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4 1994

SOCIAL WELFARE ACT, 1994

PART V

Amendments to Existing Schemes

Lone parent's allowance (calculation of means).

15. —(1) Paragraph (4) of Rule 1 of Part II of the Third Schedule to the Principal Act is hereby amended by the substitution for subparagraph (j) of the following subparagraphs:

“(j) in the case of a person who is not a blind person or a lone parent, and who has a qualified child who normally resides with him, his earnings (including wages and profit from any form of self-employment), except and insofar as the annual amount of such earnings is calculated to exceed £104 for each such child of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,

(jj) in the case of a lone parent, such amount, as may be prescribed, of his earnings (including wages and profit from any form of self-employment), together with one-half of the amount of his earnings, if any, in excess of the amount so prescribed,”.

(2) In the case of a person who is in receipt of a lone parent's allowance on the 20th day of July, 1994, the provisions of this section shall not have the effect of reducing the rate of lone parent's allowance payable below that payable on the said date.

(3) This section shall come into operation on the 21st day of July, 1994.

Carer's allowance (rate of allowance and calculation of means).

16. —(1) Section 165 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) A carer's allowance shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

(b) such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the carer's allowance would be payable is less than £2, the allowance shall not be payable.”.

(2) Rule 4 of Part II of the Third Schedule to the Principal Act is hereby amended by—

(a) the insertion after paragraph (1) of the following paragraph:

“(1A) In the case of carer's allowance, in calculating the means of the other member of the couple for the purposes of paragraph (1), such amount, as may be prescribed, of his earnings (including wages and profit from any form of self-employment) shall be disregarded.”, and

(b) the substitution in paragraph (2) of “In this Rule” for “In paragraph (1)”.

(3) This section shall come into operation on the 28th day of July, 1994.

Maternity benefit.

17. —(1) The Principal Act is hereby amended by—

(a) the insertion in section 39 (1) after paragraph (a) of the following paragraph:

“(aa) the amount of disability benefit, including any increases thereof, which the woman would otherwise receive if she was entitled to the said benefit, or”, and

(b) the substitution in paragraph (a) of section 41 (1) of “24 weeks” for “28 weeks”.

(2) This section shall come into operation on the 25th day of July, 1994.

Amendment of Third Schedule to Principal Act (rules as to calculation of means).

18. —(1) Paragraph (2) of Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by—

(a) the insertion after “or V” in subparagraph (b) of “or by way of a payment corresponding to child benefit under Part IV, from another Member State,”,

(b) the substitution for subparagraph (g) of the following subparagraph:

“(g) such amount, as may be prescribed, of income from employment by a health board or by a person approved by a health board, as a home help,”, and

(c) the insertion after subparagraph (m) of the following subparagraphs:

“(n) in such cases as may be prescribed, any moneys received by way of a maintenance grant under a scheme administered by the Minister for Education under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992,

(o) any moneys received by way of a mobility allowance payable under section 61 of the Health Act, 1970 ,

(p) such income, as may be prescribed, arising from such activities as may be prescribed;”.

(2) Paragraph (4) of Rule 1 of Part II of the Third Schedule to the Principal Act is hereby amended by—

(a) the insertion after “or V” in subparagraph (b) of “or by way of a payment, corresponding to child benefit under Part IV, from another Member State,”,

(b) the substitution for subparagraph (l) of the following subparagraph:

“(l) such amount, as may be prescribed, of income from employment by a health board or by a person approved by a health board, as a home help,”, and

(c) the insertion after subparagraph (m) of the following subparagraphs:

“(n) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

(o) in the case of lone parent's allowance, any moneys received by way of a maintenance grant under a scheme administered by the Minister for Education under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992,

(p) such income, as may be prescribed, arising from such activities as may be prescribed;”.

(3) Paragraph (1) of Rule 1 of Part III of the Third Schedule to the Principal Act is hereby amended by—

(a) the insertion after “Part IV” in subparagraph (a) of “or a payment corresponding to the said benefit from another Member State,”, and

(b) the substitution for subparagraph (g) of the following subparagraphs:

“(g) such amount, as may be prescribed, of income from employment by a health board or by a person approved by a health board, as a home help,

(h) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

(i) any moneys received by way of a mobility allowance payable under section 61 of the Health Act, 1970 ,

(j) such income, as may be prescribed, arising from such activities as may be prescribed;”.

Unemployment benefit (entitlement to benefit).

19. —(1) Section 42 of the Principal Act is hereby amended by—

(a) the substitution for paragraph (d) of subsection (1) of the following paragraph:

“(d) other than in the case of a person engaged in casual employment, he has sustained a substantial loss of employment in any period of six consecutive days.”,

(b) the insertion after subsection (1) of the following subsection:

“(1A) The circumstances in which a person is to be regarded, for the purposes of subsection (1), as being engaged in casual employment shall be specified in regulations.”, and

(c) the insertion after subsection (4) of the following subsection:

“(4A) Notwithstanding subsection (4) (c), where in respect of any day of unemployment (referred to in this subsection as ‘the relevant day of unemployment’) which forms part of a period of interruption of employment a person has not, before the relevant day of unemployment, been entitled to unemployment benefit in respect of a day of unemployment within the period of two years prior to the relevant day of unemployment, that day shall be treated as the first day of unemployment in a separate period of interruption of employment.”.

(2) This section shall come into operation on such day as the Minister may appoint by order.

Occupational injuries benefits (integration of injury benefit and unemployability supplement with disability benefit).

