Print Adopted 7 December 1993
(Excerpts)
PART I GENERAL
Definitions.
2. In these Regulations;
"the Act of 1990" means the Social Welfare Act, 1990 (No. 5 of 1990);
"activity" means participation by a person;
( a ) aged 21 years or over in a course of education approved by the Minister as being at second level or aged 23 years or over in a course of education approved by the Minister as being at third level, at a centre approved by the Minister in consultation with the Minister for Education leading to a certificate recognised by the Minister for Education, or
( b ) in a course of education, training or development approved by a company, known as an Area Partnership, in consultation with the Minister, or
( c ) aged 21 years or over in such other course of education as the Minister may from time to time approve;
"allowance" means, save where the context otherwise requires, lone parent's allowance, deserted wife's allowance, prisoner's wife's allowance or carer's allowance under Part III, as the case may be;
"beneficiary" means a person entitled to assistance, pension or allowance under Part III, as the case may be;
"carer" means a carer as defined in section 163;
"claimant" means a person who has made a claim for assistance, pension or allowance under Part III, as the case may be;
"continuous period of unemployment" shall be construed in accordance with subsection (3) of section 120;
"court" means a court to which either the Courts of Justice Acts, 1924 to 1961, or the Courts (Supplemental Provisions) Acts, 1961 to 1991 applies; "local office" means an office of the Department of Social Welfare or other place appointed by the Minister as a local office for the purpose of the Principal Act;
"nursing home" has the meaning assigned in section 2 of the Health (Nursing Homes) Act, 1990 (No. 23 of 1990);
"prescribed relative allowance" has the meaning assigned to it by section 163;
"the Principal Act" means the Social Welfare (Consolidation) Act, 1993;
"prison" or "place of detention" means a place to which either the Prisons Acts, 1826 to 1977, or the Criminal Justice Act, 1960 (No. 27 of 1960) applies or, in relation to another State, any analogous place in which a person is detained by order of a responsible authority in that State;
"relevant pensioner" has the meaning assigned to it by section 163;
"responsible authority" means any court, Commission or Tribunal properly constituted according to the laws of a State in which a person has been committed to a prison or to a place of detention.
PART III WIDOW'S (NON-CONTRIBUTORY) PENSION, LONE PARENT'S, DESERTED WIFE'S, AND PRISONER'S WIFE'S ALLOWANCES.
Circumstance in which a person is to be regarded as being a separated being spouse.
16. (1) A person is to be regarded for the purposes of Chapter 9 of Part III as being a separated spouse if;
( a ) he and their children; (i) are not being maintained by his spouse, or (ii) are being maintained by his spouse, but at a rate per week which is less than the rate of lone parent's allowance as set out at reference 5 in Part I of the Fourth Schedule appropriate to his family size, and
( b ) he and his spouse have lived apart from one another for a continuous period of at least three months immediately preceding the date of his claim for a lone parent's allowance and continue to so live apart, and
( c ) he makes and continues to make appropriate efforts in the particular circumstances to obtain maintenance from his spouse for himself and their children.
(2) In this article; "spouse";
( a ) in relation to a man who has been married more than once refers to his last wife only, and
( b ) in relation to a woman who has been married more than once refers to her last husband only.
Prisoner's spouse.
18. (1) A person is to be regarded for the purposes of Chapter 9 of Part III as being a prisoner's spouse if he is the spouse of a person who;
( a ) is in a prison or place of detention, and
( b ) has for a period of not less than 6 months immediately preceding the date of claim been in custody by order of a court or a responsible authority, or is committed in custody by a court or a responsible authority for a period of not less than 6 months.
(2) For the purposes of sub-article (1) a certificate from a responsible authority shall be accepted as evidence of the duration of a period of custody.
Residence in an institution.
20. (1) A qualified child who is resident in an institution shall be regarded as normally residing with a lone parent where that parent contributes towards the cost of the child's maintenance in the institution and with whom the child would, under article 19, be regarded as normally residing if the child were not resident in an institution.
(2) A qualified child may, in such circumstances as the Minister considers appropriate, be regarded as normally residing with a lone parent who is resident in an institution.
(3) In this article "institution" means;
( a ) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto,
( b ) any other similar establishment providing residence, maintenance or care for the persons therein, or
( c ) any prison, place of detention or other establishment to which articles 23 and 24 apply.
Definition of desertion.
21. A woman is to be regarded for the purposes of section 153 as having been deserted by her husband if;
( a ) her husband has of his own volition left her, or his conduct has resulted in her leaving him with just cause, and
( b ) she;
(i) is not being maintained by her husband, or
(ii) is being maintained by her husband, but at a rate per week which is less than the rate of deserted wife's allowance as set out at reference 4 in Part I of the Fourth Schedule,
( c ) she and her husband have lived apart from one another for a continuous period of at least three months immediately preceding the date of her claim for deserted wife's allowance and continue to so live apart, and
( d ) she makes and continues to make appropriate efforts, in the particular circumstances, to obtain maintenance from her husband.
Definition of prisoner.
22. (1) A man who is in a prison or place of detention shall be regarded as a prisoner for the purposes of Chapter 8 of Part III if he has for a period of not less than 6 months immediately preceding the date of claim been in custody by order of a court or a responsible authority, or is committed in custody by a court or a responsible authority for a period of not less than 6 months.
