Overlapping Payments
Index
Legislation
Concurrent payment
Payment on Account
Saver Clause
Appendix 1-Rates effective from 4 January 2008
Legislation
Section 247 of the Social Welfare Consolidation Act 2005 provides for the avoidance of multiple payments.
Concurrent Payment
Where a person is entitled to more than one of the following payments in respect of the same period, only one is payable:
- a social insurance payment (other than Bereavement Grant, Widowed Parent Grant or Funeral Grant under the Occupational Injuries Benefit scheme)
- a social assistance payment (other than Supplementary Welfare Allowance)
- Infectious Diseases Maintenance Allowance.
(Note: This does not apply in the case of Family Income Supplement (FIS), Child Benefit (CB) or Continued Child Payment (CCP)).
Also where a person is entitled to any of the above mentioned payments and an increase in any of those payments is also payable in respect of that person as an adult or child dependant for the same period, only one such payment or increase is payable.
However the Minister has made regulations setting out specific circumstances in which payment of more than one social welfare or health board payment may be paid concurrently. These regulations enable a person to receive concurrently:
- Disablement Benefit (excluding any increases) and any social assistance or social insurance payment;
- Disablement Benefit (including Constant Attendance Allowance) and any other social insurance payment;
Half Personal Rate with Certain Payments
Under the Overlapping Regulations Widow's or Widower's Pensions, Death Benefit by way of Widow's, Widower's or Parents Pension or One Parent Family Payment and half the personal rate of one of the following payments could be paid concurrently -
- illness benefit,
- injury benefit,
- maternity benefit,
- incapacity supplement or
- jobseeker's benefit.
Note: This also applies to persons who are in receipt of a relevant payment under section 18 of the 1996 Act, (i.e. Deserted Wife's Benefit or Allowance or Prisoner's Wife's Allowance).
More than half the personal rate of these short term benefits may be payable, where the rate of pension in payment is reduced due to the application of a means test or contribution test.
In any event, payment of illness benefit or incapacity supplement in these cases is limited to 390 days.
Concurrent payment of illness, injury or jobseeker's benefit, incapacity supplement or maternity benefit does not apply where the widow/ widower or single parent is also in receipt of Blind Pension).
Orphan's Payments
Orphan's payments (Guardian's payment (contributory) and Guardian's payment (non-contributory)) are not payable in respect of any child when a Foster Care Allowance is paid (under Article 14 of the Child Care (Placement of children in Foster Care) or (Placement of children with Relatives) Regulations 1995).
In cases where Foster Care Allowance is payable in respect of a child, a child dependent increase may also be paid, where appropriate.
However, where Guardian's payment (contributory) or Guardian's payment (non-contributory) is awarded, a child dependent increase is not payable.
* Blind Pensions where the recipient is under 66 or Guardian's payment (contributory) or Guardian's payment (non-contributory) is payable to a person and one of the following:
- adoptive benefit,
- death benefit by way of widow's, widower's or parent's pension,
- illness benefit
- health and safety benefit,
- injury benefit,
- one parent family payment
- maternity benefit,
- incapacity benefit,
- jobseeker's benefit,
- widow's or widower's pension.
Notes:
(i) This also applies to persons in receipt of a relevant payment under Section 18 of the 1996 Act, i.e. Deserted Wife's Benefit or Allowance or Prisoner's Wife's Allowance.
(ii) This does not apply where a person is in receipt of a blind pension and an orphan's payment at the same time.
* Family Income Supplement, for a period of up to six weeks, and illness benefit, where a person, who is working and claiming FIS, becomes ill.
(Note: FIS is not payable concurrently with Jobseeker's Benefit, State Pension (transition), Jobseeker's Assistance or Pre-Retirement Allowance or any increase thereof).
Payment on Account
Regulations also provide, that social insurance or social assistance payments and infectious diseases maintenance allowance, where it is subsequently decided that such payments were not due, may be treated as having been paid on account of any other payment to which the person becomes entitled in respect of the same period.
(Note: This does not apply in the case of FIS, CB, CCP, SWA, Bereavement Grant,Widowed Parent Grant or Death Benefit by way of grant in respect of funeral expenses).
Likewise if a person is paid an increase in respect of a qualified adult or child, and that adult or child becomes entitled to payment in his or her own right, the amount of increase paid in the same period shall be treated as paid on account.
