S.I. No. 142 of 2007 Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

Inhalt

1. Art. 1 Citation
2. Art. 2 Commencement
3. Art. 3 Definitions
4. Art. 4 Interpretation
5. Art. 5 Revocations
6. Art. 6 Persons specified to be qualified adults
7. Art. 7 Income limit — qualified adult
8. Art. 8 Calculation of income limit
9. Art. 9 Reduced rate qualified adult increase
10. Art. 10 Reduced rate qualified adult increase — State pensions
11. Art. 11 Reduced rate qualified adult increase — invalidity pension
12. Art. 12 Weekly income limit for increase for qualified child
13. Art. 13 Normal residence of qualified child
14. Art. 14 Persons regarded as receiving full-time education
15. Art. 15 Persons regarded as available for employment
16. Art. 16 Persons regarded as genuinely seeking employment
17. Art. 17 Expenses
18. Art. 18 Conversion of contributions paid under National Health Insurance Acts
19. Art. 19 Qualified child increase — linked claims
20. Art. 20 Persons deemed to be incapable of work
21. Art. 20A Days to be treated as days of incapacity for work
22. Art. 21 Days not to be treated as days of incapacity for work
23. Art. 22 Night workers
24. Art. 23 Special provision relating to delay or failure in claiming
25. Art. 24 Disqualifications
26. Art. 25 Reckoning of periods of interruption of employment
27. Art. 26 Qualifying conditions — illness benefit
28. Art. 27 Partial satisfaction of conditions for illness benefit
29. Art. 28 Contribution conditions — illness benefit
30. Art. 28A Conditions for which person assessed as having a profound restriction on capacity for work
31. Art. 28B Conditions for which person assessed as having a mild restriction on capacity for work
32. Art. 28C Reduced rates of partial capacity benefit
33. Art. 28D Rate of partial capacity benefit payable where person requalifies for benefit
34. Art. 28E Partial capacity benefit where person deemed to satisfy qualifying conditions for invalidity pension in accordance with section 46C(3)(b)
35. Art. 28F Reduced duration for partial capacity benefit in certain cases
36. Art. 28G Disqualifications for partial capacity benefit
37. Art. 28H Definition
38. Art. 28I Definitions
39. Art. 28J Persons deemed incapable of work
40. Art. 28K Minimum contribution conditions
41. Art. 28L Additional conditions
42. Art. 28M Persons not entitled to illness benefit
43. Art. 28N Information to be given when making a claim
44. Art. 28O Rate of benefit
45. Art. 28P Duration of increased rate of benefit
46. Art. 28Q Manner of certification or notification
47. Art. 28R Disqualifications
48. Art. 29 Expected week of confinement and duration of maternity benefit in certain cases
49. Art. 30 Postponement of maternity benefit in event of hospitalisation of child
50. Art. 30A Postponement of maternity benefit in the event of a serious health condition
51. Art. 31 Volunteer development workers — qualifying conditions
52. Art. 32 Determination of income tax year and prescribed weekly amount for purposes of maternity benefit
53. Art. 33 Calculation of reckonable weekly earnings
54. Art. 34 Medical examination to determining validity of certificate
55. Art. 35 Disqualifications
56. Art. 36 Qualifying conditions for benefit
57. Art. 37 Partial satisfaction of conditions for benefit
58. Art. 38 Definitions
59. Art. 39 Volunteer development workers — qualifying conditions
60. Art. 40 Determination of income tax year and prescribed weekly amount
61. Art. 41 Calculation of reckonable weekly earnings
62. Art. 42 Disqualifications
63. Art. 43 Postponement of adoptive benefit during hospitalisation of child
64. Art. 43A Definitions
65. Art. 43B Expected week of confinement and duration of paternity benefit in certain cases
66. Art. 43C Volunteer development workers — qualifying conditions
67. Art. 43D Disqualification
68. Art. 43E Postponement of paternity benefit in certain circumstances
69. Art. 43F Postponement of paternity benefit during hospitalisation of child
70. Art. 43G Definitions
71. Art. 43H Volunteer development workers – qualifying conditions
72. Art. 43I Disqualification
73. Art. 43J Postponement of parent’s benefit during hospitalisation of child
74. Art. 43K Postponement of parent’s benefit by virtue of subsection (15) or paragraphs (a) or (b) of subsection (16)
75. Art. 44 Days not to be treated as days of unemployment
76. Art. 45 Night workers
77. Art. 46 Special provision relating to delay or failure in claiming
