S.I. No. 515 of 2013


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SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (NO. 8) (PRE-RETIREMENT ALLOWANCE) REGULATIONS 2013

EXPLANATORY NOTE

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

The Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 contained a range of amendments to the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 that were necessary to ensure compliance with the civil partnership legislation. Article 11 of the 2011 Regulations inadvertently included a provision relating to the Pre-Retirement Allowance which specified the circumstances in which a person is to be regarded as a civil partner where he or she is not living with the other civil partner of the civil partnership.

As there was no specific regulatory power to specify such circumstances, section 7 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 amended section 151 of the Social Welfare Consolidation Act 2005 so as to provide for the necessary regulatory power.

These Regulations re-enact the provisions specifying the circumstances in which a person is to be regarded as a civil partner who is not living with the other civil partner of the civil partnership for the purposes of section 149(1)(c)(iia) under the new regulatory powers contained in section 151 of the Social Welfare Consolidation Act 2005, i.e. where both civil partners in a civil partnership have lived apart from one another for a continuous period of 3 months preceding the date of the claim for Pre-Retirement Allowance and continue to so live apart.

Last modified:27/12/2013