 27 December 2007,

(c) in so far as they relate to illness benefit, maternity benefit, adoptive benefit, health and safety benefit and injury benefit, on 31 December 2007,

(d) in so far as they relate to disability allowance, on 2 January 2008,

(e) in so far as they relate to State pension (transition), invalidity pension, family income supplement and a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178 of the Principal Act, on 3 January 2008, and

(f) in so far as they relate to State pension (contributory), widow’s and widowers (contributory) pension and incapacity supplement, on 4 January 2008.

Definitions.

3. In these Regulations—

“the Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 );

Interpretation.

4. In these Regulations, save where the context otherwise requires, a reference to a Schedule is to a Schedule to these Regulations.

Maternity and adoptive benefit.

5. The Principal Regulations are amended—

(a) in article 32(2) by substituting “€221.80” for “€207.80”.

Earnings disregard-blind pension

6. The following article is substituted for article 150 of the Principal Regulations:

“Earnings disregard-blind pension

150. (1) For the purposes of Rule 1(2)(b)(x) of Part 5 Schedule 3 to the Principal Act, the value of any weekly earning derived by a claimant for each week in respect of which he or she is engaged in employment of a rehabilitative nature shall be

(a) 50 per cent of the first €230 of weekly earnings from that employment, and

(b) all weekly earnings from that employment in excess of €230,

calculated in accordance with sub-article (2).

(2) for the purposes of sub-article (1), the weekly earnings shall be determined by reference to the gross earnings received from employment of a rehabilitative nature less an amount calculated in accordance with sub-article (3).

(3) For the purposes of sub-article (2) the amount shall be the aggregate of —

(a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidation) Regulations 2001 ( S.I. No. 559 of 2001 ),

(b) any contributions payable under section 13(2)(b) and regulations made under section 14 or 21,

(d) any payment to a trade union, and

(e) €120 in respect of each week of employment of a rehabilitative nature.”.

Reduced rates of benefit

7. The Principal Regulations are amended by—

(a) the substitution for Schedule 5 thereto of the Schedule set out in Schedule 1,

(b) the substitution for Schedule 6 thereto of the Schedule set out in Schedule 2,

(d) the substitution for Schedule 10 thereto of the Schedule set out in Schedule 7,

(e) the substitution for Schedule11 thereto of the Schedule set out in Schedule 8,

Increase for qualified adult

8. The Principal Regulations are amended—

(a) in article 62(5) by substituting “€150.00” for “€129.80” and “€119.00” for “€113.10”,

(b) in article 65(4) by substituting “€150.00” for “€129.80” and “€119.00” for “€113.10”,

(d) by the substitution for Schedule 3 thereto of the Schedule set out in Schedule 5,

(e) by the substitution for Schedule 9 thereto of the Schedule set out in Schedule 6,

(f) by the substitution for Schedule 1 thereto of the Schedule set out in Schedule 9,

(g) by the substitution for Schedule 7 thereto of the Schedule set out in Schedule 10, and

(h) by the substitution for Schedule 4 thereto of the Schedule set out in Schedule 11.

SCHEDULE 1

Articles 27, 37 and 48.

“SCHEDULE 5

Reduced rates of Illness, Health and Safety and Jobseeker’s Benefits

Amount of reckonable weekly earnings

Weekly Rate

Increase for Qualified Adult (where payable)

(1)

(2)

(3)

€

32.00 to 44.43

44.44 to 63.48

63.49 to 88.87

€

88.90

127.80

155.00

€

85.10

”.

SCHEDULE 2

Articles 27, 37 and 48.

“SCHEDULE 6

Reduced rates of Illness, Health and Safety and Jobseeker’s Benefits

Amount of reckonable weekly earnings

Weekly Rate

Increase for Qualified Adult (where payable)

(1)

(2)

(3)

€

32.00 to 79.99

80.00 to 124.99

125.00 to 149.99

€

88.90

127.80

155.00

€

85.10

”.

SCHEDULE 3

Articles 62 and 65.

“SCHEDULE 8

Reduced rates of State Pension (Contributory) where contribution conditions are partially satisfied and increases for Qualified Adult

YearlyAverage	Weekly Rate	Increase for Qualified Adult (under 66)	Increase for Qualified Adult (over 66)
(1)	(2)	(3)	(4)
	€	€	€
20 to 47 15 to 19 10 to 14 5 to 9	218.90 167.50 111.70 55.80	148.80 111.60 74.40 37.20	200.00 150.00 100.00 50.00

”.

SCHEDULE 4

Articles 10, 62 and 65.

