Lone Parents
SWCA 2005
Chapter 7
One-Parent Family Payment (ss. 172-178F)
172.
Interpretation.
(1)In this Chapter –
“qualified parent” means, subject to regulations under section 177 –
(a)a widow,
(b)a widower,
(c)a separated spouse,
(d)an unmarried person,
(e)a person whose spouse or civil partner has been committed in custody to a prison or place of detention for not less than 6 months,
who is the parent, step-parent, adoptive parent or legal guardian of at least one relevant child, who normally resides with that person
(f)a surviving civil partner,
(g)a civil partner who is not living with the other civil partner of the civil partnership, or
(h)a person who is not a party to a civil partnership;
“relevant age” means –
(a)16 years where –
(i)the person in respect of whom the claim for one-parent family payment is being made is qualified for
(I)a blind pension under Chapter 5 of Part 3, or
(II)a carer’s allowance under Chapter 8 of Part 3, including a payment under section 186A, or
(ii)a payment under Chapter 8A of Part 3 is being made in respect of a child
and
(b)in any other case –
(i)12 years in respect of any claim for one-parent family payment relating to any day during the period beginning on 3 May 2012 and expiring on 3 July 2013,
(ii)10 years in respect of any claim for one-parent family payment relating to any day during the period beginning on 4 July 2013 and expiring on 2 July 2014, and
(iii)7 years in respect of any claim for one-parent family payment relating to any day occurring on or after 3 July 2014;
“relevant child” means a person who –
(a)is ordinarily resident in the State,
(b)is not detained in a children detention school, and
(c)has not attained the relevant age;
“relevant date” means the date of death of –
(a)the spouse of the surviving spouse,
(b)the cohabitant of the surviving cohabitant, or
(c)the civil partner of the surviving civil partner;
“weekly means” means, subject to Rule 1(1) and (4) of Part 5 of Schedule 3, the yearly means divided by 52.
(2)For the purposes of this Chapter –
(a)means shall be calculated in accordance with the Rules contained in Part 5 of Schedule 3,
(b)a widow who has remarried or entered into a civil partnership shall not be regarded as the widow of her former spouse and a widower who has remarried or entered into a civil partnership shall not be regarded as the widower of his former spouse,
(ba)a surviving civil partner who has entered into a new civil partnership or who marries shall not be regarded as the surviving civil partner of his or her former civil partner, and
(c)a reference to a qualified parent shall include a reference to a person who would otherwise be a qualified parent but for the fact that –
(i)the person’s marriage has been dissolved, being a dissolution that is recognised as valid in the State, or
(ii)the person’s civil partnership has been dissolved, being a dissolution that is recognised as valid in the State.
172A. Qualified child for purposes of one-parent family payment.
Repealed from 29 June 2011
In this Chapter, other than section 174(1),
“qualified child” means –
(a)a person who is ordinarily resident in the State,
(b)is not detained in a children detention school, and
(c)has –
(i)not attained the age of 14 years, or
(ii)attained the age of 14 years but has not attained the age of 16 years and is a child in respect of whom a payment under Chapter 8A of Part 3 is in payment.
173.
Entitlement to payment.
(1)Subject to this Act and to regulations made under this Act, a payment (in this Act referred to as “one-parent family payment”) shall be payable to any of the following persons who has not attained pensionable age:
(a)a qualified parent;
(b)a person to whom section 173A or 173B applies;
(c)a person to whom section 178A(6), 178A(7) or 178A(8) applies.
(2)A one-parent family payment payable to a person shall, subject to this Act, continue to be payable unless the person marries, remarries, enters into a civil partnership or enters into a new civil partnership, and in such a case the one-parent family payment shall cease as and from the date of marriage or remarriage or the date of entry into a civil partnership or new civil partnership, as the case may be.
(3)[deleted]
(4)[deleted]
(5)[deleted]
(5A)[deleted]
(5B)[deleted]
(5C)[deleted]
(6)A one-parent family payment shall not be payable to a person under this Chapter unless the person is habitually resident in the State.