Where a person is paid SWA in lieu of a social welfare payment and it is found that the amount of SWA paid would not have been paid if the person had been in receipt of the social welfare payment, the excess payment may be recouped from any arrears due and/or by reducing the social welfare payment.
Where a person is in receipt of Back to Work Allowance and is not entitled to or in receipt of FIS, any continued payments for qualified children are treated as paid on account of the allowance.
Also in any case where continued child payment is made no other increase in respect of those children may be made to any other person concurrently.
Death grant and death benefit by way of grant in respect of funeral expenses are not payable concurrently.
Saver Clause
The regulations with regard to overlapping benefits changed from 1 November 1991. A saver clause was introduced at that time so as to ensure nobody suffered a drop in payment. The saver clause only applied until such time as that particular claim ceased.
Appendix 1- Rates effective from 4 January 2008
Jobseeker's Benefit Payable with Survivor's Pension & Deserted Wife's Benefit from 4th January 2008
|
Maximum rate
SCP/DWB
|
JB payable where personal is
197.80
|
JB payable with reduced rate SCP/DWB
|
Maximum (JB) payable with reduced rate SCP/DWB where JB personal rate is as follows:
197.80
|
|
|
(1)
|
(2)
|
(1A)
|
(2A)
|
|
|
No of CD's
|
|
98.90
|
Rate as (2)
Plus
Difference between maximum pension/benefit as shown in column (1) and actual amount in payment (i.e. amount by which pension or benefit has been reduced.
Subject to
Limit as shown in appropriate column 2(A).
Note:
Weekly JB payments may NEVER exceed these limits.
|
|
No of CD's
|
|
NIL
|
203.30
|
197.80
|
NIL
|
|
1
|
227.30
|
221.80
|
1
|
|
2
|
251.30
|
245.80
|
2
|
|
3
|
275.30
|
269.80
|
3
|
|
4
|
299.30
|
293.80
|
4
|
|
5
|
323.30
|
317.80
|
5
|
|
6
|
347.30
|
341.80
|
6
|
|
7
|
371.30
|
365.80
|
7
|
|
8
|
395.30
|
389.80
|
8
|
|
9
|
419.30
|
413.80
|
9
|
|
10
|
443.30
|
437.80
|
10
|
|
11
|
467.30
|
461.80
|
11
|
|
12
|
491.30
|
485.80
|
12
|
No provision is made in this table for persons in receipt of increases for Children over 18 years. Such cases should be specially dealt with
Jobseeker's Benefit Payable with Survivor's Pension & Deserted Wife's Benefit From 4th January 2008
|
Maximum rate
SCP/DWB
|
JB payable where personal is
155.00
|
JB payable with reduced rate SCP/DWB
|
Maximum (JB) payable with reduced rate SCP/DWB where JB personal rate is as follows:
155.00
|
|
|
(1)
|
(2)
|
(1A)
|
(2A)
|
|
|
No of CD's
|
|
77.50
|
Rate as (2)
Plus
Difference between maximum pension/benefit as shown in column (1) and actual amount in payment (i.e. amount by which pension or benefit has been reduced.
Subject to
Limit as shown in appropriate column 2(A).
Note:
Weekly JB payments may NEVER exceed these limits.
|
|
No of CD's
|
|
NIL
|
203.30
|
155.00
|
NIL
|
|
1
|
227.30
|
179.00
|
1
|
|
2
|
251.30
|
203.00
|
2
|
|
3
|
275.30
|
227.00
|
3
|
|
4
|
299.30
|
251.00
|
4
|
|
5
|
323.30
|
275.00
|
5
|
|
6
|
347.30
|
299.00
|
6
|
|
7
|
371.30
|
323.00
|
7
|
|
8
|
295.30
|
347.00
|
8
|
|
9
|
419.30
|
371.00
|
9
|
|
10
|
443.30
|
395.00
|
10
|
|
11
|
467.30
|
419.00
|
11
|
|
12
|
491.30
|
443.00
|
12
|
No provision is made in this table for persons in receipt of increases for Children over 18 years. Such cases should be specially dealt with
Jobseeker's Benefit Payable with Survivor's Pension & Deserted Wife's Benefit From 4th January 2008
|
Maximum rate
SCP/DWB
|
JB payable where personal is
127.80
|
JB payable with reduced rate SCP/DWB
|
Maximum (JB) payable with reduced rate SCP/DWB where JB personal rate is as follows:
127.80
|
|
|
(1)
|
(2)
|
(1A)
|
(2A)
|
|
|
No of CD's
|
|
63.90
|
Rate as (2)
Plus
Difference between maximum pension/benefit as shown in column (1) and actual amount in payment (i.e. amount by which pension or benefit has been reduced.