(2) For the purposes of sub-article (1) a certificate from a responsible authority shall be accepted as evidence of the duration of a period of custody.
Exception from disqualification during penal servitude, imprisonment or detention in legal custody.
23. (1) Section 211(10) shall not operate so as to disqualify a person undergoing a period of penal servitude, imprisonment or detention in legal custody for receiving an allowance or widow's (non-contributory) pension if;
( a ) the detention is in respect of him being charged with a criminal offence, and
(i) the charge is subsequently withdrawn, or
(ii) he is acquitted of the offence, or
( b ) in a case of imprisonment, the imprisonment is undergone as the alternative to payment of a fine.
(2) Notwithstanding that a person, by reason of undergoing a period of penal servitude, imprisonment or detention in legal custody is disqualified by virtue of section 211 (10) for receiving lone parent's allowance or for receiving an increase of lone parent's allowance, the increase of the said allowance shall be paid to any person appointed by the Minister to receive and deal with any sums payable on account of such increase of lone parent's allowance for the benefit of the child in respect of whom the increase in the said allowance is payable, and the receipt of any person so appointed shall be a good discharge to the Minister for any sum so paid.
Suspension of payment during penal servitude, imprisonment or detention in legal custody.
24. (1) Subject to sub-article (2) of article 23 and sub-article (2), the payment of any allowance or widow's (non-contributory) pension, which is excepted from the operation of section 211 (10) by virtue of the provisions of article 22 (1), shall be suspended while the person is undergoing penal servitude, imprisonment or detention in legal custody.
(2) An allowance or widow's (non-contributory) pension to which the sub-article (1) applies may nevertheless be paid during any such period to any person appointed by the Minister to receive and deal with any sums payable on behalf of the beneficiary.
(3) Where by virtue of sub-article (1) payment of an allowance or widow's (non-contributory) pension is suspended for any period, the period of suspension shall not be taken into account in calculating any period for the purposes of article 15 of the Social Welfare (Claims and Payments) Regulations, 1993 (S.I. No. 189 of 1993).
Continuity.
25. (1) Where, immediately before the commencement of Part III of the Act of 1990, a person is in receipt of a specified payment, a lone parent's allowance shall be payable to that person from the day or days so appointed at the same rate as the specified payment which is payable to him immediately before the day or days so appointed.
(2) Any decision made by a deciding officer or by an appeals officer in relation to the award of a specified payment to a person prior to the commencement of Part III of the Act of 1990 shall be treated as if it were a decision to award a lone parent's allowance to such person on and from such appointed day or days.
(3) Where, immediately before the commencement of Part III of the Act of 1990, a person has applied for, but has not been awarded, a specified payment, such application shall from the day or days so appointed be treated for all purposes as if it was an application for a lone parent's allowance.
(4) In this article; "specified payment" means;
( a ) a widow's (non-contributory) pension which includes an increase for a qualified child or qualified children,
( b ) a deserted wife's allowance which includes an increase for a qualified child or qualified children,
( c ) a prisoner's wife's allowance which includes an increase for a qualified child or qualified children,
( d ) a social assistance allowance,
( e ) a widower's (non-contributory) pension, or
( f ) a deserted husband's allowance; "commencement of Part III of the Act of 1990" means;
( a ) the 29th day of November, 1990 in the case of deserted wife's allowance, pensioner's wife's allowance, social assistance allowance, deserted husband's allowance and lone parent's allowance, other than the lone parent's allowance payable in respect of a widow or widower, and
( b ) the 30th day of November, 1990 in the case of widow's (non-contributory) pension, widower's (non-contributory) pension and lone parent's allowance payable in respect of a widow or widower.
EXPLANATORY NOTE.
These Regulations, which are made under the Social Welfare (Consolidation) Act, 1993, consolidate the regulatory provisions relating to all social assistance schemes other than Supplementary Welfare Allowance. Part I provides for the definitions necessary for the purposes of the Regulations.
It revokes the existing regulatory provisions consolidated in these Regulations and provides that the Regulations will come into force on 10 December, 1993. Part II deals with Unemployment Assistance and Pre-Retirement Allowance. It includes provisions dealing with;
the prescribed manner for proving unemployment, ;
the earnings disregard applied in the assessment of means for unemployment assistance, and ;
the prescribed age and periods of retirement specified for the purposes of the Pre-Retirement Allowance scheme.
Part III deals with Widow's (Non-Contributory) Pension, Lone Parent's, Deserted Wife's and Prisoner's Wife's Allowances. It sets out the circumstances in which a person is to be regarded as a separated spouse or an unmarried person for the purposes of the Lone Parent's Allowance Scheme. It also provides for the circumstance in which a woman will be regarded as deserted for the purposes of the Deserted Wife's Allowance scheme.
Part IV contains provisions relating to Carer's Allowance and provides for the circumstances in which a career is to be regarded as providing full-time care and attention to a relevant pensioner. Part V sets out the sale of residence provisions which apply in the case of Old Age and Widow's (Non-Contributory) Pensions, and Deserted Wife's, Prisoner's Wife's and Lone Parent's Allowance schemes. Under these provisions, up to £75,000 of the proceeds derived from the sale of a pensioner's principal is exempted from the assessment of means.
Source: Irish Statute Book Database