“SCHEDULE 2

Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has attained pensionable age

Spouse’s earnings:	Yearly Average 48-52	Yearly Average 20-47	Yearly Average 15-19	Yearly Average 10-14	Yearly Average 5-9
(1)	(2)	(3)	(4)	(5)	(6)
	€	€	€	€	€
Less than or equal to €100.00	200.00	200.00	150.00	100.00	50.00
Exceed €100.01 but do not exceed €110.00	190.50	190.50	142.90	95.30	47.70
Exceed €110.01 but do not exceed €120.00	181.00	181.00	135.80	90.60	45.40
Exceed €120.01 but do not exceed €130.00	171.50	171.50	128.70	85.90	43.10
Exceed €130.01 but do not exceed €140.00	162.00	162.00	121.60	81.20	40.80
Exceed €140.01 but do not exceed €150.00	152.50	152.50	114.50	76.50	38.50
Exceed €150.01 but do not exceed €160.00	143.00	143.00	107.40	71.80	36.20
Exceed €160.01 but do not exceed €170.00	133.50	133.50	100.30	67.10	33.90
Exceed €170.01 but do not exceed €180.00	124.00	124.00	93.20	62.40	31.60
Exceed €180.01 but do not exceed €190.00	114.50	114.50	86.10	57.70	29.30
Exceed €190.01 but do not exceed €200.00	105.00	105.00	79.00	53.00	27.00
Exceed €200.01 but do not exceed €210.00	95.50	95.50	71.90	48.30	24.70
Exceed €210.01 but do not exceed €220.00	86.00	86.00	64.80	43.60	22.40
Exceed €220.01 but do not exceed €230.00	76.50	76.50	57.70	38.90	20.10
Exceed €230.01 but do not exceed €240.00	67.00	67.00	50.60	34.20	17.80
Exceed €240.01 but do not exceed €250.00	57.50	57.50	43.50	29.50	15.50
Exceed €250.01 but do not exceed €260.00	48.00	48.00	36.40	24.80	13.20
Exceed €260.01 but do not exceed €270.00	38.50	38.50	29.30	20.10	10.90
Exceed €270.01 but do not exceed €280.00	29.00	29.00	22.20	15.40	8.60
Exceed €280.01 but do not exceed €290.00	19.50	19.50	15.10	10.70	6.30
Exceed €290.01 but do not exceed €300.00	10.00	10.00	8.00	6.00	4.00

”.

SCHEDULE 5

Articles 10, 62 & 65.

“SCHEDULE 3

Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has not attained pensionable age

Spouse’s earnings:	Yearly Average 48-52	Yearly Average 20-47	Yearly Average 15-19	Yearly Average 10-14	Yearly Average 5-9
(1)	(2)	(3)	(4)	(5)	(6)
	€	€	€	€	€
Less than or equal to €100.00 Exceed €100.01 but do not exceed €110.00 Exceed €110.01 but do not exceed €120.00 Exceed €120.01 but do not exceed €130.00 Exceed €130.01 but do not exceed €140.00 Exceed €140.01 but do not exceed €150.00 Exceed €150.01 but do not exceed €160.00 Exceed €160.01 but do not exceed €170.00 Exceed €170.01 but do not exceed €180.00 Exceed €180.01 but do not exceed €190.00 Exceed €190.01 but do not exceed €200.00 Exceed €200.01 but do not exceed €210.00 Exceed €210.01 but do not exceed €220.00 Exceed €220.01 but do not exceed €230.00 Exceed €230.01 but do not exceed €240.00 Exceed €240.01 but do not exceed €250.00 Exceed €250.01 but do not exceed €260.00 Exceed €260.01 but do not exceed €270.00 Exceed €270.01 but do not exceed €280.00 Exceed €280.01 but do not exceed €290.00 Exceed €290.01 but do not exceed €300.00	148.80 141.80 134.80 127.80 120.80 113.80 106.80 99.80 92.80 85.80 78.80 71.80 64.80 57.80 50.80 43.80 36.80 29.80 22.80 15.80 8.80	148.80 141.80 134.80 127.80 120.80 113.80 106.80 99.80 92.80 85.80 78.80 71.80 64.80 57.80 50.80 43.80 36.80 29.80 22.80 15.80 8.80	111.60 106.30 101.00 95.70 90.40 85.10 79.80 74.50 69.20 63.90 58.60 53.30 48.00 42.70 37.40 32.10 26.80 21.50 16.20 10.90 5.60	74.40 70.90 67.40 63.90 60.40 56.90 53.40 49.90 46.40 42.90 39.40 35.90 32.40 28.90 25.40 21.90 18.40 14.90 11.40 7.90 4.40	37.20 35.50 33.80 32.10 30.40 28.70 27.00 25.30 23.60 21.90 20.20 18.50 16.80 15.10 13.40 11.70 10.00 8.30 6.60 4.90 3.20

”.

