Social Welfare and Pensions Act 2005 (2005_act_4) | IE

ISB Act 2005-03-14

Schedule 1 Social Welfare and Pensions Act 2005 Open official source

SCHEDULE 1 Amendments to Principal Act Consequential on the Health Act 2004

Amendments to Principal Act Consequential on the Health Act 2004

Section 23.

Item No.

Provisions affected

Amendment

1.

Section 2

In subsection (1), insert the following after the definition of “entry into insurance”: “ ‘Executive’ means the Health Service Executive;”.

In subsection (1), insert the following after the definition of “entry into insurance”

“ ‘Executive’ means the Health Service Executive;”.

2.

Section 65

In subsection (7), substitute “due to the Executive, payment may be made to the Executive” for “due to a health board, payment may be made to that board”.

3.

Section 175

(a) In subsection (1) (as amended by section 30 of the Act of 1999), substitute “the Executive shall, in respect of its functional areas” for “each health board shall, in respect of its functional areas”. (b) In subsection (1A) (inserted by section 36 of the Act of 1996), substitute “may apply to the whole State or to a functional area of the Executive or to a part of a functional area of the Executive” for “may apply to the whole State or to a specified health board or to a part of the functional area of a health board”. (c) In subsection (2) (as amended by section 30 of the Act of 1999), substitute “the Executive shall grant to every person in its functional areas” for “every health board shall grant to every person in its functional area”. (d) Delete subsection (3).

(a) In subsection (1) (as amended by section 30 of the Act of 1999), substitute “the Executive shall, in respect of its functional areas” for “each health board shall, in respect of its functional areas”.

(b) In subsection (1A) (inserted by section 36 of the Act of 1996), substitute “may apply to the whole State or to a functional area of the Executive or to a part of a functional area of the Executive” for “may apply to the whole State or to a specified health board or to a part of the functional area of a health board”.

(c) In subsection (2) (as amended by section 30 of the Act of 1999), substitute “the Executive shall grant to every person in its functional areas” for “every health board shall grant to every person in its functional area”.

(d) Delete subsection (3).

4.

Section 176 (as amended by section 14 of the Act of 2003) Section 179A(2) (inserted by section 16 of the Housing (Miscellaneous Provisions) Act 1997) Sections 180(1) and (3), 181, 182(2), 183(a), 184(a) and 184A(a) (each as amended by section 30 of the Act of 1999) Sections 185, 189(2) and 191(3) Section 191A(1) (as amended by section 8 of the Act of 2003) Section 222(3) The definition of ‘specified body’ in 223(1) Section 224(1)(b) (as amended by section 28 of the Act of 1999) Sections 224(1)(b), 277(2)(a), 278(b) and (c), 279 and 279A(b) (each as amended by section 30 of the Act of 1999) Section 279B(b) Section 281(5) Section 282 (as amended by section 21 of this Act) Section 293(1) Section 299(1) In Part I of the Third Schedule, in Rule 1(2)(g) and (k) (both as amended by section 26 of the Act of 1997), (kk) (as amended by section 13 of the Act of 2001) and (q) (as amended by section 26 of the Act of 1997) In Part II of the Third Schedule, in Rule 1(4)(f)(ii) and (iii) (both as amended by section 13 of the Act of 2001), (l) and (p) (both as amended by section 26 of the Act of 1997) In Part III of the Third Schedule, in Rule 1(1)(b) (as amended by section 26 of the Act of 1997), (bb) (inserted by section 13 of the Act of 2001), (g) and (l) (both as amended by section 26 of the Act of 1997) In Part IV of the Third Schedule, in Rule 1(3)(f) and (j) (both inserted by section 16 of the Act of 1999), (jj) (inserted by section 13 of the Act of 2001) and (p) (inserted by section 16 of the Act of 1999)

Section 176 (as amended by section 14 of the Act of 2003)

Section 179A(2) (inserted by section 16 of the Housing (Miscellaneous Provisions) Act 1997)

Sections 180(1) and (3), 181, 182(2), 183(a), 184(a) and 184A(a) (each as amended by section 30 of the Act of 1999)

Sections 185, 189(2) and 191(3)

Section 191A(1) (as amended by section 8 of the Act of 2003)

Section 222(3)

The definition of ‘specified body’ in 223(1)

Section 224(1)(b) (as amended by section 28 of the Act of 1999)

Sections 224(1)(b), 277(2)(a), 278(b) and (c), 279 and 279A(b) (each as amended by section 30 of the Act of 1999)

Section 279B(b)

Section 281(5)

Section 282 (as amended by section 21 of this Act)

Section 293(1)

Section 299(1)

In Part I of the Third Schedule, in Rule 1(2)(g) and (k) (both as amended by section 26 of the Act of 1997), (kk) (as amended by section 13 of the Act of 2001) and (q) (as amended by section 26 of the Act of 1997)

In Part II of the Third Schedule, in Rule 1(4)(f)(ii) and (iii) (both as amended by section 13 of the Act of 2001), (l) and (p) (both as amended by section 26 of the Act of 1997)

In Part III of the Third Schedule, in Rule 1(1)(b) (as amended by section 26 of the Act of 1997), (bb) (inserted by section 13 of the Act of 2001), (g) and (l) (both as amended by section 26 of the Act of 1997)

In Part IV of the Third Schedule, in Rule 1(3)(f) and (j) (both inserted by section 16 of the Act of 1999), (jj) (inserted by section 13 of the Act of 2001) and (p) (inserted by section 16 of the Act of 1999)

Substitute “the Executive” for “a health board” in each place where it occurs.

5.

Section 179A(3) (inserted by section 16 of the Housing (Miscellaneous Provisions) Act 1997) Sections 180(1) and (2) (both as amended by section 30 of the Act of 1999) Section 181 Section 182(1) (as amended by section 15 of the Act of 2003) Sections 182(2) and 184(c) Section 184A (as amended by section 30 of the Act of 1999) Sections 189(1) and (2), 190(2)(b) and 191(3) Section 257A (inserted by section 30 of the Act of 1996) Sections 278(c) and 279(iii) Section 279A(c) (as amended by section 30 of the Act of 1999) Section 279B(c) (as amended by section 30 of the Act of 1999) Section 281(5) and (8) The definition of “competent authority” in section 284(1) (as amended by section 24 of the Act of 1998) Section 299(1)

Section 179A(3) (inserted by section 16 of the Housing (Miscellaneous Provisions) Act 1997)

Sections 180(1) and (2) (both as amended by section 30 of the Act of 1999)

Section 181

Section 182(1) (as amended by section 15 of the Act of 2003)

Sections 182(2) and 184(c)

Section 184A (as amended by section 30 of the Act of 1999)

Sections 189(1) and (2), 190(2)(b) and 191(3)

Section 257A (inserted by section 30 of the Act of 1996)

Sections 278(c) and 279(iii)

Section 279A(c) (as amended by section 30 of the Act of 1999)

Section 279B(c) (as amended by section 30 of the Act of 1999)

Section 281(5) and (8)

The definition of “competent authority” in section 284(1) (as amended by section 24 of the Act of 1998)

Section 299(1)

Substitute “the Executive” for “the health board” in each place where it occurs.

6.

Sections 184(c) and 184A(c)

Substitute “the Executive” for “such health board” in each place where it occurs.

7.

Section 184(c)

Substitute “the Executive or deciding officer has certified” for “the health board has certified”.

