Social Welfare Consolidation Act 2005

Regulations in relation to payment of qualified adult increase in certain cases.

[1995 s15(1); 1997 s28(4) & Sch F]

297

297.—(1) Subject to subsection (2), regulations may provide for entitling to an increase of benefit or assistance (other than supplementary welfare allowance), as the case may be, payable in respect of a qualified adult, a claimant or beneficiary who would be entitled to an increase but for the fact that his or her spouse F1618[, civil partner or cohabitant] has income in excess of a prescribed amount.

[1995 s15(1)]

(2) Regulations for the purposes of subsection (1) shall provide that the increase payable by virtue of those regulations shall be payable at a rate less than the appropriate rate specified in Schedule 2 or 4, as the case may be, and the rate specified by the regulations may vary by reference to the amount by which the income of the spouse F1618[, civil partner or cohabitant] exceeds the amount prescribed for the purposes of subsection (1).

[1995 s15(1); 2000 s20(1)]

(3) In this section “benefit” means benefit under Part 2.

Annotations

Amendments:

F1618

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:

E1916

Power pursuant to subs. (1) exercised (31.12.2025 to 6.01.2026) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Change in Rates) Regulations 2025 (S.I. No. 677 of 2025), art. 3 paras. (a) to (h), and schs. 1 to 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1, 2, 2A, 3, 3A, 4, 5, 6, 6A, 7, 8, 8A, 8B and 9—in effect as per art. 2.

E1917

Power pursuant to subs. (1) exercised (1.01.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (State Pension (Contributory) – Calculation of Pension in Accordance with Section 109(6D)) Regulations 2024 (S.I. No. 592 of 2024), art. 4(d), 4(e), 4(f) and 4(g)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 62C(1) and inserted art. 62E, sch. 2B and sch. 3B—in effect as per art. 3.

E1918

Power pursuant to section exercised (30.01.2024 subject to the provisos in paras. (b) and (c) of the definition thereby substituted) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Income Disregard) Regulations 2024 (S.I. No. 37 of 2024), art. 2(1), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 3.

E1919

Power pursuant to subs. (1) exercised (1.01.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (State Pension (Contributory) – Calculation of Pension in accordance with section 109(6D)) Regulations 2024 (S.I. No. 592 of 2024), art. 4(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 10—in effect as per art. 3.

E1920

Power pursuant to subs. (1) exercised (1.11.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Jobseekers Benefit (Self-Employed)) Regulations 2019 (S.I. No. 551 of 2019), art. 12 and sch. item no. 1—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 9—in effect as per art. 2.

E1921

Power pursuant to subs. (1) exercised (12.02.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (State Pension (Contributory)) Regulations 2019 (S.I. No. 40 of 2019), art. 3(c), which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 62C.

E1922

Power pursuant to subs. (1) exercised (1.01.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Reduced Rates) Regulations 2012 (S.I. No. 573 of 2012), art. 7(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 10—in effect as per art. 3.

E1923

Power pursuant to subs. (1) 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. 4, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 9 to 11.

E1924

Previous affecting provision: power pursuant to subs. (1) exercised (25.12.2024 to 6.01.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 20) (Change in Rates) Regulations 2024 (S.I. No. 747 of 2024), art. 3 paras. (a) to (h), and schs. 1 to 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1, 2, 2A, 3, 3A, 4, 5, 6, 6A, 7, 8, 8A, 8B and 9—in effect as per art. 2; substituted (31.12.2025 to 6.01.2026) as per E-Note above.

E1925

Previous affecting provision: power pursuant to subs. (1) exercised (27.12.2023 to 5.01.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Change in Rates) Regulations 2023 (S.I. No. 684 of 2023), art. 3 paras. (a) to (h), and schs. 1 to 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1, 2, 2A, 3, 3A, 4, 5, 6, 6A, 7, 8, 8A, 8B and 9—in effect as per art. 2; substituted (25.12.2024 to 6.01.2025) as per E-Note above.

E1926

Previous affecting provision: power pursuant to subs. (1) exercised (28.12.2022 to 6.01.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 16) (Change in Rates) Regulations 2022 (S.I. No. 718 of 2022), art. 3 paras. (a) to (h), and schs. 1 to 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1, 2, 2A, 3, 3A, 4, 5, 6, 6A, 7, 8, 8A, 8B and 9—in effect as per art. 2; substituted (27.12.2023 to 5.01.2024) as per E-Note above.

E1927

Previous affecting provision: power pursuant to subs. (1) exercised (29.12.2021 to 7.01.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 19) (Change in Rates) Regulations 2021 (S.I. No. 780 of 2021), art. 5 paras. (a) to (h), and schs. 1 to 8, and schs. 1 to 4—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1, 2, 2A, 3, 3A, 4, 5, 6, 6A, 7, 8, 8A, 8B and 9—in effect as per art. 3 paras. (b) to (g); substituted (28.12.2022 to 6.01.2023) as per E-Note above.