Subject to
Limit as shown in appropriate column 2(A).
Note:
Weekly JB payments may NEVER exceed these limits.
|
|
No of CD's
|
|
NIL
|
203.30
|
127.80
|
NIL
|
|
1
|
227.30
|
151.80
|
1
|
|
2
|
251.30
|
175.80
|
2
|
|
3
|
275.30
|
199.80
|
3
|
|
4
|
299.30
|
223.80
|
4
|
|
5
|
323.30
|
247.80
|
5
|
|
6
|
347.30
|
271.80
|
6
|
|
7
|
371.30
|
295.80
|
7
|
|
8
|
395.30
|
319.80
|
8
|
|
9
|
419.30
|
343.80
|
9
|
|
10
|
443.30
|
367.80
|
10
|
|
11
|
467.30
|
391.80
|
11
|
|
12
|
491.30
|
415.80
|
12
|
No provision is made in this table for persons in receipt of increases for Children over 18 years. Such cases should be specially dealt with
Jobseeker's Benefit Payable with Survivor's Pension & Deserted Wife's Benefit From 4th January 2008
|
Maximum rate
SCP/DWB
|
JB payable where personal is
88.90
|
JB payable with reduced rate SCP/DWB
|
Maximum (JB) payable with reduced rate SCP/DWB where JB personal rate is as follows:
88.90
|
|
|
(1)
|
(2)
|
(1A)
|
(2A)
|
|
|
No of CD's
|
|
44.45
|
Rate as (2)
Plus
Difference between maximum pension/benefit as shown in column (1) and actual amount in payment (i.e. amount by which pension or benefit has been reduced.)
Subject to
Limit as shown in appropriate column 2(A).
Note:
Weekly JB payments may NEVER exceed these limits.
|
|
No of CD's
|
|
NIL
|
203.30
|
88.90
|
NIL
|
|
1
|
227.30
|
112.90
|
1
|
|
2
|
251.30
|
136.90
|
2
|
|
3
|
275.30
|
160.90
|
3
|
|
4
|
299.30
|
184.90
|
4
|
|
5
|
323.30
|
208.90
|
5
|
|
6
|
347.30
|
232.90
|
6
|
|
7
|
371.30
|
256.90
|
7
|
|
8
|
395.30
|
280.90
|
8
|
|
9
|
419.30
|
304.90
|
9
|
|
10
|
443.30
|
328.90
|
10
|
|
11
|
467.30
|
352.90
|
11
|
|
12
|
491.30
|
376.90
|
12
|
No provision is made in this table for persons in receipt of increases for Children over 18 years. Such cases should be specially dealt with
Jobseeker's Benefit Payable with Survivor's Contributory Pension & Deserted Wife's Benefit from 4 January 2008
|
Number of CDI's
|
(A)
(1) Personal Rate
|
(B)
(2) Personal Rate
|
(C)
(3) Personal Rate
|
(D)
(4)Personal Rate
|
(E)
(5)Personal Rate
|
(F)
(6)Personal Rate
|
|
|
|
|
|
|
|
|
Nil
|
203.30
|
200.40
|
197.80
|
146.20
|
96.40
|
48.80
|
|
1
|
227.30
|
224.40
|
221.80
|
170.20
|
120.40
|
72.80
|
|
2
|
251.30
|
248.40
|
245.80
|
194.20
|
144.40
|
96.80
|
|
3
|
275.30
|
272.40
|
269.80
|
218.20
|
168.40
|
120.80
|
|
4
|
299.30
|
296.40
|
293.80
|
242.20
|
192.40
|
144.80
|
|
5
|
323.30
|
320.40
|
317.80
|
266.20
|
216.40
|
168.80
|
|
6
|
347.30
|
344.40
|
341.80
|
290.20
|
240.40
|
192.80
|
|
7
|
371.30
|
368.40
|
365.80
|
314.20
|
364.40
|
216.80
|
|
8
|
395.30
|
392.40
|
389.80
|
338.20
|
288.40
|
240.80
|
|
9
|
419.30
|
416.40
|
413.80
|
362.20
|
312.40
|
264.80
|
|
10
|
443.30
|
440.40
|
437.80
|
386.20
|
336.40
|
288.80
|
|
11
|
467.30
|
464.40
|
461.80
|
410.20
|
360.40
|
312.80
|
|
12
|
491.30
|
488.40
|
485.80
|
434.20
|
384.40
|
336.80
|
|
Pension Rate
|
Max. Rate
|
Grad. Rate
|
Grad. Rate
|
Grad Rate
|
|
|
|
|
|
|
|
A Pay:
|
99.90
|
77.50
|
63.90
|
44.45
|
|
B Pay:
|
101.80
|
80.40
|
66.80
|
47.35
|
|
C Pay:
|
104.40
|
83.00
|
69.40
|
49.95
|
|
D Pay:
|
156.00
|
134.60
|
121.00
|
88.90
|