8.

Sections 179A(3) and (4), 180(1), 189(2) and 299(1)

Substitute “the Executive” for “the board” in each place where it occurs.

9.

Section 248(1A) (inserted by section 30 of the Act of 1999) Section 267(1) (as amended by section 30 of the Act of 1996) Section 268 (as amended by section 30 of the Act of 1996) Sections 269 and 273 Section 273A(c) (inserted by section 31 of the Act of 1996) Section 277(3)

Section 248(1A) (inserted by section 30 of the Act of 1999)

Section 267(1) (as amended by section 30 of the Act of 1996)

Section 268 (as amended by section 30 of the Act of 1996)

Sections 269 and 273

Section 273A(c) (inserted by section 31 of the Act of 1996)

Section 277(3)

Substitute “employee of the Executive” for “officer of a health board” in each place where it occurs.

10.

Section 257(3) (as amended by section 30 of the Act of 1996) Sections 267(1) and 269(a) Section 269(b) (as amended by section 32 of the Act of 1996) Section 269(c) Section 278 (as amended by section 7 of the Act of 1996) Section 282

Section 257(3) (as amended by section 30 of the Act of 1996)

Sections 267(1) and 269(a)

Section 269(b) (as amended by section 32 of the Act of 1996)

Section 269(c)

Section 278 (as amended by section 7 of the Act of 1996)

Section 282

Substitute “employee of the Executive” for “officer of the health board” in each place where it occurs.

11.

Section 185

(a) In subsection (1)— (i) in paragraph (a), substitute “within any of its functional areas” for “within the functional area of the health board”, and (ii) in paragraph (b)— (I) substitute “within any of its functional areas” for “within its functional area”, and (II) substitute “within any of those areas” for “within that area”. (b) Substitute the following for subsection (2): “(2) The Executive may, in any case in which it thinks proper, bring into and bury in any of its functional areas the body of a person eligible for supplementary welfare allowance who has died outside that functional area.”. (c) In subsection (3), substitute “into any of its functional areas” for “into its functional area”.

(a) In subsection (1)—

(i) in paragraph (a), substitute “within any of its functional areas” for “within the functional area of the health board”, and

(ii) in paragraph (b)—

(I) substitute “within any of its functional areas” for “within its functional area”, and

(II) substitute “within any of those areas” for “within that area”.

(b) Substitute the following for subsection (2)

“(2) The Executive may, in any case in which it thinks proper, bring into and bury in any of its functional areas the body of a person eligible for supplementary welfare allowance who has died outside that functional area.”.

(c) In subsection (3), substitute “into any of its functional areas” for “into its functional area”.

12.

Section 187

Substitute the following for subsection (8): “(8) The Minister shall, out of moneys provided by the Oireachtas, make grants to the Executive to defray the expenditure on supplementary welfare allowance and costs of administration of that allowance.”.

Substitute the following for subsection (8)

“(8) The Minister shall, out of moneys provided by the Oireachtas, make grants to the Executive to defray the expenditure on supplementary welfare allowance and costs of administration of that allowance.”.

13.

Section 189

In subsection (3)— (a) substitute “as if the name of the Executive were substituted therein” for “as if the name of the health board in whose functional area the functional area of the public assistance authority is included were substituted therein”, and (b) substitute “by or against the Executive” for “by or against the health board”.

In subsection (3)—

(a) substitute “as if the name of the Executive were substituted therein” for “as if the name of the health board in whose functional area the functional area of the public assistance authority is included were substituted therein”, and

(b) substitute “by or against the Executive” for “by or against the health board”.

14.

Section 191

In subsection (2), substitute “the Executive” for “the health board in whose functional area the functional area of the public assistance authority was included immediately before the 1st day of July, 1977”.

15.

Section 224 (as amended by section 28 of the Act of 1999)

In subsection (1)(b), substitute “any of its functional areas” for “its functional area”.

16.

Section 266 (as amended by section 30 of the Act of 1999)

Substitute “the chief executive officer of the Executive” for “the chief executive officer (within the meaning of section 13 of the Health Act, 1970) of the health board”.

17.

Section 268

Substitute the following for subsection (1) (as amended by section 30 of the Act of 1996): “(1) An employee of the Executive (in this subsection referred to as the ‘first-named employee’) who is duly authorised to determine entitlement to a supplementary welfare allowance may, at any time— (a) revise a determination of another employee of the Executive, other than an employee appointed or designated under section 267(1), to such allowance if it appears to the first-named employee that the determination was erroneous in the light of new evidence or of new facts which have been brought to the notice of the first-named employee since the date on which the determination was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to the first-named employee that there has been any relevant change of circumstances since the determination was given, (b) revise the determination of another employee of the Executive appointed or designated under section 267(1), if it appears to the first-named employee that there has been any relevant change of circumstances which has come to notice since the determination was given, or (c) revise the decision of an appeals officer, if it appears to the first-named employee that there has been any relevant change of circumstances which has come to notice since the decision was given, and the provisions of this Part as to appeals shall apply to the revised determination in the same manner as they apply to an original determination of an employee of the Executive.”.

Substitute the following for subsection (1) (as amended by section 30 of the Act of 1996)

“(1) An employee of the Executive (in this subsection referred to as the ‘first-named employee’) who is duly authorised to determine entitlement to a supplementary welfare allowance may, at any time—

(a) revise a determination of another employee of the Executive, other than an employee appointed or designated under section 267(1), to such allowance if it appears to the first-named employee that the determination was erroneous in the light of new evidence or of new facts which have been brought to the notice of the first-named employee since the date on which the determination was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to the first-named employee that there has been any relevant change of circumstances since the determination was given,

(b) revise the determination of another employee of the Executive appointed or designated under section 267(1), if it appears to the first-named employee that there has been any relevant change of circumstances which has come to notice since the determination was given, or

(c) revise the decision of an appeals officer, if it appears to the first-named employee that there has been any relevant change of circumstances which has come to notice since the decision was given,

and the provisions of this Part as to appeals shall apply to the revised determination in the same manner as they apply to an original determination of an employee of the Executive.”.

18.

Section 293

In subsection (1)(b), substitute “in a case where the liable relative is in the service of such an authority or committee or the Executive” for “in a case where the liable relative is in the service of such an authority, board or committee”.

ISB Act 2005-03-14

Schedule 2 Social Welfare and Pensions Act 2005 Open official source

SCHEDULE 2 “Third Schedule — Rules as to Calculation of Means

“Third Schedule — Rules as to Calculation of Means

Section 24.

PART 1 Definitions

PART 1

Definitions

1. In this Schedule—

‘fisherman’ means a person engaged in seafishing as a selfemployed person—

(a) on a fishing boat entered in the Register of Fishing Boats, or

(b) on a fishing boat and in a place in respect of which a fishing licence (within the meaning of section 3 of the Fisheries (Consolidation) Act 1959) for fishing for salmon at sea has been issued;

‘gross proceeds derived from the sale of the principal residence’ means—

(a) the agreed sale price of the residence, or

(b) where the claimant or beneficiary purchases alternative accommodation, the difference between the agreed sale price of the former residence and the agreed purchase price of the replacement residence;

‘housing costs’ means rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the person is, for the time being, residing;

‘maintenance grant’ means a grant issued under—

(a) a scheme administered by the Minister for Education and Science under the Local Authorities (Higher Education Grants) Acts 1968 to 1992, or

(b) a scheme administered under the aegis of the Minister for Education and Science and known as the—

(i) Maintenance Grants Scheme for Students attending Post-Leaving Certificate Courses,

(ii) Vocational Education Committees Scholarship Scheme, or

(iii) Third-Level Maintenance Grants Scheme for Trainees;

‘maintenance payments’ means any payment received under or pursuant to any maintenance arrangement that may be prescribed;

‘spouse’ means—

(a) each person of a married couple who are living together, or

(b) a man and woman who are not married to each other but are cohabiting as husband and wife.

