Social Welfare Consolidation Act 2005

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

[1998 s18]

150

150.—(1) Subject to this section and section 144, the rate of pre-retirement allowance (in this Chapter referred to as “the scheduled rate”) shall be the weekly rate set out in column (2) of Part 1 of Schedule 4 increased by—

(a) the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled to an increase under this paragraph in respect of more than one person, and

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

[1998 s18; 2001 s37 & Sch F]

(2) (a) Subject to paragraph (b), pre-retirement allowance shall be payable where the weekly means of the claimant or beneficiary—

(i) are less than €1, at the scheduled rate,

(ii) are equal to €1, at the scheduled rate reduced by €1, and

(iii) exceed €1, at the scheduled rate reduced by €1 for each amount (if any) of €1 by which those weekly means exceed €1.

(b) Where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no pre-retirement allowance shall be payable.

[1998 s18]

F931[(3) Any increase of pre-retirement allowance payable under subsection (1)(b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse F932[, civil partner or cohabitant] of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse F932[, civil partner or cohabitant] of the claimant or beneficiary

(a) is not a qualified adult, or

(b) is a spouse F932[, civil partner or cohabitant] referred to in section 149(4),

and subsection (1)(b) shall be read and have effect accordingly.]

Annotations

Amendments:

F931

Substituted (26.09.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 9(e)(ii), S.I. No. 702 of 2007.

F932

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.

Editorial Notes:

E1051

Previous affecting provision: subs. (1)(a) amended by Social Welfare and Pensions Act 2007 (8/2007), s. 9(e)(i), not commenced; repealed (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(a), commenced on enactment.

E1052

Previous affecting provision: subs. (1)(a) 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.