Social Welfare Consolidation Act 2005

Increases for qualified adult and qualified children.

[1993 s34(1); 1997 s28(4) & Sch F]

43

43.—(1) The weekly rate of F361[illness benefit] 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 a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.

[1993 s34(2); 1994 s32 & Sch F]

F362[(2) The weekly rate of illness benefit shall be increased by the amount set out—

(a) in column (4) of Part 1 of Schedule 2 in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(b) in column (5) of Part 1 of Schedule 2 in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.]

[1993 s34(3); 2003 s10(1)(a)]

(3) Subject to subsection (4), any increase of F361[illness benefit] payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse F363[, 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 F363[, civil partner or cohabitant] of the beneficiary is not a qualified adult and subsection (2) shall be read and have effect accordingly.

[2003 s10(1)(a)]

(4) Subsection (3) shall not apply and no increase of F361[illness benefit] payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse F363[, civil partner or cohabitant] of a beneficiary shall be payable where the weekly income of that spouse F363[, civil partner or cohabitant], calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

Annotations

Amendments:

F361

Substituted (2.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 15, S.I. No. 334 of 2006.

F362

Substituted (25.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 1, S.I. No. 116 of 2019.

F363

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:

E283

Power pursuant to subs. (4) exercised (2.07.2012) 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(a).

E284

Previous affecting provision: power pursuant to subs. (4) 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), art. 12, in effect as per art. 2; substituted (2.07.2012) as per E-Note above.

E285

Previous affecting provision: power pursuant to subs. (4) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 12, in effect as per art. 2; substituted (21.11.2011) as per E-Note above.

E286

Previous affecting provision: power pursuant to subs. (4) exercised (1.01.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), art. 6—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 6F—in effect as per art. 2(c); 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.

E287

Previous affecting provision: subs. (2) amended (2.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 15, S.I. No. 334 of 2006; substituted (25.03.2019) as per F-Note above.

E288

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.

E289

Previous affecting provision: power pursuant to statutory precursor of subs. (4) exercised (13.01.2004) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Qualified Child Increase) Regulations 2004 (S.I. No. 9 of 2004), art. 2, which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 6F; amended (24.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Qualified Child Increase) Regulations 2004 (S.I. No. 847 of 2004), art. 3, in effect as per art. 2(b); 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.