78. Art. 47 Qualifying conditions — jobseeker’s benefit
79. Art. 47A Exemption from disqualification for course of study
80. Art. 47B Applications shall cease to be made for jobseeker’s benefit
81. Art. 48 Partial satisfaction of conditions for jobseeker’s benefit
82. Art. 48A Contribution conditions — jobseeker’s benefit
83. Art. 48B Satisfaction of conditions for jobseeker’s benefit in the case of contributions applying to Covid-19 Pandemic Unemployment Payment
84. Art. 49 Substantial loss of employment
85. Art. 50 Disqualification
86. Art. 50A Refusal to engage with activation measures — prescribed schemes, courses etc
87. Art. 51 Casual employment
88. Art. 52 Prescribed manner for proving unemployment
89. Art. 52Abis Emergency measures in the public interest — jobseeker’s benefit
90. Art. 52A Weeks not to be treated as weeks of unemployment
91. Art. 52B Night workers
92. Art. 52C Special provision relating to delay or failure in claiming
93. Art. 52D Exemption from disqualification for course of study
94. Art. 52E Disqualification
95. Art. 52F Refusal to engage with activation measures — prescribed schemes, courses etc
96. Art. 52G Prescribed manner for proving unemployment
97. Art. 52H Emergency measures in the public interest — jobseeker’s benefit
98. Art. 52HA Rates of payment for claimants over 65 years of age
99. Art. 52HB Satisfaction of conditions for jobseeker’s benefit (self-employed) in the case of contributions applying to Covid-19 Pandemic Unemployment Payment
100. Art. 52HC Definitions
101. Art. 52HD Persons who are considered to be unemployed for the purposes of jobseeker’s pay-related benefit
102. Art. 52HE Persons who are considered not to be unemployed for the purposes of jobseeker’s pay-related benefit
103. Art. 52HF Casual Employment
104. Art. 52HG Prescribed manner for proving unemployment
105. Art. 52HH Qualifying conditions – jobseeker’s pay-related benefit
106. Art. 52HI Rate of Benefit
107. Art. 52HJ Duration
108. Art. 52HK Exemption from disqualification for course of study
109. Art. 52HL Refusal to engage with activation measures – prescribed schemes, courses etc.
110. Art. 52I Calculation of reckonable weekly income
111. Art. 52J Rates of payment
112. Art. 52K Self- employment income limits
113. Art. 52L Date on which applications for the Covid-19 pandemic unemployment payment shall cease
114. Art. 52LA Certain business sectors - applications for the Covid-19 pandemic unemployment payment
115. Art. 52M Date on which payment of the covid-19 pandemic unemployment payment shall cease to be made
116. Art. 52MA Exception to article 52M(1) for those in specified business sectors whose income ceased on or after 7 December 2021
117. Art. 52MB Rates of payment for those in specified business sectors whose income ceased on or after 7 December 2021
118. Art. 52MC Date on which payment of the Covid-19 pandemic unemployment payment shall cease to be made in the case of a person to whom article 52LA applies
119. Art. 53 Interpretation
120. Art. 54 Conditions to be satisfied by non-resident carer
121. Art. 55 Prescribed manner for certification of disability
122. Art. 56 Circumstances in which carer is to be regarded as providing full-time care and attention
123. Art. 56A Circumstances in which carer is to be regarded as providing full-time care and attention – domiciliary care allowance
124. Art. 57 Conditions and circumstances under which a carer may engage in employment, self-employment, training and education
125. Art. 57A Conditions and circumstances under which a carer on leave from employment shall satisfy the condition on engagement in remunerative full-time employment as an employed contributor
126. Art. 58 Medical examination and disqualification
127. Art. 59 Interpretation
128. Art. 60 Conditions to be satisfied by non-resident homemaker
129. Art. 60A Home carers
130. Art. 60B Classes of person in respect of whom a home carer may provide care
131. Art. 60C Circumstances in which a home carer may be regarded as providing continuous supervision and regular assistance
132. Art. 60D Application to be regarded as a home carer
133. Art. 60E Evidence demonstrating the nature, extent and duration of home caring
134. Art. 60F Classes of person in respect of whom a long-term carer may provide care
135. Art. 60G Circumstances in which a long-term carer may be regarded as providing full-time care and attention to a relevant person or a qualified child