PART 2 Unemployment Assistance, Pre-Retirement Allowance, Disability Allowance and Farm Assist

PART 2

Unemployment Assistance, Pre-Retirement Allowance, Disability Allowance and Farm Assist

Sections 119, 127, 191A and 191M.

1. In the calculation of the means of a person for the purposes of Chapters 2, 3, 12 and 14 of Part III, account shall be taken of the following

(1) other than in the circumstances and subject to the conditions and for the periods that may be prescribed, the weekly value of property belonging to the person or to his or her spouse (not being property personally used or enjoyed by the person or his or her spouse or a farm of land leased either by the person or his or her spouse) which is invested or otherwise put to profitable use or is capable of being, but is not, invested or put to profitable use and the weekly value, calculated in accordance with Table 1 to this Schedule, constitutes the weekly means of a person from that property but, in the case of farm assist, no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;

(2) all income in cash and any non-cash benefits that may be prescribed which the person or his or her spouse may reasonably expect to receive during the succeeding year, whether as contributions to the expenses of the household or otherwise, but—

(a) excluding the amounts at references 1 to 19 in Table 2 to this Schedule, and

(b) excluding—

(i) in the cases that may be prescribed, any moneys received by way of a maintenance grant,

(ii) any moneys received by way of maintenance payments (including maintenance payments made to or in respect of a qualified child) in so far as those payments do not exceed the annual housing costs actually incurred by the person subject to the maximum amount that may be prescribed, together with one-half of any amount of maintenance payment in excess of the amount disregarded in respect of housing costs actually incurred (if any),

(iii) in the case of unemployment assistance, any moneys, subject to the limit that may be prescribed, received by way of repayment of expenses necessarily incurred in relation to travel and meals while undergoing a course of education, training or development approved by the Minister,

(iv) in the case of—

(I) unemployment assistance and pre-retirement allowance and subject to paragraph (5) all moneys earned by the person in respect of current personal employment under a contract of service,

(II) farm assist and subject to paragraph (8), all moneys earned by the person or his or her spouse in respect of current personal employment under a contract of service,

(v) in the case of unemployment assistance, pre-retirement allowance and farm assist and subject to paragraphs (6), (7) and (8), any moneys earned by the person or his or her spouse from insurable employment of a seasonal nature,

(vi) the amount that may be prescribed of all moneys earned by the person's spouse from insurable employment,

(vii) any moneys, except in so far as they exceed €134 per year, received by the person or by his or her spouse in respect of work as an outworker under a scheme that is, in the opinion of the Minister, charitable in character and purpose,

(viii) in the case of disability allowance, the amount that may be prescribed of earnings from employment or self-employment of a rehabilitative nature,

(ix) in the case of unemployment assistance, pre-retirement allowance and farm assist, all income received under the following schemes

(I) the Rural Environment Protection Scheme administered by the Minister for Agriculture and Food;

(II) the Special Areas of Conservation Scheme administered by the Minister for Community, Rural and Gaeltacht Affairs,

except in so far as that income exceeds the sum of—

(A) €2,540, plus

(B) one-half of any amount in excess of €2,540 and

(C) any expenses necessarily incurred,

(x) in the case of unemployment assistance and pre-retirement allowance, and subject to paragraph (9), any income derived by a fisherman from any form of self-employment,

(xi) where the person or his or her spouse is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived from that occupation as does not exceed €153 per year and one-third of so much of the income as exceeds €153 per year but does not exceed €381 per year,

(xii) in the case of farm assist, an amount of €1,270 per annum from the harvesting of seaweed;

(3) the yearly value ascertained in the prescribed manner of any advantage accruing to the person or to his or her spouse from—

(a) the use of property (other than a domestic dwelling or farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by the person or by his or her spouse, and

(b) the leasing by the person or by his or her spouse of a farm of land;

(4) all income and the value of all property of which the person or his or her spouse has directly or indirectly deprived himself or herself in order to qualify for the receipt of unemployment assistance, pre-retirement allowance, disability allowance or farm assist, but where the income or the value of the property has reduced since the date of calculation, the calculation may be revised, subject to the conditions and in the circumstances that may be prescribed but any such regulations shall not cause the income or value of the property taken to be part of the means to be increased;

(5) in the case of a person engaged in employment under a contract of service, the value, ascertained in the prescribed manner of any moneys derived from that employment and the value so calculated constitutes the weekly means of that person from that employment for the purposes of Chapter 2 of Part III;

(6) in the case of a person who makes a claim for unemployment assistance during a period in which he or she is engaged in insurable employment of a seasonal nature, the value, ascertained in the prescribed manner, of any moneys derived from that employment and the value so calculated constitutes the weekly means of that person from that employment for the purposes of Chapter 2 of Part III;

(7) in the case of unemployment assistance and pre-retirement allowance, the value of all moneys derived by his or her spouse from insurable employment of a seasonal nature, ascertained in the prescribed manner, during the period in which his or her spouse is engaged in that employment, and the value so calculated constitutes the weekly means of that person from such employment;

(8) in the case of a farmer or his or her spouse engaged in current personal or seasonal employment, the value, ascertained in the prescribed manner, of any moneys derived from that employment and the value so calculated constitutes the weekly means of that person from that employment;

(9) (a) in the case of a fisherman, the gross income derived from any form of self-employment, or

(b) in the case of a farmer entitled to or in receipt of farm assist, the gross yearly income which the farmer or his or her spouse may reasonably be expected to receive from farming or any other form of self-employment,

less—

(i) any expenses necessarily incurred in carrying on any form of self-employment, and

(ii) where the fisherman or farmer has a qualified child, who normally resides with him or her, an amount of—

(I) €254 per annum in respect of each of the first 2 qualified children, and

(II) €381 per annum in respect of each subsequent qualified child,

calculated at the rate of 70 per cent;

(10) in the case of persons entitled to or in receipt of unemployment assistance who have not attained the age that may be prescribed, the yearly value of any benefit or privilege enjoyed by that person by virtue of residing with a parent or step-parent, and the Minister may prescribe by regulations the manner in which the value of the benefit and privilege may be calculated.

2. (1) Notwithstanding this Schedule and subject to paragraph (2), for the purposes of disability allowance, the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together, the spouse of the claimant or beneficiary shall not, subject to the limit and under the conditions and circumstances and for the periods as shall be prescribed, be taken into account in calculating the means of the claimant or beneficiary.

(2) Paragraph (1) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.

3. For the purposes of Rule 1(2) and (10), the income of a person shall, in the absence of other means of ascertaining it, be taken to be the income actually received during the year immediately before the date of calculation.

4. The Minister may by regulations vary—

(a) Rule 1(1) and Table 1 to this Schedule in relation to the calculation of the weekly value of property belonging to a person, and

(b) Rule 1(2) to (10), in the case of farm assist.

