Social Welfare Consolidation Act 2005
Increases (including increases for qualified adult and qualified children).
[1993 s91(1); 1997 s28(4) & Sch F]
117.—(1) The weekly rate of F743[State pension (transition)] shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.
F744[(1A) The amount of the increase of pension referred to in subsection (1), in respect of any claim for State pension (transition) made after 24 September 2007, shall be paid—
(a) directly to the qualified adult concerned, or
(b) to such other person as may be nominated by the qualified adult for the purpose of receiving the increase of pension referred to in subsection (1) on behalf of the qualified adult.
(1B) Where a beneficiary ceases to be entitled to State pension (transition) the payment to a qualified adult of the increase of pension referred to in subsection (1) shall also cease.]
[1993 s91(2); 1994 s32 & Sch F]
(2) The weekly rate of F743[State pension (transition)] shall be increased by the amount set out in column (4) of Part 1 of Schedule 2 in respect of each qualified child who normally resides with the beneficiary.
[1993 s91(3); 1997 s28(4) & Sch F)]
(3) F745[Subject to subsections (3A) and (3B), any increase of] F743[State pension (transition)] payable under subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse F746[, civil partner or cohabitant] of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse F746[, civil partner or cohabitant] of the beneficiary is not a qualified adult, and subsection (2) shall be read and have effect accordingly.
F747[(3A) Subsection (3) shall not apply and no increase of State pension (transition) payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.
(3B) Subsection (3A) shall not apply in the case of any claim for State pension (transition) which is made before 5 July 2012.]
[1993 s91(4); 1994 s32 & Sch F]
(4) The weekly rate of retirement pension shall be increased by the amount set out in column (6) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is living alone.
[1993 s91(5); 1994 s32 & Sch F]
(5) The weekly rate of retirement pension shall be increased by the amount set out in column (7) of Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years.
[2001 s15(1)(f)]
(6) The weekly rate of retirement pension shall be increased by the amount set out in column (8) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is ordinarily resident on an island.
Annotations
Amendments:
F743
Substituted (28.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 3, S.I. No. 334 of 2006.
F744
Inserted (1.11.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 14(c), S.I. No. 749 of 2007.
F745
Substituted (5.07.2012) by Social Welfare Act 2011 (37/2011), s. 4(2)(c)(i), commenced as per subs. (3)(a).
F746
Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010.
F747
Inserted (5.07.2012) by Social Welfare Act 2011 (37/2011), s. 4(2)(c)(ii), commenced as per subs. (3)(a).
Modifications (not altering text):
C46
Term “retirement pension” in subs. (4) to (6) construed (28.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(6), S.I. No. 334 of 2006 in circumstances where those subsections were not the subject of specific amendment by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 3.
Renaming of certain social welfare schemes.
4.— ...
(6) Every reference in any Act or in any instrument made under any Act to retirement pension shall be read as a reference to State pension (transition).
Editorial Notes:
E894
Power pursuant to subs. (3A) exercised (on various dates betweeen 2.07.2012 and 6.07.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Qualified Child Increase) Regulations 2012 (S.I. No. 218 of 2012), art. 4—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 12—in effect as per art. 3.
E895
Previous affecting provision: subs. (1) amended by Social Welfare Consolidation Act 2005 (26/2005), s. 364 and sch. 6 para. 2, not commenced; repealed (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 21(a), commenced on enactment.