136. Art. 60H Application to be regarded as a long-term carer.
137. Art. 60I Evidence demonstrating the nature, extent and duration of long-term caring.
138. Art. 60J Conditions to be satisfied by non-resident long-term carer.
139. Art. 60K Specified payments
140. Art. 61 Reckoning of contributions under National Health Insurance Acts
141. Art. 62 Partial satisfaction of contribution conditions for State pension (contributory) where person attains pensionable age on or after 1 September 2012
142. Art. 62A Partial satisfaction of contribution conditions for State pension (contributory) where person attains pensionable age before 1 September 2012 and is not a person to whom section 109(10) applies
143. Art. 62B Partial satisfaction of contribution conditions for State pension (contributory) where section 109(10) applies
144. Art. 62C Aggregated contributions method – increase for qualified adult
145. Art. 62D Partial satisfaction of contribution conditions for State pension (contributory) where a claimant attains pensionable age or deferred pensionable age after 1 January 2025
146. Art. 62E Calculation of increase for qualified adult where claimant attains pensionable age or deferred pensionable age on or after 1 January 2025
147. Art. 63 Entitlement to pro-rata State pension (contributory)
148. Art. 63A Entitlement to pro-rata State pension (contributory), where a person has modified contributions, under the aggregated contributions method
149. Art. 64 Calculation of rate of pro-rata State pension (contributory)
150. Art. 64A Calculation of rate of pro-rata State pension (contributory), where a person has modified contributions, under the aggregated contributions method
151. Art. 65 Special partial State pension (contributory) where person attains pensionable age on or after 1 September 2012
152. Art. 65A Special partial State pension (contributory) where person attains pensionable age before 1 September 2012 and is not a person to whom section 109(10) applies
153. Art. 65B Special partial State pension (contributory) where section 109(10) applies
154. Art. 66 Calculation of yearly average
155. Art. 67 Saver
156. Art. 68 Interpretation
157. Art. 69 Reckoning of contributions under National Health Insurance Acts
158. Art. 70 Period of retirement
159. Art. 70A Partial satisfaction of contribution conditions for State pension (transition) where person attains 65 years of age on or after 1 January 2013
160. Art. 71 Partial satisfaction of contribution conditions for State pension (transition) where person attains 65 years of age on or after 1 September 2012
161. Art. 71A Partial satisfaction of contribution conditions for State pension (transition) where person attains 65 years of age before 1 September 2012
162. Art. 72 Entitlement to pro-rata State pension (transition)
163. Art. 73 Calculation of rate of pro-rata State pension (transition)
164. Art. 74 Calculation of yearly average
165. Art. 75 Saver
166. Art. 76 Definition of permanently incapable of work
167. Art. 77 Conditions for receipt of invalidity pension
168. Art. 78 Disqualification
169. Art. 79 Interpretation
170. Art. 80 Partial satisfaction of contribution conditions for pension
171. Art. 81 Special partial pension
172. Art. 82 Reckoning of contributions paid under Widows’ and Orphans’ Acts
173. Art. 83 Calculation of yearly average
174. Art. 84 Interpretation
175. Art. 85 Conditions for receipt of deserted wife’s benefit
176. Art. 86 Income limit
177. Art. 87 Partial satisfaction of contribution conditions
178. Art. 88 Special partial payment
179. Art. 89 Application of income limit
180. Art. 90 Calculation of yearly average
181. Art. 90A Transitional payment
182. Art. 91 Interpretation
183. Art. 92 Treatment Benefit
184. Art. 93 Entitlement to treatment benefit
185. Art. 94 Contribution conditions
186. Art. 95 Contribution conditions for volunteer development workers
187. Art. 96 Treatment Benefit for Dependent Spouse, Civil Partner or Cohabitant
188. Art. 97 Continued Benefit to Dependent Spouse, Civil Partner or Cohabitant after the Death of an Insured Person
189. Art. 98 Continued entitlement over age 60
190. Art. 99 Reckoning of contributions paid under National Health Insurance Acts
191. Art. 100 Claim for treatment benefit
