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3 1999

SOCIAL WELFARE ACT, 1999

PART IV

Farm Assist

Farm assist.

15. —Part III of the Principal Act is hereby amended by the insertion after Chapter 13 (inserted by section 15 of the Act of 1997) of the following Chapter:

“CHAPTER 14

Farm Assist

Interpretation.

191L.—(1) In this Chapter and in the Third Schedule—

‘farming’ means farming farm land including commonage, which—

(a) is owned, and used for the purposes of husbandry,

(b) is leased, and used for the purposes of husbandry, or

(c) does not form part of a larger holding and is used for the purpose of husbandry,

by the claimant;

‘farmer’ means a person engaged in farming;

‘husbandry’ means the working of the land with the object of extracting the traditional produce of the land;

‘weekly means’ means the yearly means divided by 52:

Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.

(2) For the purpose of this Chapter, means shall be calculated in accordance with the Rules contained in Part IV of the Third Schedule.

Entitlement to allowance.

191M.—(1) Subject to this Act and to regulation made thereunder, an allowance (in this Act referred to as ‘farm assist’) shall be payable to a farmer if—

(a) he or she has attained the age of 18 years and is under pensionable age, and

(b) his or her weekly means, subject to subsection (2), do not exceed the amount of farm assist (including any increases thereof) that would be payable to the farmer under this Chapter if he or she had no means.

(2) Where the spouse of a claimant for farm assist is not the claimant's qulified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 245A, the means of the claimant shall be taken to be one-half the means.

Rate of allowance (including increases for qualified adult and children).

191N.—(1) Subject to this Chapter, the rate (in this Chapter referred to as ‘the scheduled rate’) of farm assist shall be the weekly rate set out in column (2) at reference 11 in Part I of the Fourth Schedule, increased by—

(a) the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that, except where regulations otherwise provide, the claimant or beneficiary shall not be entitled for the same period to an increase of the allowance under this subparagraph in respect of more than one person, and

(b) the appropriate rate set out in column (4) of that Part opposite that reference in respect of each qulified child who normally resides with the claimant or beneficiary.

(2) Farm assist shall be payable—

(a) where the weekly means of the claimant or beneficiary are less than £1, at the scheduled rate,

(b) where such weekly means are equal to £1, at the scheduled rate reduced by £1, and

(c) where such weekly means exceed £1, at the scheduled rate, reduced by £1 for each amount (if any) of £1 by which those weekly means exceed £1:

Provided that, if the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no farm assist shall be payable.

Amount of payment in respect of qualified child in certain cases.

191O.—Any increase of farm assist payable pursuant to section 191N in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary is not a qualified adult, and section 191N shall be construed and have effect accordingly.

Total amount payable to a couple

191P.—(1) Subject to subsection (3), where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age (non-contributory) pension, retirement pension or invalidity pension and the other is entitled to farm assist, the total of the amount payable to them by way of such benefit or pension and such farm assist (in this subsection referred to as ‘the relevant amount’) shall not exceed the total amount of benefit or pension, as the case may be, (including any increases thereof, where appropriate), or the total amount of farm assist (including any increases thereof, where appropriate), whichever is the greater (in this subsection referred to as ‘the greater amount’) that would be payable if only one of the couple were in receipt of benefit, pension or farm assist, as the case may be, and if the relevant amount would but for this subsection exceed the greater amount, the amount of farm assist payable to the spouse who is entitled to such farm assist shall be reduced by the amount of the excess.

(2) Subject to subsection (3), where one of a couple is entitled to unemployment assistance, pre-retirement allowance, disability allowance or farm assist and the other is entitled to farm assist, the total amount payable to them pursuant to this Act shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance, pre-retirement allowance, disability allowance or farm assist, as the case may be, (including any increases thereof, where appropriate), and each of them shall be entitled to be paid one-half of the amount which would be payable to him or her if only one of the couple were in receipt of the assistance or allowance.

(3) In the case of a farmer who, immediately prior to the payment of farm assist was in receipt of unemployment assistance or pre-retirement allowance or disability allowance and to whom the provisions of sections 122 (1) or (4) or 191E applied, section 32 (2) of the Social Welfare Act, 1999, shall apply as if the farmer continued to receive unemployment assistance or pre-retirement allowance or disability allowance, as the case may be.

(4) In this section ‘couple’ means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.

Disqualifications.

191Q.—(1) A farmer shall be disqualified for receiving farm assist while he or she is—

(a) employed during any week under a scheme administered by An Foras áiseanna Saothair and known as Community Employment,

(b) participating in a scheme administered by the Minister and known as Back-To-Work Allowance,

(c) participating in a scheme administered by the Minister and known as Part-Time-Job Incentive, or

(d) participating in a scheme administered by the Minister and known as Area-Enterprise Allowance.

(2) A farmer shall not be entitled to receive farm assist while attending a course of study, other than in such circumstances and subject to such conditions and for such periods as may be prescribed.

(3) In subsection (2) and (4) ‘academic year’, ‘a course of study’ and ‘institution of education’ have the same meaning as in section 126(2).

(4) In this section, a farmer shall be regarded, subject to regulations made under subsection (2), as attending a course of study—

(a) for the period of 3 months immediately following the completion or the leaving by that person of second level education or the completion of the Leaving Certificate Examination of the Department of Education and Science (whichever is the later),

(b) for the duration of an academic year, or

(c) for the period immediately following the completion of one academic year, other than the final academic year of a course of study, up to the commencement of the following academic year.”.

