Social Welfare (Miscellaneous Provisions) Act 2010

8.

Incapacity supplement — amendment.

8.— (1) Section 76 (as amended by section 4 of and Schedule 1 to the Act of 2006) of the Principal Act is amended by deleting subsection (5).

(2) Section 77 (as amended by section 4 of and Schedule 1 to the Act of 2006) of the Principal Act is amended by substituting the following subsections for subsection (1):

“(1) Subject to this Act, the weekly rate of disablement pension shall be increased—

( a) by the amount set out in column (2) of Part 4 of Schedule 2 where, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable,

( b) by the amount set out in column (3) of Part 4 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 disablement pension under this subsection in respect of more than one person,

( c) by the amount set out in column (4) of Part 4 of Schedule 2 in respect of each qualified child who normally resides with the beneficiary,

( d) by the amount set out in column (5) of Part 4 of Schedule 2 where the beneficiary is living alone, and

( e) by the amount set out in column (6) of Part 4 of Schedule 2 where the beneficiary is ordinarily resident on an island.

(1A) Any increase of disablement pension payable under section 77(1)( c) in respect of a qualified child who normallyresides with the beneficiary and with the spouse of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and section 77(1)( c) shall be read and haveeffect accordingly.”.

(3) Schedule 2 (as amended by section 3 of and Schedule 1 to the Act of 2009) to the Principal Act is amended by substituting the following Part for Part 4:

“PART 4

Increases of Disablement Pension

Description of Increase

Weekly Rate

Increase for qualified adult (where payable)

Increase for each qualified child (where payable)

Increase where the person is living alone

Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

1. Increase where the person is permanently incapable of work:

196.00

130.10

29.80

7.70

12.70

additional increase for a beneficiary who has attained the age of 66 years

8.30

additional increase where the qualified adult has attained the age of 66 years

5.50

2. Increase where the person requires constant attendance

213.00

”.