192. Art. 101 Limitation on benefit for a claimant who is a member of the Defence Forces
193. Art. 102 Cost of medical certificates
194. Art. 103 Time limit for obtaining treatment benefit
195. Art. 104 Notice of decision
196. Art. 105 Payment by the Minister
197. Art. 106 Panels
198. Art. 107 Limitation on dental benefit for a claimant who is a member of the Defence Forces
199. Art. 108 Amount payable in respect of dental benefit
200. Art. 109 Benefit in respect of medical appliances
201. Art. 110 Amount payable in respect of medical appliance benefit
202. Art. 110A Hearing aids
203. Art. 110B Medical lenses
204. Art. 110C Non-surgical hair replacement
205. Art. 111 Claims for and payment of medical appliance benefit
206. Art. 112 Claims for and payment of optical benefit
207. Art. 113 Limitation on optical benefit for claimant who is a member of the Defence Forces
208. Art. 114 Amount payable in respect of optical benefit
209. Art. 115 Sight tests
210. Art. 116 Interpretation
211. Art. 117 Days of unemployment
212. Art. 118 Prescribed manner for proving unemployment
213. Art. 118A Prescribed manner for making declaration under section 148A
214. Art. 119 Night workers
215. Art. 120 Persons deemed to be available for employment
216. Art. 120A Refusal to engage with activation measures — prescribed schemes, courses etc
217. Art. 121 Exemption from disqualification for course of study
218. Art. 121A Emergency measures in the public interest — jobseeker’s allowance
219. Art. 122 Conditions for entitlement
220. Art. 123 Period of retirement
221. Art. 123A Prescribed date for the purposes of section 149(7)
222. Art. 124 Definitions
223. Art. 125 Circumstances in which a person is to be regarded as being a separated spouse
224. Art. 125A Circumstances in which a civil partner is to be regarded as a civil partner who is not living with the other civil partner of the civil partnership.
225. Art. 126 Circumstances in which a person is to be regarded as being an unmarried person
226. Art. 127 Circumstances in which a person is to be regarded as being a prisoner’s spouse or civil partner
227. Art. 128 Residence of child
228. Art. 129 Continued entitlement to payment
229. Art. 130 Transfer of maintenance
230. Art. 131 Interpretation
231. Art. 132 Conditions to be satisfied by carer
232. Art. 133 Conditions to be satisfied by non-resident carer
233. Art. 134 Prescribed manner for certification of disability
234. Art. 135 Medical examination
235. Art. 136 Circumstances in which carer is to be regarded as providing full-time care and attention
236. Art. 136A Circumstances and conditions under which a payment under section 186A may be made
237. Art. 136B Circumstances in which carer in receipt of a Half-Rate Carer’s Allowance may engage in employment, self-employment, education or training
238. Art. 137 Specified disability
239. Art. 138 Disqualification
240. Art. 139 Temporary residence
241. Art. 140 Holidays
242. Art. 140A Interpretation
243. Art. 140B Prescribed manner for certification of disability and duration of full-time care and attention
244. Art. 140C Normal residence of qualified child
245. Art. 140D Payment in respect of temporary part-time residence in an institution
246. Art. 140E Payment in respect of temporary full-time residence in an institution
247. Art. 140F Medical examination and disqualification
248. Art. 141 Exemption from assessment of property
249. Art. 142X Assessment of means — non-cash benefits
250. Art. 143 Maintenance arrangements
251. Art. 144 Assessment of means — carer’s allowance
252. Art. 145 Assessment of claimant’s earnings — jobseeker’s allowance and farm assist
253. Art. 145A Assessment of claimant’s earnings — jobseeker’s allowance payable under section 148A
254. Art. 146 Assessment of claimant’s seasonal earnings — jobseeker’s allowance and farm assist
255. Art. 147 Earnings disregard — disability allowance
256. Art. 148 Earnings disregard — State pension (non-contributory)
257. Art. 149 Earnings disregard — Widow’s (non-contributory) pension and widower’s (non-contributory) pension
258. Art. 150 Earnings disregard – blind pension
259. Art. 151 Income limit — one-parent family payment
260. Art. 151A Earnings disregard — one-parent family payment
261. Art. 152 Prescribed activity — exemption of income
