S.I. No. 184/2005 - Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005

1. An improvement in the existing method of assessing capital for the purposes of calculating a spouse's weekly income, in order to determine whether a qualified adult allowance is payable.

The new method of assessment calculates the capital value of property on a weekly basis as follows

- the first EUR 20,000 is be disregarded;

- capital between EUR 20,000 and EUR 30,000 is be assessed at EUR 1 weekly means for each EUR 1,000;

- capital between EUR 30,000 and EUR 40,000 is be assessed at EUR 2 weekly means per each EUR 1,000;

- capital above EUR 40,000 is be assessed at EUR 4 weekly means per each EUR 1,000.

2. Social Welfare legislation currently provides that a person in receipt of Carer's Benefit may engage in employment or self employment outside the home, subject to a maximum of ten hours per week and an income ceiling of EUR 150. Article 5(a) of these regulations increases the income ceiling to EUR 270 per week effective from 7 April, 2005.

3. Article 5(b) of these regulations provides for an increase in the income disregarded for the purposes of Carer's Allowance. In the case of a single person, the increase is EUR 120 per week, bringing the total amount of the disregard to EUR 270. In the case of a married person, the disregard is increased by 40 per week, to a new total of 540. These changes take effect from 7 April, 2005.

4. In addition, article 6 of the regulations provides for rounding up the disregard in respect of the sale of a principal residence to EUR 190,500.

5. Article 7 of the regulations provides for an improvement in the assessment of Benefit and Privilege (B&P) for unemployment assistance and pre retirement allowance. The assessment of B&P will now be abolished for those aged 26 years and over living in the parental home with effect from 13 April 2005.

6. Article 90 of the Principal Regulations is amended by substituting the following for sub-article (3) (inserted by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Miscellaneous Provisions Regulations 2001(

S.I. No. 132 of 2001

))

“(3) The limit prescribed for the purposes of Rule 2A of Part I and Rule 2 of Part II of the Third Schedule to the Principal Act shall be 190,500.”.

Prescribed age for the purposes of benefit and privilege.

7. Article 90C (amended by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.2 Regulations 2004 (

S.I. No. 125 of 2004

)) of the Principal Regulations is amended by substituting “26” for “27”.

GIVEN under the Official Seal of the Minister for Social and Family Affairs, this 5th day of April, 2005.

L.S.

Seamus Brennan

Minister for Social and Family Affairs

EXPLANATORY NOTE

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

These regulations provide for the following

S.I. No. 184 of 2005

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (CAPITAL ASSESSMENT AND CARERS) REGULATIONS 2005

S.I. No. 184 of 2005

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT (CAPITAL ASSESSMENT AND CARERS) REGULATIONS 2005

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 3 (as amended by

section 18

of the

Social Welfare (Miscellaneous Provisions) Act 2004

(

No. 9 of 2004

)), 4 (as amended by

section 12

of the

Social Welfare (Miscellaneous Provisions) Act 2002

(

No. 8 of 2002

)) and 82B(3 (inserted by

section 10

of the

Social Welfare Act 2000

(No.

4 of 2000)) of the

Social Welfare (Consolidation) Act 1993

(No.

27 of 1993) and Rules 1(5) (substituted by

section 8

of the

Social Welfare (Miscellaneous Provisions) Act 2003

(

No. 4 of 2003

)) and 2A (inserted by

section 13

of the

Social Welfare Act 2001

(

No. 5 of 2001

)) of Part I and Rules 1(8) (as amended by

section 11

of the

Social Welfare Act 2000

(

No. 4 of 2000

)), 2 and 4(1B (inserted by

section 12

of the

Social Welfare Act, 1999

(

No. 3 of 1999

)) of Part II of the Third Schedule to the said Act hereby makes the following Regulations

Citation and construction.

1.(1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2004 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2005.

Commencement.