173A.
Entitlement to one-parent family payment where youngest child has attained relevant age.
(1)This section applies to –
(a)a surviving spouse where both spouses of a married couple are, on the relevant date, living together and one of them dies,
(b)a surviving cohabitant where both cohabitants are, on the relevant date, cohabiting and one of them dies, and
(c)a surviving civil partner where both civil partners of a civil partnership are, on the relevant date, living together and one of them dies,
and where the surviving spouse, surviving cohabitant or surviving civil partner is the parent, step-parent, adoptive parent or legal guardian of at least one child who normally resides with that surviving spouse, surviving cohabitant or surviving civil partner and the youngest child has, on the relevant date, attained the relevant age.
(2)Notwithstanding –
(a)that the youngest child has attained the relevant age, and
(b)section 178C,
one-parent family payment shall be payable to a surviving spouse, surviving cohabitant or surviving civil partner to whom this section applies for the shorter of –
(i)the period commencing on the relevant date and ending on the day that is 2 years after that date, or
(ii)the period commencing on the relevant date and ending on the date that the youngest child attains the age of 18 years.
173B.
Entitlement to one-parent family payment in certain circumstances.
(1)This section applies to –
(a)a surviving spouse where both spouses of a married couple are, on the relevant date, living together and one of them dies,
(b)a surviving cohabitant where both cohabitants are, on the relevant date, cohabiting and one of them dies, and
(c)a surviving civil partner where both civil partners are, on the relevant date, living together and one of them dies,
and where the surviving spouse, surviving cohabitant or surviving civil partner is the parent, step-parent, adoptive parent or legal guardian of at least one relevant child who normally resides with that surviving spouse, surviving cohabitant or surviving civil partner and the youngest relevant child is, on the relevant date, within 2 years of attaining the relevant age.
(2)Notwithstanding section 178C, where one-parent family payment is payable to a qualified parent who is a surviving spouse, surviving cohabitant or surviving civil partner to whom this section applies, that payment shall continue to be payable for a period of 2 years commencing on the relevant date and if, during that period, the relevant child attains the relevant age, that payment shall continue to be paid for that period.
174.
Rate of allowance and increases for qualified children.
(1)The rate (in this section referred to as ‘the scheduled rate’) of one-parent family payment shall be the weekly rate set out in column (2) of Part 1 of Schedule 4 increased by the appropriate amount set out –
(a)in column (4) of Part 1 of Schedule 4 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 4 in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary.
(2)
(a)A one-parent family payment shall be payable –
(i)where the weekly means of the claimant or beneficiary do not exceed €7.60, at the scheduled rate, and
(ii)subject to paragraph (b), where the weekly means exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.
(b)Where the rate calculated under paragraph (a)(ii) at which, but for this paragraph, the one-parent family payment would be payable is less than €2.50, the payment shall not be payable.
175.
Disqualification.
A person referred to in section 173(1) shall not, if and so long as that person is a cohabitant, be entitled to and shall be disqualified for receiving payment of one-parent family payment.
176.
Continuation of payment – amendment.
Where one-parent family payment is being paid to a person under this Chapter by virtue of that person’s spouse or civil partner having been committed in custody to a prison or place of detention for not less than 6 months, one-parent family payment shall continue to be paid for 4 weeks after the release of such spouse or civil partner from the prison or place of detention.
177.
Regulations.
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.
178.
Transitional provisions – relevant payments.
(1)In this section and section 178A –
“Act of 1993” means the Social Welfare (Consolidation) Act 1993;
“Act of 1996” means the Social Welfare Act 1996;
“relevant payment” means –
(a)deserted wife’s benefit under Chapter 18 of Part II of the Act of 1993,
(b)deserted wife’s allowance under Chapter 7 of Part III of the Act of 1993, or
(c)prisoner’s wife’s allowance under Chapter 8 of Part III of the Act of 1993, as the case may require.