PART 3 Old Age (Non-Contributory), Blind, Widow's or Widower's (Non-Contributory), and Orphan's (Non-Contributory) Pensions, One-Parent Family Payment and Carer's Allowance

Old Age (Non-Contributory), Blind, Widow's or Widower's (Non-Contributory), and Orphan's (Non-Contributory) Pensions, One-Parent Family Payment and Carer's Allowance

Sections 134, 142, 157 and 163.

1. Subject to paragraphs (2) and (3), in calculating the means of a person, account shall be taken of the following—

(1) other than in the circumstances and subject to the conditions and for the periods that may be prescribed, the weekly value of property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him or her) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use and the weekly value, calculated in accordance with Table 1 to this Schedule, constitutes the weekly means of a person from that property but, no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;

(2) all income in cash (including, in the case of widow's or widower's (non-contributory) pension, orphan's (non-contributory) pension and one-parent family payment, the net cash value of such non-cash benefits as may be prescribed), and the income received by a qualified child or qualified children that may be prescribed which the person may reasonably expect to receive during the year succeeding the date of calculation, but—

(a) excluding the amounts at references 1 to 19 in Table 2 to this Schedule, and

(b) excluding—

(i) in the case of blind pension or one-parent family payment, any moneys received by way of a maintenance grant,

(ii) in the case of old age (non-contributory) pension, blind pension, widow's or widower's (non-contributory) pension and one-parent family payment, any moneys received by way of maintenance payments (including maintenance payments made to or in respect of a qualified child) in so far as they do not exceed the annual housing costs actually incurred by the person subject to the maximum amount that may be prescribed, together with one-half of any amount of maintenance payment in excess of the amount disregarded in respect of housing costs actually incurred (if any),

(iii) in the case of one-parent family payment, any moneys, subject to the limit that may be prescribed, received by way of repayment of expenses necessarily incurred in relation to travel and meals while undergoing a course of education, training or development approved by the Minister,

(iv) in the case of a blind person, any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920,

(v) in the case of a person who has attained pensionable age, any moneys received under a scheme administered by the Minister for Agriculture and Food and known as the Early Retirement Scheme from Farming operated under Council Regulation (EEC) No. 2079/92 of 30 July 199233 OJ No. L215, 30.7.92, p.91, or Council Regulation (EC) No. 1257/99 of 17 May 199944 OJ No. L160, 26.6.99, p.80,

3 OJ No. L215, 30.7.92, p.91

4 OJ No. L160, 26.6.99, p.80

(vi) for the purposes of old age (non-contributory) pension and widow's and widower's (non-contributory) pension, any moneys received in respect of rent from a person who resides with the claimant or beneficiary and but for the residence of the person the claimant or beneficiary would reside alone,

(vii) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person or a farm of land leased by him or her),

(viii) in the case of old age (non-contributory) pension, widow's or widower's (non-contributory) pension, orphan's (non-contributory) pension, one-parent family payment or carer's allowance, any moneys, except in so far as they exceed €67 per year, received by the person in respect of employment as an outworker under a scheme that is, in the opinion of the Minister, charitable in character and purpose,

(ix) in the case of a recipient of one-parent family payment, subject to paragraph (4), any moneys received by way of earnings (including wages and profit from any form of self-employment),

(x) in the case of a blind person, his or her earnings (including wages and profit from any form of self-employment) other than employment of a rehabilitative nature, except and in so far as the annual amount of those earnings is calculated to exceed an amount made up as follows—

€400, plus €265 if the person's spouse is living with or is wholly or mainly maintained by him or her or, being a single person, widow or widower, is maintaining wholly or mainly a person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with the person, plus €133 for each qualified child normally residing with the person of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,

(xi) in the case of a blind person, the amount that may be prescribed of his or her earnings from employment of a rehabilitative nature,

(xii) in the case of a person who is in receipt of old age (non-contributory) pension, orphan's (non-contributory) pension or carer's allowance and who has a qualified child who normally resides with him or her, his or her earnings (including wages and profit from any form of self-employment), except and in so far as the annual amount of those earnings is calculated to exceed €133 for each such child of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,

(xiii) in the case of old age (non-contributory) pension, an amount of €2,540 together with one-half of any amount in excess of €2,540 received under the following schemes

(I) the Rural Environment Protection Scheme administered by the Minister for Agriculture and Food;

(II) the Special Areas of Conservation Scheme administered by the Minister for Community, Rural and Gaeltacht Affairs,

and that income shall, in the absence of other means for ascertaining it, be taken to be that actually received during the year immediately before the date of calculation but where that income is attributable to a period before the year immediately preceding the date of calculation but is received in a subsequent year, it shall be regarded for the purposes of this paragraph as having been received in the year to which it is attributable;

(3) the yearly value of any advantage accruing to the person from—

(a) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by the person, and

(b) a farm of land leased by the person;

(4) (a) subject to subparagraph (b), in the case of a recipient of one-parent family payment who has earnings (including wages and profit from any form of self-employment), the gross weekly earnings, constitutes the weekly means of that parent from earnings for the purposes of Chapter 9 of Part III,

(b) in calculating the gross weekly earnings of a recipient of one-parent family payment, for the purposes of subparagraph (a), an amount of €146.50 together with half the gross weekly earnings in excess of that amount shall be disregarded;

(5) in the case of carer's allowance, in calculating the weekly means of a carer who is not one of a couple (other than means derived from a social security payment payable under the legislation of another state), that amount that may be prescribed shall be disregarded;

(6) in the case of carer's allowance, the amount that the Minister determines that the relevant person (as defined in section 163) could reasonably be expected to contribute to the support of the carer but in determining that amount, no account shall be taken of any sums received by the relevant person under Part II, III or IV.

2. (1) Subject to paragraph (2), if it appears that any person has, whether before or after the commencement of this Act, directly or indirectly deprived himself or herself of any income or property in order to qualify himself or herself for the receipt of the pension or allowance in question, or for the receipt of the pension or allowance at a higher rate than that to which he or she would otherwise be entitled, that income or the value of that property shall for the purposes of these Rules be taken to be part of the means of that person.

(2) Paragraph (1) shall not apply to any assignment—

(a) which is an assignment to a child or children of the assignor, and

(b) which is an assignment of property consisting of a farm of land (together with or without the stock and chattels thereon) and of which the assignor is the owner and the occupier or the occupier only.

(3) In the case of a person to whom paragraph (1) applies, where the income or the value of the property taken to be part of his or her means for the purposes of that paragraph has reduced since the date of calculation, the calculation may be revised, subject to the conditions and in the circumstances that may be prescribed, but regulations made under this paragraph shall not cause the income or the value of the property taken to be part of his or her means to be increased.

(4) For the purposes of this Rule, ‘assignment’ includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.

3. (1) Notwithstanding this Schedule and subject to paragraph (2), for the purposes of—

(a) old age (non-contributory) pension or blind pension, or

(b) widow's (non-contributory) pension or widower's (non-contributory) pension, or one-parent family payment, where the claimant or beneficiary has attained pensionable age,

the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together, the spouse of the claimant or beneficiary where the spouse has attained pensionable age, shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant, beneficiary or pensioner.

(2) Paragraph (1) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.