SCHEDULE 6

Articles 62 & 65.

“SCHEDULE 9

Rates of tapered qualified adult allowance payable with State Pension (Contributory) and State Pension (Transition) where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001

Spouse’s earnings:	Increase for Qualified Adult (over 66)	Increase for Qualified Adult (under 66)
(1)	(2)	(3)
	€	€
Less than or equal to €100.00 Exceed €100.01 but do not exceed €110.00 Exceed €110.01 but do not exceed €120.00 Exceed €120.01 but do not exceed €130.00 Exceed €130.01 but do not exceed €140.00 Exceed €140.01 but do not exceed €150.00 Exceed €150.01 but do not exceed €160.00 Exceed €160.01 but do not exceed €170.00 Exceed €170.01 but do not exceed €180.00 Exceed €180.01 but do not exceed €190.00 Exceed €190.01 but do not exceed €200.00 Exceed €200.01 but do not exceed €210.00 Exceed €210.01 but do not exceed €220.00 Exceed €220.01 but do not exceed €230.00 Exceed €230.01 but do not exceed €240.00 Exceed €240.01 but do not exceed €250.00 Exceed €250.01 but do not exceed €260.00 Exceed €260.01 but do not exceed €270.00 Exceed €270.01 but do not exceed €280.00 Exceed €280.01 but do not exceed €290.00 Exceed €290.01 but do not exceed €300.00	150.00 142.90 135.80 128.70 121.60 114.50 107.40 100.30 93.20 86.10 79.00 71.90 64.80 57.70 50.60 43.50 36.40 29.30 22.20 15.10 8.00	119.00 113.20 107.40 101.60 95.80 90.00 84.20 78.40 72.60 66.80 61.00 55.20 49.40 43.60 37.80 32.00 26.20 20.40 14.60 8.80 3.00

”.

SCHEDULE 7

Article 71.

“SCHEDULE 10

Reduced rates of State Pension (Transition) where contribution conditions are partially satisfied

Yearly Average

(1)

Weekly Rate

(2)

€

24 to 47

218.90

”.

SCHEDULE 8

Articles 80, 81, 87 and 88.

“SCHEDULE 11

Reduced rates of Widows (Contributory) Pension, Widowers (Contributory) Pension and a payment by virtue of paragraph (a) in the definition of “relevant payment” in section 178 where contribution conditions are partially satisfied

Yearly Average

(1)

Weekly Rate (under 66)

(2)

Weekly Rate (over 66)

(3)

€

36 to 47

24 to 35

18 to 23

12 to 17

5 to 11

200.40

197.80

146.20

96.40

48.80

218.90

213.70

160.20

106.40

53.20

.”

SCHEDULE 9

Article 9.

“SCHEDULE 1

Rates of increases for Qualified Adult payable with Illness Benefit, Jobseeker’s Benefit, Injury Benefit, Incapacity Supplement, Jobseeker’s Allowance, Pre-Retirement Allowance, Disability Allowance or Farm Assist

Qualified Adult weekly income, calculated or estimated in accordance with article 6B	Increase in respect of Qualified Adult
(1)	(2)
	€
Less than or equal to €100.00 Exceed €100.01 but do not exceed €110.00 Exceed €110.01 but do not exceed €120.00 Exceed €120.01 but do not exceed €130.00 Exceed €130.01 but do not exceed €140.00 Exceed €140.01 but do not exceed €150.00 Exceed €150.01 but do not exceed €160.00 Exceed €160.01 but do not exceed €170.00 Exceed €170.01 but do not exceed €180.00 Exceed €180.01 but do not exceed €190.00 Exceed €190.01 but do not exceed €200.00 Exceed €200.01 but do not exceed €210.00 Exceed €210.01 but do not exceed €220.00 Exceed €220.01 but do not exceed €230.00 Exceed €230.01 but do not exceed €240.00 Exceed €240.01 but do not exceed €250.00 Exceed €250.01 but do not exceed €260.00 Exceed €260.01 but do not exceed €270.00 Exceed €270.01 but do not exceed €280.00 Exceed €280.01 but do not exceed €290.00 Exceed €290.01 but do not exceed €300.00	131.30 125.90 120.50 114.20 107.90 101.60 95.30 89.00 82.70 76.40 70.10 63.80 57.50 51.20 44.90 38.60 32.30 26.00 19.70 13.40 7.10

.”