(2)Notwithstanding the provisions of Part V (relating to one-parent family payment) of the Act of 1996, a woman who, immediately before the commencement of section 19 of that Act, is in receipt of a relevant payment, the said relevant payment shall be payable for the duration of the woman’s continuous entitlement to the relevant payment in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.
(3)Where, immediately before the commencement of section 19 (relating to repeals) of the Act of 1996, a woman whose claim for a relevant payment has not been finally determined, and who would, but for the commencement of the said section, have become entitled to the said relevant payment, the relevant payment shall be payable for the duration of the woman’s continuous entitlement to the relevant payment in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.
(4)Notwithstanding the provisions of Part V of the Act of 1996, where a woman has ceased or ceases to be entitled to benefit under Chapter 18 of Part II of the Act of 1993 by virtue of no longer having at least one qualified child residing with her, she shall, on reaching the age of 40 years, where but for the said Part V she would be entitled to the said benefit, again become and continue to be entitled to the said benefit, for the duration of her continuous entitlement thereto, in accordance with the provisions of the Act of 1993 and regulations made under the Act of 1993.
(5)In the case of a person to whom subsection (2), (3) or (4) applies and who is disqualified for receipt of a relevant payment by virtue of section 249 (1) (a) or (14), where but for that disqualification she would be entitled to the said relevant payment, she shall again become entitled to the said relevant payment at the expiration of the disqualification in any case where the period of disqualification does not exceed 12 months.
(6)Notwithstanding the provisions of Part V of the Act of 1996, in the case of a woman who –
(a)was in receipt of deserted wife’s allowance under Chapter 5 of Part III of the Social Welfare (Consolidation) Act 1981 and transferred from that scheme to the lone parent’s allowance scheme under Chapter 5A (inserted by section 12 of the Social Welfare Act 1990) of Part III of the said Act following the commencement of that Chapter in 1990, and
(b)ceases or has ceased to be entitled to one-parent family payment under Chapter 9 of Part III of the Act of 1993 by virtue of no longer having at least one qualified child residing with her,
she shall, where but for Part V of the Act of 1996 she would be entitled to a relevant payment under subsection (1) (b), become and continue to be entitled to the said payment, for the duration of her continuous entitlement thereto, in accordance with the Act of 1993 and regulations made under the Act of 1993.
(7)Notwithstanding the provisions of Part V of the Act of 1996, for the purposes of a relevant payment referred to in subsection (1) (b) or (c), means shall be calculated in accordance with Part 5 of Schedule 3.
(8)A person shall not be entitled to a relevant payment referred to in subsection (1)(b) or (c) where that person has attained pensionable age.
178A.
Relevant payments – conditions for receipt.
(1)Notwithstanding the provisions of Part V of the Act of 1996 –
(a)deserted wife’s benefit under Chapter 18 of Part II of the Act of 1993 shall be payable to a woman who, in the case of a claim made on or after 31 August 1992 but before 2 January 1997, does not have an aggregate of reckonable income, reckonable earnings and reckonable emoluments in excess of a prescribed amount, in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate,
(b)in the case of a woman who immediately before the commencement of section 19 of the Act of 1996 was in receipt of deserted wife’s benefit under Chapter 18 of Part II of the Act of 1993, regulations may provide for the continued payment of deserted wife’s benefit where –
(i)subject to paragraph (c), the woman has an aggregate of reckonable income, reckonable earnings and reckonable emoluments in excess of an amount prescribed for the purposes of paragraph (a) in the last complete income tax year or in such subsequent tax year as a deciding officer or an appeals officer may consider appropriate, or
(ii)the contribution condition set out in subsection (2)(b) is not satisfied,
(c)regulations under paragraph (b) shall provide that deserted wife’s benefit payable by virtue of that paragraph shall be payable at a rate less than that specified in reference 5 of Part 1 of Schedule 2 and the rate specified by the regulations may vary with the extent to which –
(i)the claimant has an aggregate of reckonable income, reckonable earnings and reckonable emoluments in excess of the amount prescribed for the purposes of paragraph (a) but not in excess of the amount prescribed for the purposes of this paragraph, in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, and
(ii)the contribution condition set out in subsection (2)(b) is satisfied,
but any increase of the benefit payable in accordance with subsection (3) shall be the same as if the conditions set out in paragraph (a) and subsection (2)(b) had been fully satisfied,
(d)
(i)subject to subparagraph (ii), regulations may provide for entitling to deserted wife’s benefit a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (2)(b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor, became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act 1973,
(ii)regulations for the purposes of subparagraph (i) shall provide that deserted wife’s benefit payable by virtue of that paragraph shall be payable at a rate less than that specified in reference 5 of Part 1 of Schedule 2 and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (2)(b)(ii) is satisfied.