4. (1) In the case of an old age (non-contributory) pension, blind pension or a carer's allowance, the following apply when calculating the means of a person who is one of a couple living together

(a) the means of the person shall be taken to be one-half of the total means of the couple;

(b) the person is deemed to be entitled to one-half of all property to which the person or the other member of the couple is entitled or to which the person and the other member of the couple are jointly entitled;

(c) for the purposes of this Rule, the means of each member of the couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate or carer's allowance, as the case may be) and the total means shall be the sum of the means of each member as so determined;

(d) where one member of the couple dies, nothing which was reckoned for the purposes of pension, or would (if the deceased member had been entitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period before or part of which was before that death.

(2) In the case of carer's allowance, in calculating the means of the other member of the couple for the purposes of paragraph (1) the following shall be disregarded—

(a) an amount, not exceeding the maximum amount set out in column (2), reference 3 of Part I of the Second Schedule, of a social security payment payable under the legislation of another state, and

(b) an amount, not exceeding half the amount set out in column (4), reference 3 of Part I of the Second Schedule, of a social security payment payable under the legislation of another state in respect of each qualified child for which an increase is granted under section 165(1).

(3) In the case of carer's allowance, in calculating the weekly means of the couple (other than means derived from a social security payment payable under the legislation of another state), the amount that may be prescribed shall be disregarded.

(4) In this Rule ‘couple’ means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.

(5) In calculating the means of a person who is one of a married couple living apart from his or her spouse, any sum paid by him or her to his or her spouse under a separation order shall be deducted in calculating his or her means.

5. (1) Notwithstanding these Rules, where—

(a) an old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, widower's (non-contributory) pension, orphan's (non-contributory) pension, one-parent family payment or carer's allowance is in course of payment to or in respect of a person or the spouse of the person or both of them, and

(b) a pension or pensions (in this Rule referred to as ‘the other pension'), not being a pension or pensions mentioned in paragraph (a), is in course of payment to or in respect of the person or the spouse of the person or both of them,

in calculating the means of the person or of the spouse or of both of them for the purposes of old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, widower's (non-contributory) pension, orphan's (non-contributory) pension, one-parent family payment or carer's allowance (as the case may require), any portion of the amount of an increase in the other pension or the aggregate increase, where more than one increase in the other pension has occurred, which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount by which the other pension has been increased, shall not be reckoned as means.

(2) Any amount excluded from the calculation of means in accordance with reference 16 in Table 2 shall be subject to Rule 5(1).

6. Notwithstanding this Schedule, the amount of any allowance, special allowance, dependent's allowance, disability pension or wound pension under the Army Pensions Acts 1923 to 1980, or pension under the Military Service (Pensions) Acts 1924 to 1964, arising out of service in the period commencing on 23 April 1916 and ending on 30 September 1923, or pension under the Connaught Rangers (Pensions) Acts 1936 to 1964, shall be disregarded in the calculation of means for the purposes of Chapters 4 to 10 of Part III.

7. The Minister may by regulations vary Rule 1(1) and Table 1 to this Schedule in relation to the calculation of the weekly value of property belonging to a person.

PART 4 Supplementary Welfare Allowance

Supplementary Welfare Allowance

Section 177.

1. In calculating the weekly means of a person for supplementary welfare allowance account shall be taken of the following—

(1) the value of any property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him or her) which is invested or is otherwise put to profitable use or which, though capable of investment or profitable use, is not invested or put to profitable use, the yearly value of the first €520 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of €520 being taken to be one-tenth part of the capital value; and the weekly value of the property being calculated as one fifty-second part of the yearly value so calculated;

(2) all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and the noncash benefits that may be prescribed and the actual or estimated amount of any household income, whether as contributions to the expenses of the household or otherwise, but—

(a) excluding the amounts at references 2 to 11 and 19 in Table 2 to this Schedule, and

(b) excluding—

(i) in the cases that may be prescribed, any moneys received by way of a maintenance grant,

(ii) any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920,

(iii) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person or a farm of land leased by the person),

(iv) the amount that may be prescribed of earnings from employment of a rehabilitative nature,

(v) in the case of a person in receipt of a supplement under section 179 towards the amount of mortgage interest or rent payable by him or her in respect of his or her residence

(I) €60, or any higher amount that may be prescribed, from the amount of income derived when gross earnings from such employment that may be prescribed, have been reduced by the aggregate of—

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

(B) any amount deducted from reckonable earnings under section 10 and regulations made under section 11,

(C) any amount deducted from reckonable earnings under section 5 of the Health Contributions Act 1979, and

(D) an amount equal to the amount of reduction, if any, in the rate of unemployment assistance or one-parent family payment under Part III consequent on receipt of those earnings from employment;

(II) the amount by which carer's allowance exceeds the amount of supplementary welfare allowance set out in column (3) at reference 10 of the Fourth Schedule, in the case of a claimant, or his or her spouse, who is in receipt of carer's allowance under Part III,

(III) the amount by which carer's allowance exceeds the amount of supplementary welfare allowance set out in column (2) at reference 10 of the Fourth Schedule, in the case of a claimant who, not being one of a couple, is in receipt of carer's allowance under Part III,

(IV) the amount that may be prescribed from attendance at any training course that may be prescribed;

(3) the value of any advantage accruing to the person from—

(a) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by him or her, and

(b) the leasing by the person of a farm of land;

(4) all income and the value of all property of which the person has directly or indirectly deprived himself or herself in order to qualify himself or herself for the receipt of supplementary welfare allowance;

(5) the value of any benefit or privilege enjoyed by the person.

2. The Minister may by regulations vary—

(a) Rule 1(1) in relation to the calculation of the yearly value of property belonging to a person, and

(b) Rule 1(2), (3), (4) and (5).

The weekly value of the property referred to in Rule 1(1)(a) of Part 2 and Rule 1(1)(a) of Part 3 shall be calculated as follows: (a) the first €20,000 of the capital value of the property shall be excluded; (b) the weekly value of so much of the capital value of the property as exceeds €20,000 but does not exceed €30,000 shall be assessed at €1 per each €1,000; (c) the weekly value of so much of the capital value of the property as exceeds €30,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000, and (d) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000.

The weekly value of the property referred to in Rule 1(1)(a) of Part 2 and Rule 1(1)(a) of Part 3 shall be calculated as follows

(a) the first €20,000 of the capital value of the property shall be excluded;

(b) the weekly value of so much of the capital value of the property as exceeds €20,000 but does not exceed €30,000 shall be assessed at €1 per each €1,000;

(c) the weekly value of so much of the capital value of the property as exceeds €30,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000, and

(d) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000.

Table 2

Reference No.

