S.I. 616 of 2011


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S.I. No. 616 of 2011.

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (No. 7) (QUALIFIED ADULT) REGULATIONS 2011

EXPLANATORY NOTE

In general, a recipient of a weekly social welfare payment, such as State pension (contributory) or State pension (transition), can qualify for an increase in that weekly payment in respect of a spouse, civil partner or a cohabitant (known as an increase for a qualified adult) where the recipient is wholly or mainly maintaining that person.

One of the conditions in which a spouse, civil partner or a cohabitant is regarded as being wholly or mainly maintained by a recipient is that the weekly income of that spouse, civil partner or a cohabitant must not exceed €100. In this case, the increase for a qualified adult is paid at full rate. However, where the weekly income of that spouse, civil partner or a cohabitant is between €100 and €310, the increase for a qualified adult is paid at reduced rates according to the level of that income.

The purpose of this Regulation is to ensure that in the case where a spouse, civil partner or a cohabitant of a recipient of State pension (contributory) or State pension (transition) who deliberately deprives himself or herself of any income or property in order that—

  1. an increase for a qualified adult is paid, or
  2. an increase for a qualified adult is paid at a higher rate than that which should otherwise have been paid,

then the recipient will not gain by such an action. In these circumstances, the amount of the income or the value of the property that the spouse, civil partner or a cohabitant has deprived himself or herself of will be taken into account in assessing the weekly income.

Last modified:05/12/2011
 

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