(2)The contribution conditions for deserted wife’s benefit under Chapter 18 of Part II of the Act of 1993 are –
(a)that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and
(b)that, if at the relevant time, 4 years or longer has elapsed since the husband’s entry into insurance –
(i)the yearly average for the 3 contribution years, or (if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or
(ii)the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,
but, if the foregoing conditions are not satisfied on the husband’s insurance record, they may be satisfied on the woman’s insurance record (the husband’s insurance record being disregarded).
(3)For the purposes of a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178, the weekly rate of payment shall be increased by the appropriate amount set out –
(a)set out 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
(aa)set out 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 claimant or beneficiary,
(b)in column (6) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is living alone,
(c)in column (7) of Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years, and
(d)in column (8) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is ordinarily resident on an island.
(3A)In this section ‘yearly average’ means the average per contribution year of contribution weeks in respect of which the husband or claimant has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in subsection (2)(b) and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.
(4)Regulations may, subject to the conditions and in the circumstances and for the periods that may be prescribed, entitle to a payment a woman who ceases to be entitled to deserted wife’s benefit by virtue of having earnings in excess of the amount prescribed for the purposes of subsection (1)(a).
(5)Regulations under subsection (4) shall provide that a payment payable by virtue of those regulations shall be payable at a rate less than that specified in column (2) of Part 1 of Schedule 2 and the rate specified by regulations may vary by reference to the yearly average calculated in accordance with subsection (2) (b) (ii).
(6)[deleted]
(6A)[deleted]
(7)[deleted]
(8)[deleted]
(9)[deleted]
(10)[deleted]
178B. One-parent family payment – transitional provisions in certain circumstances where child attains age of 14.
Ceased from 2 July 2015
(1)This section applies to a person who –
(a)immediately before 27 April 2011 was in receipt of one-parent family payment, and
(b)would have continued to receive that payment –
(i)immediately after 26 April 2011 but for the fact that the youngest child attained the age of 14 years before 27 April 2011, or
(ii)on or after 27 April 2011 but for the fact that the youngest child has attained the age of 14 years on or after 27 April 2011.
(2)A person to whom this section applies shall, subject to subsection (3), continue to be entitled to the payment referred to in subsection (1) as follows:
(a)during the period commencing on 27 April 2011 and ending on 3 July 2013, until the youngest child attains the age of 18 years;
(b)during the period commencing on 4 July 2013 and ending on 2 July 2014, until the youngest child attains the age of 17 years;
(c)during the period commencing on 3 July 2014 and ending on 1 July 2015, until the youngest child attains the age of 16 years.
(3)For the purposes of this section one-parent family payment shall, subject to subsection (4), continue to be paid to a person to whom this section applies where –
(a)the youngest child has attained the age of 18 years and has not attained the age of 22 years, and
(b)that youngest child is receiving full-time education as may be prescribed.
(4)For the purposes of subsection (3), one-parent family payment shall be paid to a person to whom this section applies until the end of the academic year which commences in 2012 and which applies to such course of full-time education, as may be prescribed, which that youngest child is receiving.