Amount

1.

any moneys received by way of benefit, pension, assistance, allowance, supplement or continued payment for qualified children under Part II, III, IV, IVA, V, VA or VB;

2.

any moneys received by way of child benefit under Part IV or a payment corresponding to that benefit from another Member State;

3.

any allowance received under section 61 of the Health Act 1970, and known as domiciliary care allowance;

4.

any moneys received by way of a mobility allowance payable under section 61 of the Health Act 1970;

5.

any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health and Children for the purposes of the provision of such training);

6.

payments by the Health Service Executive in respect of a child who is boarded out;

7.

payments by the Health Service Executive in respect of the provision of accommodation for a child under section 5 of the Child Care Act 1991;

8.

payments in respect of not more than 2 persons boarded out under section 10 of the Health (Nursing Homes) Act 1990, received from the Health Service Executive or a person boarded out, in so far as the aggregate amount of payment received in respect of each person boarded out does not exceed an amount equivalent to the rate set out in column (2) at reference 4 of Part I of the Fourth Schedule;

9.

the amount that may be prescribed of income from employment by the Health Service Executive or by a person approved by the Health Service Executive, as a home help;

10.

in the case of a qualified applicant under a scheme administered by the Minister for Community, Rural and Gaeltacht Affairs and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of that temporary resident;

11.

any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them;

12.

any moneys received by the person's spouse in respect of participation in a scheme administered by the Minister and known as: (a) Back to Education Allowance, or (b) Back to Work Allowance, or (c) Back to Work Enterprise Allowance, or (d) Part-time Job Incentive;

any moneys received by the person's spouse in respect of participation in a scheme administered by the Minister and known as

(a) Back to Education Allowance, or

(b) Back to Work Allowance, or

(c) Back to Work Enterprise Allowance, or

(d) Part-time Job Incentive;

13.

any moneys received by the person's spouse in respect of participation in a course approved by An Foras Áiseanna Saothair under the Industrial Training Act 1967;

14.

any moneys received by the person's spouse in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme;

15.

any income arising from a bonus under a scheme administered by the Minister for Community, Rural and Gaeltacht Affairs for the making of special grants to parents or guardians resident in the Gaeltacht or Breac Ghaeltacht (as defined in such scheme) of children attending primary schools;

16.

an amount of an allowance, dependant's allowance, disability pension or wounds pension under the Army Pensions Acts 1923 to 1980 (including, for the purposes of this subparagraph, a British War Pension), or of a combination of those allowance and pensions, except in so far as the amount exceeds €104 per year;

17.

any expenses necessarily incurred in carrying on any form of self-employment;

18.

any income arising by way of an infectious diseases maintenance allowance to or in respect of the person or a qualified adult or any qualified children;

19.

any other income that may be prescribed received by a person or his or her spouse and in the circumstances that may be prescribed.

”.

ISB Act 2005-03-14

Schedule 3 Social Welfare and Pensions Act 2005 Open official source

SCHEDULE 3 Amendments Consequential on Substitution of Third Schedule of Principal Act

Amendments Consequential on Substitution of Third Schedule of Principal Act

Section 25.

In the provisions of the Principal Act specified in column (1) of the following Table the words set out in column (3) are substituted for the words set out in the corresponding entry in column (2).

Provisions amended

Words to be replaced

Words to be substituted

(1)

(2)

(3)

Section 4(4)(a) (as amended by section 11 of the Act of 2000)

Rule 1(2)(l), 1(2)(t), 1(6), 1(6A) of Part I

Rule 1(2)(b)(iv)(I), (6) and (7) of Part 2 and Reference 14 in Table 2 to the Third Schedule

Rule 1(4)(u) and 3(3) of Part II

Rule 2(3) of Part 3

Rule 1(1)(o) and 2 of Part III

Reference 19 in Table 2 to the Third Schedule and Rule 2 of Part 4

Section 4(5) (as amended by section 12 of the Act of 2002)

Rule 1(1A) of Part I

Rule 4(a) of Part 2

Rule 1(3A) of Part II

Rule 7 of Part 3

Rule 1(2A) of Part III

Rule 2(a) of Part 4

Rule 1(2A) of Part IV

Rule 4(a) of Part 2

Section 119(1) (as amended by section 37 of the Act of 2004)

Rule 1(1), 1(6), 1(6A) or 1(7) of Part I

Rule 1(1), (5), (6) or (7) of Part 2

Section 119(2)

Rules contained in Part I

Rules contained in Part 2

Section 121(3) (as amended by section 7 of the Act of 2004)

Rule 1(5) of Part I

Rule 1(10) of Part 2

Section 121(4)(b)

Rule 1(5) of Part I

Rule 1(10) of Part 2

Section 127(3) (as amended by sections 23 and 37 of the Act of 2001)

Rule 1(1) or 1(6A) as the case may be, of Part I

Rule 1(1) or (7) as the case may be, of Part 2

Rules contained in Part I

Rules contained in Part 2

Section 132 (as amended by section 17 of the Act of 2000)

Rule 1(1) of Part II

Rule 1(1) of Part 3

Section 134(b) (as amended by section 17 of the Act of 2004)

Rules contained in Part II

Rules contained in Part 3

Section 142 (as amended by section 19 of the Act of 1997)

Rule 1(1) of Part II

Rule 1(1) of Part 3

Rules contained in Part II

Rules contained in Part 3

Section 157 (as amended by section 19 of the Act of 1997)

Rule 1(1) and 1(7) of Part II

Rule 1(1) and (4) of Part 3

Rules contained in Part II

Rules contained in Part 3

Section 163(1) (as amended by section 17 of the Act of 2000)

Rule 1(1) of Part II

Rule 1(1) of Part 3

Section 163(2)

Rules contained in Part II

Rules contained in Part 3

Section 169

Rules contained in Part II

Rules contained in Part 3

Section 177(1)(b) (as amended by section 37 of the Act of 2001)

Rules contained in Part III

Rules contained in Part 4

Section 182(1) (as amended by section 15 of the Act of 2003)

Part III

Part 4

Section 191A(1) (as amended by section 8 of the Act of 2002)

Rule 1(1) of Part I

Rule 1(1) of Part 2

Section 191A(2)

Rules contained in Part I

Rules contained in Part 2

Section 191L (as amended by section 17 of the Act of 2000)

Rule 1(2) of Part IV

Rule 1(1) of Part 2

Rules contained in Part IV

Rules contained in Part 2

ISB Act 2005-03-14

Schedule 4 Social Welfare and Pensions Act 2005 Open official source

SCHEDULE 4 Pre-Consolidation Amendments

Pre-Consolidation Amendments

Section 26.

Item No.

Provisions affected

Amendment

1.

Section 2

In subsection (1)— (a) in the definition of “reckonable emoluments” substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)” for “Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 (S.I. No. 260 of 1972)) of the Income Tax (Employments) Regulations, 1960 (S.I. No. 28 of 1960)”, and (b) substitute the following for the definition of “social welfare inspector”: “ ‘social welfare inspector’ means a person appointed by the Minister under section 212 to be a social welfare inspector for the purposes of Parts II, III, IV, IVA, V, VA, VB, VI and IX;”.

In subsection (1)—

(a) in the definition of “reckonable emoluments” substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)” for “Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 (S.I. No. 260 of 1972)) of the Income Tax (Employments) Regulations, 1960 (S.I. No. 28 of 1960)”, and

(b) substitute the following for the definition of “social welfare inspector”

“ ‘social welfare inspector’ means a person appointed by the Minister under section 212 to be a social welfare inspector for the purposes of Parts II, III, IV, IVA, V, VA, VB, VI and IX;”.

2.

Section 4

In subsection (6), substitute “not being regulations of which a draft is required” for “not being regulations or rules of which a draft is required”.

3.

Section 11

In subsection (1)— (a) in paragraph (aa) (inserted by section 12 of the Act of 1996), substitute “eircom plc” for “Bord Telecom Eireann”, (b) delete paragraph (c), and (c) substitute the following for paragraphs (d) to (g): “(d) persons employed as teachers in primary schools which are recognised schools within the meaning of the Education Act 1998, or (e) persons employed as teachers in training colleges recognised by the Minister for Education and Science for teachers in primary schools, or (f) persons employed as teachers in post-primary schools which are recognised schools within the meaning of the Education Act 1998, or (g) persons employed as teachers in domestic science training colleges, funded by moneys voted by the Oireachtas for that purpose, or”.