262. Art. 153 Assessment of spouse’s earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist
263. Art. 153A Saver
264. Art. 154 Assessment of seasonal earnings of spouse, civil partner or cohabitant — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist
265. Art. 155 Disregard of certain income
266. Art. 155A Income disregard — agri-environmental schemes
267. Art. 156 Yearly value of property — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist
268. Art. 157 Prescribed age for the purposes of benefit and privilege — jobseeker’s allowance
269. Art. 158 Disregard of proceeds from sale of principal residence — disability allowance, State pension (non-contributory) and blind pension
270. Art. 159 Normal residence
271. Art. 160 Full-time education
272. Art. 161 Child regarded as continuing to receive full-time education
273. Art. 162 Interpretation
274. Art. 163 Date carer’s support grant payable
275. Art. 164 Entitlement to grant for certain classes of carer
276. Art. 165 Period for which full-time care and attention to be given
277. Art. 166 Carer — residence in institution
278. Art. 167 Certain circumstances in which carer may continue to be regarded as providing full-time care and attention
279. Art. 167A Circumstances in which carer is to be regarded as providing full-time care and attention – domiciliary care allowance
280. Art. 168 Conditions to be satisfied by non-resident carer
281. Art. 169 Conditions and circumstances under which a carer may engage in employment, self employment, training and education
282. Art. 170 Prescribed manner for certification of incapacity
283. Art. 171 Medical examination and disqualification
284. Art. 172 Interpretation
285. Art. 173 Manner of calculation or estimation of weekly family income
286. Art. 174 Sums disregarded in determining weekly family income
287. Art. 175 Persons regarded as being in remunerative full-time employment
288. Art. 176 Change of circumstances
289. Art. 176A Effect of change of circumstances on weekly rate of supplement
290. Art. 177 Minimum payment of working family payment
291. Art. 177A Prescribed employment schemes and courses of education etc.
292. Art. 178 Interpretation
293. Art. 179 Claims
294. Art. 180 Application to be regarded as a homemaker
295. Art. 181 Information to given when making a claim
296. Art. 182 Prescribed time for making claim
297. Art. 183 Prescribed time for making application to be regarded as a homemaker
298. Art. 183A Circumstances in which periods living apart are regarded as periods living together
299. Art. 183B Evidence in support of application for pension based on qualified cohabitation
300. Art. 184 Provisional allowance of claim
301. Art. 185 Payment of claims made more than 12 months after the due date
302. Art. 186 Payment of certain claims made after due date
303. Art. 187 Rounding
304. Art. 188 Provision of information
305. Art. 188A Information to be supplied by claimants and beneficiaries for profiling and activation purposes
306. Art. 189 Sharing of information
307. Art. 190 Prescribed time for furnishing information
308. Art. 191 Decision of deciding officer
309. Art. 191A Covid-19 pandemic unemployment payment
310. Art. 192 Manner of payment
311. Art. 193 Commencement of awards — child benefit
312. Art. 194 Commencement of awards — early childcare supplement
313. Art. 194A Domiciliary care allowance — commencement of awards
314. Art. 195 Normal residence — early childcare supplement
315. Art. 196 Time of payment
316. Art. 197 Taking effect of revision on account of change of circumstances
317. Art. 198 Payable orders
318. Art. 198A Notifications where claimant wishes for certain payments to continue after attaining pensionable age
319. Art. 199 Extinguishment of right to payment
320. Art. 200 Payments no longer due
321. Art. 201 Nominated persons
322. Art. 201A Nomination of employer to receive payment of certain benefits
323. Art. 202 Persons unable to manage financial affairs
324. Art. 202A Obligations of appointed person
325. Art. 203 Payment to appointed persons
326. Art. 204 Payment to appointed person living together with applicant
327. Art. 205 Payments on death
328. Art. 206 Sum payable on death for child benefit and domiciliary care allowance
329. Art. 207 Distribution of sum payable on death
330. Art. 208 Payments after death