E1928

Previous affecting provision: power pursuant to subs. (1) exercised (1.11.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Jobseekers Benefit (Self-Employed)) Regulations 2019 (S.I. No. 551 of 2019), art. 12 and sch. item nos. 16 to 20—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1, 5, 6, 6A, and 7—in effect as per art. 2; substituted (29.12.2021 to 7.01.2022) as per E-Note above.

E1929

Previous affecting provision: power pursuant to subs. (1) exercised (20.03.2019 to 29.03.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Change in Rates) Regulations 2019 (S.I. No. 102 of 2019), art. 3 paras. (a) to (h), and schs. 1 to 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1, 2, 2A, 3, 3A, 4, 5, 6, 6A, 7, 8, 8A, 8B and 9—in effect as per art. 2; substituted (29.12.2021 to 7.01.2022) as per E-Note above.

E1930

Previous affecting provision: power pursuant to subs. (1) exercised (21.03.2018 to 29.03.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Change in Rates) Regulations 2018 (S.I. No. 102 of 2018), art. 4 paras. (a) to (h), and schs. 1 to 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1, 2, 2A, 3, 3A, 4, 5, 6, 6A, 7, 8, 8A, 8B and 9—in effect as per art. 3; substituted (20.03.2019 to 29.03.2019) as per E-Note above.

E1931

Previous affecting provision: power pursuant to subs. (1) exercised (8.03.2017 to 16.03.2017) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2017 (S.I. No. 64 of 2017), art. 4 paras. (a) to (h), and schs. 1 to 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1, 2, 2A, 3, 3A, 4, 5, 6, 6A, 7, 8, 8A, 8B and 9—in effect as per art. 3; substituted (21.03.2018 to 29.03.2018) as per E-Note above.

E1932

Previous affecting provision: power pursuant to subs. (1) exercised (7.01.2016 to 8.01.2016) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Change in Rates) Regulations 2015 (S.I. No. 598 of 2015), art. 3 paras. (a) to (f), and schs. 1 to 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1, 2, 2A, 3, 3A, 4, 8, 8A, 8B and 9—in effect as per art. 2; substituted (8.03.2017 to 16.03.2017) as per E-Note above.

E1933

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Reduced Rates) Regulations 2012 (S.I. No. 573 of 2012), arts. 7(d) and 7(e)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 2 and 3—in effect as per art. 3; substituted (7.01.2016 to 8.01.2016) as per E-Note above.

E1934

Previous affecting provision: power pursuant to subs. (1) exercised (1.09.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Reduced Rates) Regulations 2012 (S.I. No. 321 of 2012), arts. 4, 12 and schs. 1 to 5—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 10, substituted schs. 2, 3, 8, 9 and 10 and inserted schs. 2A, 3A, 8A and 8B—in effect as per art. 3; art. 4 amended and sch. 10 substituted (1.01.2013) as per E-Note above; schs. 2, 2A, 3, 3A, 8, 8A, 8B and 9 substituted (7.01.2016 to 8.01.2016) as per E-Note above.

E1935

Previous affecting provision: power pursuant to subs. (1) 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), arts. 18(a) and 18(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 2 and 3; substituted (1.09.2012) as per E-Note above.

E1936

Previous affecting provision: power pursuant to subs. (1) exercised (29.12.2010 to 7.01.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2010 (S.I. No. 681 of 2010), arts. 6(a), 6(b), 6(c), 7 and schs. 1, 2, 3, 5, 6, 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs 1, 4, 5, 6, 6A and 7—in effect as per art. 2; schs 1 and 4 substituted (7.01.2016 to 8.01.2016) as per E-Note above; schs 5, 6, 6A and 7 substituted (7.01.2016 to 8.01.2016) as per E-Note above.

E1937

Previous affecting provision: power pursuant to subs. (1) exercised (30.12.2009 to 8.01.2010) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Increase Change in Rates) Regulations 2009 (S.I. No. 584 of 2009), arts. 6(a), 6(b), 6(c), 7, and schs. 1, 2, 3, 5, 6 and 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1, 4, 5, 6, 6A and 7—in effect as per art. 2; substituted (29.12.2010 to 7.01.2011) as per E-Note above.

E1938

Previous affecting provision: power pursuant to subs. (1) exercised (24.12.2008 to 2.01.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Increase in Rates) Regulations 2008 (S.I. No. 601 of 2008), arts. 6(a) to 6(d), 7(c) to 7(h), and schs. 1, 2, 3, 4, 5, 6, 7, 9, 10 and 11—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1 to 9—in effect as per art. 2; schs. 1, 4, 5, 6 and 7 substituted (30.12.2009 to 8.01.2010) as per E-Note above; schs. 2, 3, 8, 9 and 10 substituted (1.09.2012) as per E-Note above.