In subsection (1)—

(a) in paragraph (aa) (inserted by section 12 of the Act of 1996), substitute “eircom plc” for “Bord Telecom Eireann”,

(b) delete paragraph (c), and

(c) substitute the following for paragraphs (d) to (g)

“(d) persons employed as teachers in primary schools which are recognised schools within the meaning of the Education Act 1998, or

(e) persons employed as teachers in training colleges recognised by the Minister for Education and Science for teachers in primary schools, or

(f) persons employed as teachers in post-primary schools which are recognised schools within the meaning of the Education Act 1998, or

(g) persons employed as teachers in domestic science training colleges, funded by moneys voted by the Oireachtas for that purpose, or”.

4.

Section 16

(a) Substitute the following for subsection (1): “(1) In this section ‘Act of 1988’ means the Bankruptcy Act 1988.”. (b) Substitute “section 81 of the Act of 1988” for “section 4 of the Act of 1889” in each place where it occurs. (c) Substitute “Act of 1988” for “Act of 1889” in each place where it occurs.

(a) Substitute the following for subsection (1)

“(1) In this section ‘Act of 1988’ means the Bankruptcy Act 1988.”.

(b) Substitute “section 81 of the Act of 1988” for “section 4 of the Act of 1889” in each place where it occurs.

(c) Substitute “Act of 1988” for “Act of 1889” in each place where it occurs.

5.

Section 29C (inserted by section 11 of the Act of 2002)

Substitute the following for subsection (2): “(2) In this section ‘Personal Retirement Savings Account’ has the meaning given to it by section 91 of the Pensions Act 1990”.

Substitute the following for subsection (2)

“(2) In this section ‘Personal Retirement Savings Account’ has the meaning given to it by section 91 of the Pensions Act 1990”.

6.

Section 30

In subsection (1)— (a) delete paragraph (aa) (inserted by Regulation 5 of the European Communities (Social Welfare) Regulations 1994 (S.I. No. 312 of 1994)), and (b) delete paragraph (e).

In subsection (1)—

(a) delete paragraph (aa) (inserted by Regulation 5 of the European Communities (Social Welfare) Regulations 1994 (S.I. No. 312 of 1994)), and

(b) delete paragraph (e).

7.

Section 32

In subsection (2), substitute “52” for “39”.

8.

Sections 41A to 41G (inserted by Regulation 4 of the European Communities (Social Welfare) Regulations 1994 (S.I. No. 312 of 1994))

Repeal the sections.

9.

Section 43

In subsection (2), substitute “52” for “39”.

10.

Section 64 (as amended by section 28 of the Act of 1997)

In subsections (1) and (3) substitute “qualified child or qualified adult” for “child or qualified adult” in each place where it occurs.

11.

Section 65

Substitute “Mental Health Acts 1945 to 2001” for “Mental Treatment Acts 1945 to 1966” wherever it occurs in that section.

12.

Section 82D (inserted by section 10 of the Act of 2000)

In subsection (1)(b), substitute “column (2)” for “column (1)”.

13.

Section 120

In subsection (8) (inserted by section 17 of the Act of 2004), substitute “unemployment assistance under this section” for “an allowance under this section”.

14.

Section 126

In subsection (2), in paragraph (e) of the definition of “institution of education”, substitute “Qualifications (Education and Training) Act 1999” for “National Council for Education Awards Act 1979”.

15.

Section 139

Substitute the following for subsection (2): “(2) A person in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 87(1) shall, except as provided in section 135, be disqualified, for any period in respect of which the weekly rate of that pension payable to that other person is so increased, for receiving old age (non-contributory) pension.”.

Substitute the following for subsection (2)

“(2) A person in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 87(1) shall, except as provided in section 135, be disqualified, for any period in respect of which the weekly rate of that pension payable to that other person is so increased, for receiving old age (non-contributory) pension.”.

16.

Section 140

(a) In subsection (1), insert “or in an approved centre within the meaning of the Mental Health Act 2001” after “Mental Treatment Act 1945”. (b) In subsection (2), substitute “Clinical Director” for “Resident Physician and Governor”.

(a) In subsection (1), insert “or in an approved centre within the meaning of the Mental Health Act 2001” after “Mental Treatment Act 1945”.

(b) In subsection (2), substitute “Clinical Director” for “Resident Physician and Governor”.

17.

Section 163

In subsection (1), in the definition of “relevant person” (as amended by section 10 of the Act of 1999), delete “handicapped”.

18.

Section 170A (inserted by section 5 of the Act of 2003)

Substitute “qualified child” for “child dependant”.

19.

Section 171

Substitute “qualified adult or qualified child” for “adult or child dependant”.

20.

Section 172

In subsection (2), substitute “a qualified adult or qualified child” for “his adult or child dependant”.

21.

Section 174

In subsection (1), substitute “a qualified adult or any qualified children” for “his adult or child dependants”.

22.

Section 177

In subsection 2(b), substitute “qualified child” for “child dependant” in each place where it occurs.

23.

Section 178

(a) In subsection (1)(b), substitute “qualified child” for “child dependant”. (b) Delete subsection (2).

(a) In subsection (1)(b), substitute “qualified child” for “child dependant”.

(b) Delete subsection (2).

24.

Section 186

Repeal the section.

25.

Section 187

Delete subsections (1) to (7), (9) and (10).

26.

Section 188

Repeal the section.

27.

Section 191B (inserted by section 13 of the Act of 1996)

In subsections (1)(b) and (4), substitute “substantially restricted” for “substantially handicapped” in each place where it occurs.

28.

Section 197 (as amended by section 7 of the Act of 1998)

In paragraph (i) of the definition of “weekly family income” substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)” for “Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 (S.I. No. 260 of 1972)) of the Income Tax (Employments) Regulations, 1960 (S.I. No. 28 of 1960),”.

29.

Section 205 (as amended by section 21 of the Act of 1998)

In subsection (2)(d), delete “, sickness allowance”.

30.

Section 209

In subsections (1)(a) and (2)(a) (both as amended by section 14 of the Act of 2000), delete “pay-related benefit,” in each place where it occurs.

31.

Section 210 (as amended by section 5 of the Act of 2004)

In subsection (1), in the definition of “benefit”, substitute the following for paragraph (b): “(b) unemployment benefit,”.

In subsection (1), in the definition of “benefit”, substitute the following for paragraph (b)

“(b) unemployment benefit,”.

32.

Section 214

(a) In subsection (5)(b), substitute “€13,000” for “£10,000”. (b) In subsection (6)— (i) substitute “€1,500” for “£1,000”, and (ii) substitute “€13,000” for “£10,000”.

(a) In subsection (5)(b), substitute “€13,000” for “£10,000”.

(b) In subsection (6)—

(i) substitute “€1,500” for “£1,000”, and

(ii) substitute “€13,000” for “£10,000”.

33.

Section 218

(a) In subsection (1)(a)— (i) substitute “€1,500” for “£1,000”, and (ii) substitute “6 months” for “12 months”. (b) In subsection (1)(b), substitute “€13,000” for “£10,000”.