Amendment to Third Schedule of the Principal Act.

16. —The Third Schedule to the Principal Act is hereby amended by the insertion after Part III of the following Part:

“PART IV

Section 191M.

Farm Assist

1. In calculating the means of a farmer for the purposes of Chapter 14 of Part III, account shall be taken of the following—

(1) the gross income received by the farmer or his or her spouse from:

(a) farming (other than the use of a domestic dwelling, or farm building owned and occupied, furniture and personal effects), and

(b) any other form of self-employment less—

(i) any expenses necessarily incurred in carrying on farming or other form of self-employment, and

(ii) where the farmer has a qualified child, who normally resides with him or her, an amount of—

(I) £100 per annum in respect of each of the first two qualified children, and

(II) £200 per annum in respect of each subsequent qualified child,

calculated at the rate of 80 per cent.;

(2) the yearly value ascertained in the prescribed manner of all property belonging to him or her or to his or her spouse (not being a farm of land owned or leased either by him or her or by his or her spouse) which is invested or is other wise put to profitable use or which, though capable of investment or profitable use is not invested or put to profitable use by the farmer or his or her spouse;

(3) all other income which the farmer or his or her spouse may reasonably expect to receive during the succeeding year in cash, whether as contributions to the expenses of the household or otherwise, but excluding—

(a) any moneys received by way of benefit, pension, assistance, allowance, supplement or continued payment for qualified children under Part II, III, IV, V or VA or by way of a payment corresponding to child benefit under Part IV, from another Member State,

(b) any income arising from a bonus under a scheme administered by the Minister for Arts, Heritage, Gaeltacht and the Islands for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht (as defined in such scheme) of children attending primary schools,

(c) in the case of qualified applicant under a scheme administered by the Minister for Arts, Heritage, Gaeltacht and the Island and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident,

(d) an amount of an allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, or a combination of such allowances and such pensions so far as such amount does not exceed £80 per year,

(e) any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them,

(f) 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,

(g) 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 and Children for the purpose of the provision of such training),

(h) any moneys, except so far as they exceed £104 per year, received by a farmer or by his or her spouse in respect of work as an outworker under a scheme that is, in the opinion of the Minister, charitable in character and purpose,

(i) where the farmer or his or her spouse is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived therefrom as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,

(j) payments by a health board in respect of a child who is boarded out,

(k) subject to paragraph (5), all moneys earned by the farmer or his or her spouse in respect of current personal employment under a contract of service,

(l) 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 and Science under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992,

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

(n) an amount of £1,000 per annum from the harvesting of seaweed,

(o) subject to paragraph (5), any moneys earned by the farmer or his or her spouse from insurable employment of a seasonal nature,

(p) payments by a health board in respect of the provision of accommodation for a child under section 5 of the Child Care Act, 1991 ,

(q) all income received under the following schemes:

(i) the Rural Environment Protection scheme administered by the Minister for Agriculture and Food, and

(ii) the Special Areas of Conservation Scheme administered by the Minister for Arts, Heritage, Gaeltacht and the Islands,

except in so far as such income exceeds the sum of—

(I) £2,000, plus

(II) one-half of any amount in excess of £2,000 received under those schemes, plus

(III) any expenses necessarily incurred in participating in those schemes,

(r) such other income received by a farmer or his or her spouse as may be prescribed;

(4) all income and the yearly value ascertained in the prescribed manner of all property of which the farmer or his or her spouse have directly or indirectly deprived themselves in order to qualify for the receipt of farm assist, but where such income or the yearly value of the property so ascertained has reduced since the date of calculation, the calculation may be revised, subject to such conditions and in such circumstances as may be prescribed:

Provided that any such regulation shall not cause the income or yearly value of the property taken to be part of the means to be increased;

(5) in the case of a farmer or his or her spouse engaged in current personal or seasonal employment, the value, ascertained in the prescribed manner, of any moneys derived from the said employment and the value so calculated shall be deemed to constitute the weekly means of that person from such employment.

2. In Rule 1(3), the income of a person shall, in the absence of other means of ascertaining it, be taken to be the income actully received during the year immediately preceding the date of calculation.

3. In this Schedule ‘spouse’ means—

(a) each person of a married couple who are living together, or

(b) a man and woman who are not married to each other but are cohabiting together as husband and wife.

4. The Minister may by regulations vary the provisions of Rule 1.”.

Amendments consequential on section 15 .

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

(a) the insertion in Part I of the Fourth Schedule (inserted by section 5 of this Act) after the rate of assistance contained at reference 10 of the following rates:

“11. Farm Assist | 73.50 | 43.20 | 13.20 | — | — | —”,

and

(b) the insertion after section 138 of the following section:

“138A.—In the case of a person who was in receipt of farm assist under Chapter 14 of Part III immediately prior to becoming entitled to old age (non-contributory) pension, the weekly rate of pension payable shall be either—

(a) the rate payable in accordance with sections 136, 137 and 138, or

(b) an amount equal to the rate of farm assist which was payable in accordance with sections 191N and 191O immediately prior to becoming entitled to old age (non-contributory) pension,

whichever is the greater amount.”.

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

Commencement (Part IV).

18. —This Part shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.