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26 2005

Social Welfare Consolidation Act 2005

Chapter 7

One-Parent Family Payment

Interpretation.

[1996 s17(1)]

172. —(1) In this Chapter—

“qualified parent” means, subject to regulations under section 177

(a) a widow,

(b) a widower,

(c) a separated spouse,

(d) an unmarried person, or

(e) a person whose spouse has been committed in custody to a prison or place of detention for not less than 6 months,

who has at least one qualified child normally residing with that person;

[2000 s17(2) & Sch E; 2005 (SW&P) s25 & Sch 3]

“weekly means” means, subject to Rule 1(1) and (4) of Part 3 of Schedule 3, the yearly means divided by 52.

[1996 s17(1); 2005 (SW&P) s25 & Sch 3]

(2) For the purposes of this Chapter—

(a) means shall be calculated in accordance with the Rules contained in Part 3 of Schedule 3,

(b) a widow who has remarried shall not be regarded as the widow of her former husband and a widower who has remarried shall not be regarded as the widower of his former wife, and

[1996 s20(1)]

(c) a reference to a qualified parent shall include a reference to a person who would otherwise be a qualified parent but for the fact that the person's marriage has been dissolved, being a dissolution that is recognised as valid in the State.

Entitlement to payment.

[1996 s17(1)]

173. —(1) Subject to this Act and to regulations made under this Act, a payment shall be payable to a qualified parent (“one-parent family payment”).

[1996 s17(1)]

(2) A one-parent family payment payable to a qualified parent shall, subject to this Act, continue to be payable unless the qualified parent marries or remarries, and in such a case the one-parent family payment shall cease as and from the date of marriage or remarriage.

[1996 s17(1); 1999 s31(a)]

(3) Subject to this Act, a one-parent family payment shall not be payable to a qualified parent whose gross weekly earnings (including wages and profit from any form of self-employment) exceed €293.

[1996 s17(1); 2001 s21(1)]

(4) Regulations may, subject to the conditions and in the circumstances and for the periods that may be prescribed, entitle to one-parent family payment a qualified parent who, having been in receipt of that payment for 52 consecutive weeks, ceases to be entitled to that payment by virtue of having earnings in excess of the amount specified in subsection (3).

[1996 s17(1)]

(5) Regulations under subsection (4) shall provide that one-parent family payment payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 4 and the rate specified by the regulations may vary with the extent to which the person's earnings exceed the amount specified in subsection (3).

[2004 (MP) s17(1) & Sch 1]

(6) A one-parent family payment shall not be payable to a qualified parent under this Chapter unless the qualified parent is habitually resident in the State at the date of the making of the application for that payment.

Rate of allowance and increases for qualified children.

[1996 s17(1)]

174. —(1) The rate (in this section referred to as “the scheduled rate”) of one-parent family payment shall be the weekly rate set out in column (2) of Part 1 of Schedule 4 increased by the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the beneficiary.

[1996 s17(1); 2001 s37(1)]

(2) (a) A one-parent family payment shall be payable—

(i) where the weekly means of the claimant or beneficiary do not exceed €7.60, at the scheduled rate, and

(ii) subject to paragraph (b), where the weekly means exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.

(b) Where the rate calculated under paragraph (a)(ii) at which, but for this paragraph, the one-parent family payment would be payable is less than €2.50, the payment shall not be payable.

[1996 s17(1)]

(3) The weekly rate of one-parent family payment shall be increased by the amount set out in column (7) of Part 1 of Schedule 4 where the beneficiary has attained the age of 80 years.

[2001 s15(1)(k)]

(4) The weekly rate of one-parent family payment shall be increased by the amount set out in column (8) of Part 1 of Schedule 4 where the beneficiary has attained pensionable age and is ordinarily resident on an island.

Disqualification.

[1996 s17(1)]

175. —A qualified parent shall not, if and so long as that parent and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of one-parent family payment.

Continuation of payment.

[1996 s17(1)]

176. —In the case of a qualified parent to whom payment under section 172 (1)(e) applies, one-parent family payment shall continue to be paid for 4 weeks after the release of that parent's spouse from a prison or place of detention.

Regulations.

[1996 s17(1)]

177. —The Minister shall make regulations in relation to one-parent family payment and the regulations may, in particular and without prejudice to the generality of the foregoing, specify the circumstances in which, for the purposes of this Chapter—

(a) a person is to be regarded as being a separated spouse,

(b) a person is to be regarded as being an unmarried person.

Transitional provisions — relevant payments.

[1996 s18]

178. —(1) In this section—

Act of 1993” means the Social Welfare (Consolidation) Act 1993 ;

Act of 1996” means the Social Welfare Act 1996 ;

“relevant payment” means—

(a) deserted wife's benefit under Chapter 18 of Part II of the Act of 1993,

(b) deserted wife's allowance under Chapter 7 of Part III of the Act of 1993, or

(c) prisoner's wife's allowance under Chapter 8 of Part III of the Act of 1993,

as the case may require.

[1996 s18]

(2) Notwithstanding the provisions of Part V (relating to one-parent family payment) of the Act of 1996, a woman who, immediately before the commencement of section 19 of that Act, is in receipt of a relevant payment, the said relevant payment shall be payable for the duration of the woman's continuous entitlement to the relevant payment in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.

[1996 s18]

(3) Where, immediately before the commencement of section 19 (relating to repeals) of the Act of 1996, a woman whose claim for a relevant payment has not been finally determined, and who would, but for the commencement of the said section, have become entitled to the said relevant payment, the relevant payment shall be payable for the duration of the woman's continuous entitlement to the relevant payment in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.

[1996 s18; 1999 s23]

(4) Notwithstanding the provisions of Part V of the Act of 1996, where a woman has ceased or ceases to be entitled to benefit under Chapter 18 of Part II of the Act of 1993 by virtue of no longer having at least one qualified child residing with her, she shall, on reaching the age of 40 years, where but for the said Part V she would be entitled to the said benefit, again become and continue to be entitled to the said benefit, for the duration of her continuous entitlement thereto, in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.

[1999 s23]

(5) In the case of a person to whom subsection (2), (3) or (4) applies and who is disqualified for receipt of a relevant payment by virtue of section 249 (1)(a) or (14), where but for that disqualification she would be entitled to the said relevant payment, she shall again become entitled to the said relevant payment at the expiration of the disqualification in any case where the period of disqualification does not exceed 12 months.

[2000 s24]

(6) Notwithstanding the provisions of Part V of the Act of 1996, in the case of a woman who—

(a) was in receipt of deserted wife's allowance under Chapter 5 of Part III of the Social Welfare (Consolidation) Act 1981 and transferred from that scheme to the lone parent's allowance scheme under Chapter 5A (inserted by section 12 of the Social Welfare Act 1990 ) of Part III of the said Act following the commencement of that Chapter in 1990, and

(b) ceases or has ceased to be entitled to one-parent family payment under Chapter 9 of Part III of the Act of 1993 by virtue of no longer having at least one qualified child residing with her,

she shall, where but for Part V of the Act of 1996 she would be entitled to a relevant payment under subsection (1)(b), become and continue to be entitled to the said payment, for the duration of her continuous entitlement thereto, in accordance with the Act of 1993 and regulations made under the Act of 1993.