SCHEDULE 10

Articles 27 and 48.

“SCHEDULE 7

Rates of increases for Qualified Adult, payable with reduced rates of Illness and Jobseeker’s Benefit

Qualified Adult weekly income, calculated or estimated in accordance with article 6B	Increase in respect of Qualified Adult
(1)	(2)
	€
Less than or equal to €100.00 Exceed €100.01 but do not exceed €110.00 Exceed €110.01 but do not exceed €120.00 Exceed €120.01 but do not exceed €130.00 Exceed €130.01 but do not exceed €140.00 Exceed €140.01 but do not exceed €150.00 Exceed €150.01 but do not exceed €160.00 Exceed €160.01 but do not exceed €170.00 Exceed €170.01 but do not exceed €180.00 Exceed €180.01 but do not exceed €190.00 Exceed €190.01 but do not exceed €200.00 Exceed €200.01 but do not exceed €210.00 Exceed €210.01 but do not exceed €220.00 Exceed €220.01 but do not exceed €230.00 Exceed €230.01 but do not exceed €240.00 Exceed €240.01 but do not exceed €250.00 Exceed €250.01 but do not exceed €260.00 Exceed €260.01 but do not exceed €270.00 Exceed €270.01 but do not exceed €280.00 Exceed €280.01 but do not exceed €290.00 Exceed €290.01 but do not exceed €300.00	85.10 81.10 77.10 73.10 69.10 65.10 61.10 57.10 53.10 49.10 45.10 41.10 37.10 33.10 29.10 25.10 21.10 17.10 13.10 9.10 5.10

.”

SCHEDULE 11

Article 11.

“SCHEDULE 4

Rates of increases for Qualified Adult payable with Invalidity Pension

Qualified Adult weekly income, calculated or estimated in accordance with article 6B	Increase in respect of Qualified Adult (under 66)	Increase in respect of Qualified Adult (over 66)
(1)	(2)	(3)
	€	€
Less than or equal to €100.00 Exceed €100.01 but do not exceed €110.00 Exceed €110.01 but do not exceed €120.00 Exceed €120.01 but do not exceed €130.00 Exceed €130.01 but do not exceed €140.00 Exceed €140.01 but do not exceed €150.00 Exceed €150.01 but do not exceed €160.00 Exceed €160.01 but do not exceed €170.00 Exceed €170.01 but do not exceed €180.00 Exceed €180.01 but do not exceed €190.00 Exceed €190.01 but do not exceed €200.00 Exceed €200.01 but do not exceed €210.00 Exceed €210.01 but do not exceed €220.00 Exceed €220.01 but do not exceed €230.00 Exceed €230.01 but do not exceed €240.00 Exceed €240.01 but do not exceed €250.00 Exceed €250.01 but do not exceed €260.00 Exceed €260.01 but do not exceed €270.00 Exceed €270.01 but do not exceed €280.00 Exceed €280.01 but do not exceed €290.00 Exceed €290.01 but do not exceed €300.00	145.10 138.30 131.50 124.70 117.90 111.10 104.30 97.50 90.70 83.90 77.10 70.30 63.50 56.70 49.90 43.10 36.30 29.50 22.70 15.90 9.10	200.00 190.50 181.00 171.50 162.00 152.50 143.00 133.50 124.00 114.50 105.00 95.50 86.00 76.50 67.00 57.50 48.00 38.50 29.00 19.50 10.00

.”

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GIVEN under the Official Seal of the Minister for Social and Family Affairs,

21 December 2007

MARTIN CULLEN.

Minister for Social and Family Affairs.

The Minister for Finance hereby consents to the making of the foregoing regulations.

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GIVEN under the Official Seal of the Minister for Finance,

21 December 2007

BRIAN COWEN.

Minister for Finance.

EXPLANATORY NOTE

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

The Social Welfare Act 2007 provides for increases in the maximum rates of social insurance payments arising from Budget 2008.

These Regulations provide for increases in the reduced rates of Illness Benefit, Jobseeker’s Benefit, Health and Safety Benefit, State Pension (Contributory), State Pension (Transition), Widow’s and Widower’s (Contributory) Pension and Deserted Wife’s Benefit, and also provides for increases in the rates of tapered increases in respect of Qualified Adults. All of these increases are effective from the first week in January 2008.

The Regulations provide for increases in the minimum weekly rate of Maternity Benefit and Adoptive Benefit, with effect from 31 December 2007.

The Regulations also provide for the disregard of social insurance contributions, Health contributions, superannuation contributions and trade union subscriptions when calculating means from employment of a rehabilitative nature for the purposes of the Blind Pension.