(a) In subsection (1)(a)—

(i) substitute “€1,500” for “£1,000”, and

(ii) substitute “6 months” for “12 months”.

(b) In subsection (1)(b), substitute “€13,000” for “£10,000”.

34.

Section 221 (as amended by section 22 of the Social Welfare Act 1998)

In subsection (2), substitute “€2,000” for “£1,500”.

35.

Section 223 (as amended by section 15 of this Act)

In subsection (1), substitute the following for the definition of “specified body”: “ ‘specified body’ shall be read in accordance with the Ninth Schedule;”.

In subsection (1), substitute the following for the definition of “specified body”

“ ‘specified body’ shall be read in accordance with the Ninth Schedule;”.

36.

Section 237 (as amended by section 17 of the Act of 1997)

In subsection (1)— (a) substitute “Civil Liability (Amendment) Act 1964” for “Civil Liability Act, 1964”, and (b) delete “(including any amount payable therewith by way of pay-related benefit)”.

In subsection (1)—

(a) substitute “Civil Liability (Amendment) Act 1964” for “Civil Liability Act, 1964”, and

(b) delete “(including any amount payable therewith by way of pay-related benefit)”.

37.

Section 254

In subsection (3), substitute “the Minister may specify” for “he may specify”.

38.

Section 259

In subsection (3), substitute “€1,500” for “£1,000”.

39.

Section 276

In subsection (11)(e), substitute “€150” for “£100”.

40.

Section 279A (inserted by section 31 of the Act of 1997)

Insert “or Part 2 of the Criminal Justice (Theft and Fraud Offences) Act 2001” after “section 32 of the Larceny Act 1916”.

41.

Section 294

In subsection (1), substitute “competent authority” for “competent attachment of authority”.

42.

Section 296

Substitute “€1,500” for “£1,000” in each place where it occurs.

43.

Section 299

In subsection (2)— (a) substitute “€1,500” for “£1,000”, and (b) substitute “€13,000” for “£10,000”.

In subsection (2)—

(a) substitute “€1,500” for “£1,000”, and

(b) substitute “€13,000” for “£10,000”.

44.

First Schedule

In Part III, paragraph 3(b) substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)” for “Regulations 59 and 60 of the Income Tax (Employments) Regulations, 1960 (S.I. No. 28 of 1960) (inserted by the Income Tax (Employments) Regulations, 1972 (S.I. No. 260 of 1972))”.

45.

Second Schedule

In Part I, delete the rates of benefit contained at reference 1A (inserted by Regulation 6 of the European Communities (Social Welfare) Regulations 1994 (S.I. No. 312 of 1994)).

46.

Third Schedule

(a) In Part I, in Rule 1(2)(s)(i) (amended by section 26 of the Act of 1997), delete “handicapped”. (b) In Part III— (i) in Rule 1(1)(d) (amended by section 26 of the Act of 1997), delete “handicapped”, and (ii) in Rule 1(1)(p)(i)(I) (inserted by section 26 of the Act of 2000), substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)” for “Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 (S.I. No. 260 of 1972)) of the Income Tax (Employments) Regulations, 1960 (S.I. No. 28 of 1960)”.

(a) In Part I, in Rule 1(2)(s)(i) (amended by section 26 of the Act of 1997), delete “handicapped”.

(b) In Part III—

(i) in Rule 1(1)(d) (amended by section 26 of the Act of 1997), delete “handicapped”, and

(ii) in Rule 1(1)(p)(i)(I) (inserted by section 26 of the Act of 2000), substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)” for “Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 (S.I. No. 260 of 1972)) of the Income Tax (Employments) Regulations, 1960 (S.I. No. 28 of 1960)”.

47.

Seventh and Eighth Schedules (inserted by Regulation 7 of the European Communities (Social Welfare) Regulations 1994 (S.I. No. 312 of 1994))

Repeal the Schedules.

ISB Act 2005-03-14

Schedule 5 Social Welfare and Pensions Act 2005 Open official source

SCHEDULE 5 “Ninth Schedule-Specified Bodies

SCHEDULE 5

“Ninth Schedule-Specified Bodies

Section 26.

1.—Each of the following shall be a specified body for the purposes of this Schedule and sections 223 to 223H

(1) a Minister of the Government,

the Commission for Public Service Appointments,

the Public Appointments Service,

the Revenue Commissioners;

(2) a local authority (for the purposes of the Local Government Act 2001);

(3) the Health Service Executive;

(4) a body established by the Minister for Education and Science under section 54 of the Education Act 1998,

An Foras Áiseanna Saothair,

An Post,

An tArd-ChlÁraitheoir,

an tÚdarÁs um Ard-Oideachas,

Coillte Teoranta,

Enterprise Ireland,

National Educational Welfare Board,

the Central Applications Office,

the Central Statistics Office,

the Companies Registration Office,

the Garda Síochána and the Defence Forces in respect of their own members,

the General Medical Services (Payments) Board,

the Legal Aid Board,

the Mental Health Commission,

the National Breast Screening Board,

the National Cancer Registry Board,

the Pensions Board,

the Personal Injuries Assessment Board,

the Private Residential Tenancies Board;

(5) the following Voluntary Hospitals

Beaumont Hospital, Dublin,

Cappagh National Orthopaedic Hospital, Dublin,

Coombe Women's Hospital, Dublin,

Dublin Dental Hospital,

Hume Street Hospital, Dublin,

Incorporated Orthopaedic Hospital of Ireland, Clontarf, Dublin,

Leopardstown Park Hospital,

Mater Misericordiae University Hospital, Dublin,

Mercy Hospital, Cork,

National Maternity Hospital, Dublin,

National Rehabilitation Hospital, Dun Laoghaire,

Our Lady's Hospice,

Our Lady's Hospital for Sick Children, Crumlin, Dublin,

Portiuncula Hospital, Ballinasloe, Co. Galway,

Rotunda Hospital, Dublin,

Royal Victoria Eye and Ear Hospital, Dublin,

South Infirmary/Victoria Hospital, Cork,

St. James's Hospital,

St. John's Hospital, Limerick,

St. Luke's Hospital, Dublin,

St. Mary's Hospital and Residential School, Baldoyle, Dublin,

St. Michael's Hospital, Dun Laoghaire,

St. Vincent's University Hospital, Elm Park, Dublin,

St. Vincent's Hospital, Fairview,

The Adelaide and Meath Hospital, Dublin incorporating the National Children's Hospital,

The Children's Hospital, Temple Street, Dublin,

The Royal Hospital, Donnybrook,

University Dental School and Hospital.

2.—Each of the following shall be a specified body for the purposes of this Schedule and section 223D

a person who provides, organises or procures a programme of education or training,

a recognised school or centre for education (within the meaning of section 2 of the Education Act 1998),

a vocational education committee (within the meaning of section 7 of the Vocational Education Act 1930),

a university to which the Universities Acts 1997 and 1999 apply,

an educational institution to which the Regional Technical Colleges Acts 1992 to 2001 apply,

the Dublin Institute of Technology,

the Further Education and Training Awards Council,

the Higher Education and Training Awards Council,

the National Qualifications Authority of Ireland.

3.—The Minister may by regulations amend paragraph 1 or 2 by adding a specified body to, deleting a specified body from, or amending a reference to a specified body in, those paragraphs.”.

Social Welfare and Pensions Act 2005

Statutory Text (5 Articles)

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