Social Welfare Consolidation Act 2005

F1042[Regulations.]

[1996 s17(1)]

177

F1042[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 civil partner is to be regarded as a civil partner who is not living with the other civil partner of the civil partnership,

(c) a person is to be regarded as being an unmarried person,

(d) a person is to be regarded as being a prisoner’s spouse or civil partner.]

Annotations

Amendments:

F1042

Substituted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 9(6), commenced on enactment.

Editorial Notes:

E1101

Power pursuant to paras. (a), (b) and (c) exercised (17.05.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (One-Parent Family Payment) Regulations 2023 (S.I. No. 355 of 2023), art. 2, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 124, 125, 125A and 126.

E1102

Power pursuant to section exercised (12.11.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 447 of 2012), art. 5(b), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 128.

E1103

Power pursuant to para. (d) exercised (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), art. 12(c), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 127.

E1104

Previous affecting provision: power pursuant to para. (a) exercised (30.05.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (One-Parent Family Payment) Regulations 2022 (S.I. No. 285 of 2022), art. 2, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 125; substituted (17.05.2023) as per E-Note above.

E1105

Previous affecting provision: power pursuant to para. (c) exercised (12.11.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 447 of 2012), art. 5(a), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 126; substituted (17.05.2023) as per E-Note above.

E1106

Previous affecting provision: power pursuant to para. (b) exercised (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), art. 12(a), which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 125A; substituted (17.05.2023) as per E-Note above.

E1107

Previous affecting provision: power pursuant to para. (c) exercised (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), art. 12(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 126; substituted (12.11.2012) as per E-Note above.

E1108

Previous affecting provision: section amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 20(7), S.I. No. 673 of 2010; substituted (29.06.2011) as per F-Note above.

E1109

Previous affecting provision: power pursuant to para. (a) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 125, in effect as per art. 2; substituted (30.05.2022) as per E-Note above.

E1110

Previous affecting provision: power pursuant to para. (c) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 126, in effect as per art. 2; substituted (30.05.2022) as per E-Note above.

E1111

Power pursuant to para. (d) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 127, in effect as per art. 2; substituted (21.11.2011) as per E-Note above.

E1112

Previous affecting provision: power pursuant to section exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 128, in effect as per art. 2; substituted (12.11.2012) as per E-Note above.

E1113

Previous affecting provision: power pursuant to statutory precursor of section exercised (2.01.1997 to 3.01.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (One-Parent Family Payment) Regulations 1996 (S.I. No. 426 of 1996), art. 6—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 79 to art. 83B—in effect as per art. 3; amended as per Table below; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

Table

• amended (3.01.2002 to 4.01.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Euro) Regulations 2001 (S.I. No. 614 of 2001), art. 4 and sch., in effect as per arts. 3(e) and 3(f).

• amended (5.04.2001 to 6.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Miscellaneous Provisions) Regulations 2001 (S.I. No. 103 of 2001), art. 6, in effect as per arts. 2(e) and 2(f).

• amended (4.05.1999) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Miscellaneous Provisions) Regulations 1999 (S.I. No. 139 of 1999), art. 3(b).

• amended (2.01.1997 to 3.01.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (One-Parent Family Payment) Regulations 1996 (S.I. No. 426 of 1996), art. 10, in effect as per art. 3.