S.I. No 700 of 2007.


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S.I. 700 of 2007

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (NO. 5) (ASSESSMENT OF EARNINGS) REGULATIONS 2007

EXPLANATORY NOTE

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

These regulations provide for the amendment of the provisions governing the means test for the purposes of Jobseeker's Allowance, Pre-Retirement Allowance, Disability Allowance and Farm Assist and the provisions governing the payment of a partial rate Carer's Allowance to carers who are qualified adults.

The regulations remove the current provision whereby a recipient of Jobseeker's Allowance, Pre-Retirement Allowance, Farm Assist and Disability Allowance, shall only be regarded as wholly or maintaining his or her spouse where the spouse's weekly income does not exceed €100 per week. These regulations also provide for the retention, in certain circumstances, of the current provisions of these schemes in relation to wholly or mainly maintaining a spouse.

The regulations introduce an earnings disregard of €20 per day where a recipient of Jobseeker's Allowance or Farm Assist engages in insurable employment and is also in receipt of an increase in relation to a qualified child. The current disregard of €12.70 per day where a recipient of these schemes is engaged in insurable employment and is not in receipt of an increase in respect of a qualified child is increased to €20 per week

These regulations also provide for the disregard of superannuation contributions, social insurance contributions, health contributions and trade union contributions from the assessment of weekly earnings from employment or selfemployment of a rehabilitative nature for the purposes of Disability Allowance.

In the case of Jobseeker's Allowance, Pre-Retirement Allowance, Farm Assist and Disability Allowance, Social Welfare legislation currently provides for the disregard of €100 per week, where the spouse works in insurable employment for more than 3 days in the week and of €50 per week, where the spouse works 3 days or less in the week. Earnings in excess of these amounts, as appropriate, are assessed in full.

These regulations provide for the introduction of an earnings disregard of €20 per day, subject to a maximum of €60 per week, where the spouse of a recipient of Jobseeker's Allowance, Pre-Retirement Allowance, Farm Assist and Disability Allowance engages in insurable employment. 60 per cent of earnings in excess of the amount disregarded are assessed.

These regulations also provide for the retention of the current assessment provisions in relation to the insurable earnings of a spouse subject to certain conditions.

These regulations allow for carers in receipt of a payment under section 186A of the Principal Act to satisfy the definition of qualified adult and ensure that a payment received under section 186A is disregarded in calculating the income limit for qualified adults.

The regulation also provides for a technical amendment to the Principal Regulations.

The regulations provide for the revocation of Article 221 as the provisions of that article have been subsumed into Section 247 of the Principal Act.

 


Last modified:25/09/2008
 

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