S.I. No. 369/1986:

SOCIAL WELFARE (ADULT DEPENDANT) REGULATIONS, 1986.

SOCIAL WELFARE (ADULT DEPENDANT) REGULATIONS, 1986.

The Minister for Social Welfare in exercise of the powers conferred on her by section 2 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) (as amended by section 3 of the Social Welfare (No. 2) Act, 1985 (No. 14 of 1985)) and section 3 of the said Act of 1981 hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Adult Dependant) Regulations, 1986.

2. These Regulations shall come into operation--

(a) on the 17th day of November, 1986 for the purpose of payment of disability benefit, maternity allowance and injury benefit

(b) on the 19th day of November, 1986 for the purpose of payment of unemployment assistance

(c) on the 20th day of November, 1986 for the purpose of payment of retirement pension, invalidity pension and unemployment benefit

(d) on the 21st day of November, 1986 for the purpose of payment of old age (contributory) pension, old age pension, blind pension and disablement benefit.

3. In these Regulations:

"the Act" means the Social Welfare (Consolidation) Act, 1981

"the Act of 1985" means the Social Welfare (No. 2) Act, 1985 ,

The following persons are hereby specified, subject to section 199 of the Act of 1981 to be adult dependants for the purpose of that Act

(1) A spouse who is in employment or is self-employed and whose weekly income calculated or estimated in accordance with article 5 of these Regulations does not exceed £50

(2) A spouse who--

(a) is not in employment or self-employed, or

(b) being in employment or self-employed has a weekly income calculated or estimated in accordance with article 5 of these Regulations which does not exceed £50

and who has an entitlement to or is in receipt of disablement benefit under section 43 of the Act, death benefit under section 52 of the Act, orphans (contributory) allowance, orphans (non-contributory) pension and to no other pension, benefit, assistance or allowance (other than supplementary welfare allowance) under Parts II or III of the Act or disabled persons maintenance allowance under section 69 of the Health Act, 1970 (No. 1 of 1970).

5. (1) For the purpose of article 4 of these Regulations weekly income shall, subject to sub-article (2), be calculated or estimated.

(a) insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of all such earnings received in the previous two months where such earnings are received at monthly intervals or in the previous period of six weeks where such earnings are received at weekly or fortnightly intervals,

(b) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the period of the last complete income tax year by fifty-two,

(c) insofar as it consists of income from any other source, by reference to the normal weekly amount of such income,

(d) any sums received by way of disablement benefit under section 43 of the Act, death benefit under section 52 of the Act, child benefit, orphans (contributory) allowance, orphans (non-contributory) pension under the Act or allowances for domiciliary care of handicapped children under the Health Act 1970 (No. 1 of 1970) shall be disregarded.

(2) Where in any case, a deciding officer or appeals officer considers that the periods mentioned in sub-article (1) would not be appropriate to determine the amount of weekly income, he may for the purposes of this article have regard to such other period or periods which appear to him to be appropriate for that purpose.

GIVEN under the Official Seal of the Minister for Social Welfare

this 14th day of November, 1986.

GEMMA HUSSEY,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 14th day of

November, 1986.

JOHN BRUTON,

Minister for Finance.

EXPLANATORY NOTE.

The definition of an adult dependant is set out in section 3 of the Social Welfare (No. 2) Act, 1985 . Under this section of the Act, persons who are in employment or in receipt of any social welfare payment, other than supplementary welfare allowance, are precluded from qualifying as adult dependants.

These regulations provide that:--

(i) persons in employment or self-emmployment with earnings of less than £50 per week are to be regarded as adult dependants;

(ii) persons who are in receipt of any of the following social welfare payments may qualify as adult dependants:

(a) disablement benefit;

(b) orphans (contributory) pension;

(c) orphans (non-contributory) allowance;

(d) death benefit (orphans) payable under the occupational injuries benefit scheme.

The regulations also specify how earnings of persons in employment or self-employment are calculated.