|
E Pay:
|
197.80
|
155.00
|
127.80
|
88.90
|
|
F Pay:
|
197.80
|
155.00
|
127.80
|
88.90
|
A-Rate payable with Maximum Pension (Column 1 previous table)
B-Rate payable with Reduced Pension (Column 2 previous table)
C-Rate payable with Reduced Pension (Column 3 previous table)
D-Rate payable with Reduced Pension (Column 4 previous table)
E-Rate payable with Reduced Pension (Column 5 previous table)
F-Rate payable with Reduced Pension (Column 6 previous table)
Those on Pro-Rata Survivor's Contributory Pension and Deserted Wif's Benefit will also qualify for a rate of Jobseeker's Benefit. Where an increase of pension is being paid in respect of a qualified child, no incrase in Jobseeker's Benefit is to be paid in respect of that child.
Rates of JB Payable
The rate of JB payable is half the approprite personal rate and in the case of persons on reduced pensions the rate payable is half the appropriate rate plus the difference between a maximum Survivor's Contributory Pension or Deserted Wife's Benefit. It should be noted that the amount of JB paid should never exceed the appropriate personal rate.
Jobseeker's Benefit Payable with One Parent Family Payment
Widow's Non-Contributory Pension, Deserted Wife's Allowance, Prisioner's Wife's Allowance From 4th January 2008
|
Maximum rate
One-Parent Family Payment
|
JB payable where personal is
197.80
|
JB payable with reduced rate One-Parent Family Payment
|
Maximum (JB) payable with reduced rate One-Parent Family where JB personal rate is as follows:
185.80
|
|
|
(1)
|
(2)
|
(1A)
|
(2A)
|
|
|
No of CD's
|
|
98.90
|
Rate as (2)
Plus
Difference between maximum pension/allowance or One-Parent Family as shown in column (1) and actual amount in payment (i.e. amount by which the allowance has been reduced.)
Subject to
Limit as shown in appropriate column 2(A).
Note:
Weekly JB payments may NEVER exceed these limits.
|
|
No of CD's
|
|
NIL
|
197.80
|
197.80
|
NIL
|
|
1
|
221.80
|
221.80
|
1
|
|
2
|
245.80
|
245.80
|
2
|
|
3
|
269.80
|
269.80
|
3
|
|
4
|
293.80
|
293.80
|
4
|
|
5
|
317.80
|
317.80
|
5
|
|
6
|
341.80
|
341.80
|
6
|
|
7
|
365.80
|
365.80
|
7
|
|
8
|
389.80
|
389.80
|
8
|
|
9
|
413.80
|
413.80
|
9
|
|
10
|
437.80
|
437.80
|
10
|
|
11
|
461.80
|
461.80
|
11
|
|
12
|
485.80
|
485.80
|
12
|
No provision is made in this table for persons in receipt of increases for Children over 18 years. Such cases should be specially dealt with.
Jobseeker's Benefit Payable with One Parent Family Payment
Widow's Non-Contributory Pension, Deserted Wife's Allowance, Prisioner's Wife's Allowance From 4th January 2008
|
Maximum rate
One-Parent Family Payment
|
JB payable where personal is
155.00
|
JB payable with reduced rate One-Parent Family Payment
|
Maximum (JB) payable with reduced rate One-Parent Family where JB personal rate is as follows:
145.60
|
|
|
(1)
|
(2)
|
(1A)
|
(2A)
|
|
|
No of CD's
|
|
77.50
|
Rate as (2)
Plus
Difference between maximum pension/allowance or One-Parent Family as shown in column (1) and actual amount in payment (i.e. amount by which the allowance has been reduced.)
Subject to
Limit as shown in appropriate column 2(A).