20. —(1) Section 48 (1) of the Principal Act is hereby amended by—

(a) the insertion after the definition of “occupational accident” of the following definition:

“‘period of injury’ means, in relation to any accident, the period of 156 days (Sundays being disregarded) beginning with the day following the accident, or the part of that period for which, under section 54(2), disablement benefit in respect of the accident is not available to the insured person;”, and

(b) the deletion of the definitions of “injury benefit period” and “unemployability supplement”.

(2) The Principal Act is hereby amended by the substitution for section 53 of the following section:

“Disability benefit.

53.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after the 1st day of May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall, notwithstanding the contribution conditions contained in section 32 of Chapter 7 of Part II, be entitled to disability benefit in respect of any day on which, as a result of the injury, he is incapable of work during a period of injury:

Provided that an insured person shall not be entitled to disability benefit in respect of the first 3 such days.

(2) For the purposes of this section, a day shall not be treated in relation to an insured person as a day of incapacity for work if, in respect of that day, the insured person is being paid by his employer in respect of holiday leave.

(3) A person under the age of 16 years shall not be entitled to disability benefit under subsection (1) except in so far as may be provided for by regulations.”.

(3) Section 56 of the Principal Act is hereby amended by—

(a) the substitution for subsection (1) of the following subsection:

“(1) Subject to this Act, a person in receipt of a disablement pension shall, notwithstanding the contribution conditions contained in section 32 of Chapter 7 of Part II, be entitled to disability benefit if, as a result of the relevant loss of faculty, the beneficiary is incapable of work and is likely to remain permanently so incapable.”, and

(b) the substitution for subsection (3) of the following subsection:

“(3) Disability benefit payable by virtue of this section shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time.”.

(4) Section 35 of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsection:

“(1A) Disability benefit paid by virtue of sections 53 and 56 shall be disregarded for the purposes of section 35 in determining whether a person has been entitled to disability benefit for 312 days.”.

(5) Where, immediately before the commencement of this section, a person is in receipt of injury benefit by virtue of section 53 of the Principal Act, or unemployability supplement by virtue of section 56 of that Act, disability benefit payable by virtue of section 53 or 56 of the said Act (as the case may be) shall be payable to that person on the commencement at the same rate as the said injury benefit or unemployability supplement (as the case may be, including in the case of unemployability supplement any increases in disablement pension in respect of an adult dependant or qualified child) which is payable to him immediately before the commencement.

(6) Any decision made by a deciding officer or by an appeals officer in relation to the award of—

(a) injury benefit, or

(b) unemployability supplement,

to a person before the commencement of this section shall be deemed to be a decision to award disability benefit payable by virtue of section 53 or 56 of the Principal Act (as the case may be) to such person on and from the commencement.

(7) Each provision of the Principal Act mentioned in column (1) of Schedule E to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(8) In the Principal Act every reference to—

(a) an injury benefit period shall be construed as a reference to a period of injury,

(b) injury benefit shall be construed as a reference to disability benefit payable by virtue of section 53, and

(c) unemployability supplement shall be construed as a reference to disability benefit payable by virtue of section 56.

(9) Section 55 of the Principal Act is hereby repealed.

(10) This section shall come into operation on such day as the Minister may appoint by order.

Amendment of Chapter 11 of Part II of Principal Act (pay-related benefit).

21. —(1) Section 79 (1) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

“(a) is a day of unemployment which forms part of a period of interruption of employment where the first day of unemployment in that period commenced before the 21st day of July, 1994 and in respect of which the person is entitled to unemployment benefit and which is not earlier than the 19th day of unemployment in the said period of interruption of employment, or”.

(2) Section 80 of the Principal Act is hereby amended by the substitution of “£97.50” for “£80” in each place where it occurs.

(3) Subsection (2) shall come into operation on the 20th day of July, 1994.

(4) The Principal Act is hereby amended by the insertion after section 81 of the following section:

“Payment of benefit.

81A.—Notwithstanding the provisions of this Chapter, pay-related benefit shall not be payable to a person in respect of any day of unemployment or of incapacity for work on or after the 1st day of November, 1995, unless he is in receipt of the said benefit on that day in which case benefit shall continue to be payable for the duration of his continuous entitlement up to the 393rd day of unemployment or of incapacity for work.”.

Unemployment assistance (minimum payment for certain claimants).

22. —(1) Section 121 (3) of the Principal Act is hereby amended by the substitution of “£10” for “£5” in each place where it occurs.

(2) This section shall come into operation on the 20th day of July, 1994.

Amendment of section 170 of Principal Act (definition of child dependant).

23. —Section 170 of the Principal Act is hereby amended by the substitution for the definition of “child dependant” of the following definition:

“‘child dependant’ means, in relation to a beneficiary, any child, not being an adult dependant, who is dependent on that beneficiary for support and who is under the age of 18 years or is of or over the age of 18 years and is regarded as attending a course of study within the meaning of section 126 (3) (a);”.

Amendment of section 172 of Principal Act (persons in full-time education).

24. —Section 172 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) A person shall not be entitled to receive supplementary welfare allowance while attending a course of study within the meaning of section 126, other than in such circumstances and subject to such conditions as may be prescribed.”.

Amendment of section 173 of Principal Act (persons in full-time employment).

25. —Section 173 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) Subject to subsections (2) and (3), a person shall not, other than in such circumstances and subject to such conditions as may be prescribed, be entitled to supplementary welfare allowance in relation to any period during which he is engaged in remunerative full-time work.”.