331. Art. 209 Offences
332. Art. 210 Provisions relating to nominations and appointments
333. Art. 211 Definitions
334. Art. 212 Payment in respect of loss of purchasing power
335. Art. 213 Calculation of amount
336. Art. 214 Delay in issue of purchasing power payment
337. Art. 215 Payment of an amount of costs
338. Art. 216 Rounding
339. Art. 217 Exception from disqualification for periods of absence from State
340. Art. 218 Exception from disqualification during penal servitude, imprisonment or detention in legal custody
341. Art. 219 Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody
342. Art. 220 Interpretation
343. Art. 221 Payment of disablement benefit with other social welfare payments
344. Art. 222 Payment of guardian’s payment with other social welfare payments
345. Art. 222A Payment of one-parent family payment with jobseeker’s allowance
346. Art. 223 Payment of half-rate benefit to recipients of certain payments
347. Art. 223A Payment of maternity, health and safety, adoptive or paternity benefit at reduced rate with other social welfare payments
348. Art. 223B Payment of illness, jobseeker’s, injury benefit etc. with other social welfare payments in certain circumstances
349. Art. 223C Continuation of payment of illness benefit or incapacity supplement at reduced rate with other social welfare payments in certain circumstances
350. Art. 223D Transitional arrangements for payment of illness, injury, jobseeker’s benefit etc. with other social welfare payments in certain circumstances
351. Art. 223E Transitional arrangements for payment of maternity, health and safety benefit or adoptive benefit with other social welfare payments in certain circumstances
352. Art. 223F Payment of Covid-19 pandemic unemployment payment with other social welfare payments
353. Art. 224 Payment of blind pension with other social welfare payments
354. Art. 225 Payment on account
355. Art. 226 Payment on account of qualified adult and qualified child
356. Art. 227 Supplementary welfare allowance granted to persons in receipt of long-term payments
357. Art. 228 Payment of increase for qualified child where child becomes entitled to payment in his or her own right
358. Art. 229 State pension (non-contributory) — qualified child
359. Art. 230 Rounding
360. Art. 231 Saver
361. Art. 232 Definitions
362. Art. 233 Household budgeting
363. Art. 233A Definition
364. Art. 233B Form and manner of application for deduction and payment pursuant to section 290A
365. Art. 233C Form and manner of application to relevant person for discontinuance of deduction and payment pursuant to section 290A
366. Art. 233D Form and manner of application to housing body for consent to discontinuance of deduction and payment pursuant to section 290A
367. Art. 234 Island allowance
368. Art. 235 Widowed parent grant
369. Art. 236 Interpretation
370. Art. 237 Provision of information — interpretation
371. Art. 238 Provision of information — institution of education, institution of higher education or centre of education
372. Art. 239 Provision of information — nursing homes
373. Art. 239A Prescribed period for provision of certain information.
374. Art. 240 Persons required to keep records
375. Art. 241 Records to be maintained
376. Art. 242 Provision of information on overpayments
377. Art. 243 Recovery of overpayment
378. Art. 244 Determining the method of recovery
379. Art. 245 Recovery of overpayment by means of deduction from social welfare and other payments
380. Art. 246 Reduction or cancellation of sum to be repaid
381. Art. 247 Proceedings for recovery of overpayment
382. Art. 248 Obligations of personal representatives
383. Art. 249 Decisions as to the application of Part 9
384. Art. 249A Definitions
385. Art. 249B Application for statement of recoverable benefits
386. Art. 249C Information to be given when making application for statement of recoverable benefits
387. Art. 249D Information to be given for purposes of issuing statement and revised statement of recoverable benefits under section 343PA
388. Art. 250 Definitions
389. Art. 251 Calculation of amount due
390. Art. 252 Saver
391. Art. 253 Amount to be paid
392. Art. 254 Transfer of maintenance
393. Art. 255 Prescribed time for furnishing information
394. Art. 255A Discrimination on grounds of age