E1939

Previous affecting provision: power pursuant to subs. (1) exercised (18.12.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Graduated Rates) Regulations 2008 (S.I. No. 604 of 2008), art. 4 and sch. 1, which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 6A; substituted (30.12.2009 to 8.01.2010) as per E-Note above.

E1940

Previous affecting provision: power pursuant to subs. (1) exercised (26.12.2007 to 4.01.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Increase in Rates) Regulations 2007 (S.I. No. 862 of 2007), arts. 7(a) to 7(c), 8(c) to 8(h), and schs. 1, 2, 3, 4, 5, 6, 9, 10 and 11—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 1 to 9—in effect as per art. 2; substituted (24.12.2008 to 2.01.2009) as per E-Note above.

E1941

Previous affecting provision: power pursuant to subs. (1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 9 to 11 and schs. 1 to 9, in effect as per art. 2; schs. 1 to 9 substituted (26.12.2007 to 4.01.2008) as per E-Note above; arts. 9 to 11 substituted (21.11.2011) as per E-Note above.

E1942

Previous affecting provision: power pursuant to subs. (1) exercised (27.12.2006 to 5.01.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), arts. 8(a) to 8(c), 9(c) to 9(h), and schs. 1, 2, 3, 4, 5, 6, 12, 13 and 14—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), schs. 1, 2, 3, 4, 5, 6, 12, 13 and 14—in effect as per art. 2; 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.

E1943

Previous affecting provision: power pursuant to subs. (1) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), arts. 6(a), 6(b), 6(c), 25(a), 25(b), 25(d), schs. 1, 2, 3, 4, 5, 6, 12, 13 and 14—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 6C, 6D and 6E; deleted schs. B, BA, C, CA, CB, CC, D, P, PA, PB, PC, PD, Q; and inserted schs. 1, 2, 3, 4, 5, 6, 12, 13 and 14—in effect as per art. 2; schs. 1, 2, 3, 4, 5, 6, 12, 13 and 14 substituted (27.12.2006 to 5.01.2007) as per E-Note above; arts. 6C, 6D and 6E 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.

E1944

Previous affecting provision: power pursuant to subs. (1) exercised (3.05.2006 to 29.09.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Increase in Rates) Regulations 2005 (S.I. No. 219 of 2006), art. 9 and schs. 1 to 9—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), schs. CA, CB, CC, P, PA, PB, PC, PD, Q—in effect as per art. 2; deleted and replaced (1.11.2006) as per E-Note above.

E1945

Previous affecting provision: power pursuant to subs. (1) exercised (28.12.2005 to 6.01.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Increase in Rates) Regulations 2005 (S.I. No. 880 of 2005), arts. 6(a) to 6(d), 7(c) to 7(k), and schs. 1 to 7, 17 to 22—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), schs. B, BA, C, CA, CB, CC, D, P, PA, PB, PC, PD, Q—in effect as per art. 2; schs. CA, CB, CC, P, PA, PB, PC, PD, Q substituted (3.05.2006 to 29.09.2006) as per E-Note above; schs B and , BA deleted and replaced (1.11.2006) as per E-Note above.

E1946

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (29.12.2004 to 7.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004 (S.I. No. 850 of 2004), arts. 6(a) to 6(d), 7(c) to 7(j), and schs. 1 to 7, 17 to 22—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), schs. B, BA, C, CA, CB, CC, D, P, PA, PB, PC, PD, Q—in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (28.12.2005 to 6.01.2006) as per E-Note above.

E1947

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (26.11.1997 to 5.12.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. II) (Increase for Qualified Adult) Regulations 1997 (S.I. No. 492 of 1997), arts. 4(a) and 4(d)—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 6C—in effect as per art. 2; further exercised (6.04.2000 and 7.04.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase for Qualified Adult) Regulations 2000 (S.I. No. 81 of 2000), arts. 4(b) and 4(d)—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 6D and 6E—in effect as per arts. 2(d) and (e); 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

• arts. 6C and 6D amended (28.03.2001 to 06.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations 2001 (S.I. No. 99 of 2001), art. 5(ab), in effect as per art. 2.

• art. 6D amended (5.05.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Increase for Qualified Adult) Regulations 2000 (S.I. No. 124 of 2000), art. 3, in effect as per art. 2.

• art. 6C amended (26.05.1999 to 4.06.1999) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) Regulations 1999 (S.I. No. 164 of 1999), art. 7(a), in effect as per art. 2.