Note:
Weekly JB payments may NEVER exceed these limits.
|
|
No of CD's
|
|
NIL
|
197.80
|
155.00
|
NIL
|
|
1
|
221.80
|
179.00
|
1
|
|
2
|
245.80
|
203.00
|
2
|
|
3
|
269.80
|
227.00
|
3
|
|
4
|
293.80
|
251.00
|
4
|
|
5
|
317.80
|
275.00
|
5
|
|
6
|
341.80
|
299.00
|
6
|
|
7
|
365.80
|
323.00
|
7
|
|
8
|
389.80
|
347.00
|
8
|
|
9
|
413.80
|
371.00
|
9
|
|
10
|
437.80
|
395.00
|
10
|
|
11
|
461.80
|
419.00
|
11
|
|
12
|
485.80
|
443.00
|
12
|
No provision is made in this table for persons in receipt of increases for Children over 18 years. Such cases should be specially dealt with.
Jobseeker's Benefit Payable with One Parent Family Payment
Widow's Non-Contributory Pension, Deserted Wife's Allowance, Prisioner's Wife's Allowance From 4th January 2008
|
Maximum rate
One-Parent Family Payment
|
JB payable where personal is
127.80
|
JB payable with reduced rate One-Parent Family Payment
|
Maximum (JB) payable with reduced rate One-Parent Family where JB personal rate is as follows:
127.80
|
|
|
(1)
|
(2)
|
(1A)
|
(2A)
|
|
|
No of CD's
|
|
60.00
|
Rate as (2)
Plus
Difference between maximum pension/allowance or One-Parent Family as shown in column (1) and actual amount in payment (i.e. amount by which the allowance has been reduced.)
Subject to
Limit as shown in appropriate column 2(A).
Note:
Weekly JB payments may NEVER exceed these limits.
|
|
No of CD's
|
|
NIL
|
197.80
|
127.80
|
NIL
|
|
1
|
221.80
|
151.80
|
1
|
|
2
|
245.80
|
175.80
|
2
|
|
3
|
269.80
|
199.80
|
3
|
|
4
|
293.80
|
223.80
|
4
|
|
5
|
317.80
|
247.80
|
5
|
|
6
|
341.80
|
271.80
|
6
|
|
7
|
365.80
|
295.80
|
7
|
|
8
|
389.80
|
319.80
|
8
|
|
9
|
413.80
|
343.80
|
9
|
|
10
|
437.80
|
367.80
|
10
|
|
11
|
461.80
|
391.80
|
11
|
|
12
|
485.80
|
415.80
|
12
|
No provision is made in this table for persons in receipt of increases for Children over 18 years. Such cases should be specially dealt with.
Jobseeker's Benefit Payable with One Parent Family Payment
Widow's Non-Contributory Pension, Deserted Wife's Allowance, Prisioner's Wife's Allowance From 4th January 2007
|
Maximum rate
One-Parent Family Payment
|
JB payable where personal is
88.90
|
JB payable with reduced rate One-Parent Family Payment
|
Maximum (JB) payable with reduced rate One-Parent Family where JB personal rate is as follows:
83.50
|
|
|
(1)
|
(2)
|
(1A)
|
(2A)
|
|
|
No of CD's
|
|
44.45
|
Rate as (2)
Plus
Difference between maximum pension/allowance or One-Parent Family as shown in column (1) and actual amount in payment (i.e. amount by which the allowance has been reduced.)
Subject to
Limit as shown in appropriate column 2(A).
Note:
Weekly JB payments may NEVER exceed these limits.
|
|
No of CD's
|
|
NIL
|
197.80
|
88.90
|
NIL
|
|
1
|
221.80
|
112.90
|
1
|
|
2
|
245.80
|
136.90
|
2
|
|
3
|
269.80
|
160.90
|
3
|
|
4
|
293.80
|
184.90
|
4
|
|
5
|
317.80
|
208.90
|
5
|
|
6
|
341.80
|
232.90
|
6
|
|
7
|
365.80
|
256.90
|
7
|
|
8
|
389.80
|
280.90
|
8
|
|
9
|
413.80
|
304.90
|
9
|
|
10
|
437.80
|
328.90
|
10
|
|
11
|
461.80
|
252.90
|
11
|
|
12
|
485.80
|
376.90
|
12
|
No provision is made in this table for persons in receipt of increases for Children over 18 years. Such cases should be specially dealt with.