(5)This section shall cease to have effect on 2 July 2015.
178C. One-parent family payment – transitional provisions in certain circumstances where child attains relevant age.
Ceased from 2 July 2015
(1)This section applies to a person who –
(a)becomes entitled to one-parent family payment during the period commencing on 27 April 2011 and ending on 2 May 2012,
(b)immediately before 3 May 2012 is in receipt of that payment, and
(c)would have continued to be entitled to receive that payment –
(i)immediately after 2 May 2012 until the date on which the youngest child attained the age of 14 years, but for the fact that the youngest child attained the age of 12 years before 3 May 2012, or
(ii)on or after 3 May 2012 until the date on which the youngest child attained the age of 14 years, but for the fact that the youngest child has attained the age of 12 years on or after 3 May 2012.
(2)A person to whom this section applies shall continue to be entitled to the payment referred to in subsection (1) as follows:
(a)during the period commencing on 3 May 2012 and ending on 3 July 2013, until the youngest child attains the age of 14 years;
(b)during the period commencing on 4 July 2013 and ending on 2 July 2014, until the youngest child attains the age of 12 years;
(c)during the period commencing on 3 July 2014 and ending on 1 July 2015, until the youngest child attains the age of 10 years.
(3)For the purposes of this section nothing in subsection (2) shall affect the entitlement of a person to whom this section applies to continue to be entitled to one-parent family payment until the youngest child attains 16 years where –
(a)the person is qualified for a carer’s allowance under Chapter 8 of Part 3, including a payment under section 186A, or
(b)the youngest child is a child in respect of whom a payment under Chapter 8A of Part 3 is being made.
(4)This section shall cease to have effect on 2 July 2015.
178D. One-parent family payment – continuation following certain disqualifications.
Ceased from 2 July 2015
(1)Where a person has –
(a)been in receipt of one-parent family payment for a period of 52 consecutive weeks and is disqualified for receipt of that payment by virtue of –
(i)having gross weekly earnings in excess of the amount specified in section 173(3), or
(ii)participation in a scheme administered by the Minister and known as Back to Education Allowance,
and
(b)but for that disqualification the person would be entitled to that one-parent family payment,
the person shall again become entitled to that payment at the expiration of the disqualification subject to, and in accordance with –
(i)section 178B, in the case of a person who first became entitled to one-parent family payment before 27 April 2011, or
(ii)section 178C, in the case of a person who first became entitled to one-parent family payment during the period commencing on 27 April 2011 and ending on 2 May 2012.
(2)This section shall cease to have effect on 2 July 2015.
178E.
One-parent family payments – miscellaneous provisions relating to claims made on certain dates.
(1)Where –
(a)a person made a claim for one-parent family payment before 27 April 2011 and the claim had not been fully determined by that date, and
(b)that person would have been entitled to that payment but for the fact that the youngest child had attained the age of 14 years before 27 April 2011,
the entitlement of that person to that payment shall be determined in accordance with section 178B.
(2)Where –
(a)a person made a claim for one-parent family payment before 3 May 2012 and the claim had not been fully determined by that date, and
(b)that person would have been entitled to that payment but for the fact that the youngest child attained the age of 12 years before 3 May 2012,
the entitlement of that person to that payment shall be determined in accordance with section 178C.
178F.
Report on one-parent family payment changes.
(1)The Minister shall, not later than 3 months after the passing of the Act of 2016, cause to be prepared a report on the financial and social effects of the amendments to one-parent family payment made to this Act since 1 January 2012, taking into account the effects on welfare dependency and the poverty rates of those in receipt of one-parent family payment.
(2)The Minister shall, not later than 9 months after the passing of the Act of 2016, cause a copy of the report under subsection (1) to be laid before each House of the Oireachtas.
(3)In this section, “Act of 2016” means the Social Welfare Act 2016.