Social Welfare (Family Income Supplement) Regulations, 1991.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Social Welfare (Family Income Supplement) Regulations.
2 Interpretation.
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paragraphs: In these Regulations—
"the Act" means the Social Welfare (Consolidation) Act, 1981 ;
"beneficiary" means a person entitled to a supplement;
"claimant" means a person who has made a claim for a supplement;
"earnings from employment" means emoluments other than non-pecuniary emoluments, to which Chapter IV of Part V of the Income Tax Act, 1967 (No. 6 of 1967) applies;
"spouse" means—
(a) each person of a married couple who are living together, or
(b) each person of a married couple who is wholly or mainly maintaining, or being wholly or mainly maintained by, that person's spouse, or
(c) a man and woman who are not married to each other but are cohabiting as man and wife;
"supplement" means a family income supplement under Part IVA of the Act (inserted by section 13 of the Social Welfare Act, 1984 ).
3 Commencement.
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paragraphs: These Regulations shall come into operation on the 24th day of October, 1991.
4 Revocations.
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paragraphs: The Regulations specified in column (2) of Schedule B to these Regulations are hereby revoked to the extent specified in column (3) of that Schedule opposite the mention of those Regulations in column (3).
PART II Entitlement to Family Income Supplement.
5 Manner of calculation or estimation of weekly family income.
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paragraphs: (1) Subject to article 7 of these Regulations, weekly family income within the meaning of section 232A of the Act shall be calculated or estimated—
(a) subject to sub-article (2) of this article, insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of such earnings received in the period of two months immediately prior to the date on which the claim for supplement has been made where such earnings are received at monthly intervals, or in the period of six weeks immediately prior to such date where such earnings are received at weekly or fortnightly intervals,
(b) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the period of twelve months preceding the date of claim by fifty-two,
(c) insofar as it consists of income from any other source, by reference to the normal weekly amount of such income.
(2) Where in any case a deciding officer or appeals officer considers that the periods mentioned in sub-article (1) of this article would not be appropriate to determine the amount of weekly family income, he may, for the purposes of this article have regard to such other period or periods which appear to him to be appropriate for that purpose.
6 Items disregarded in determining weekly family income.
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paragraphs: In calculating or estimating weekly family income the following items shall be disregarded—
(a) any sums received by way of death benefit by way of orphan's pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, carer's allowance, supplementary welfare allowance, child benefit or family income supplement under the Act;
(b) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970 (No. 1 of 1970);
(c) any sums received by way of allowance under regulations made under section 23 of the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982);
(d) any sums from the investment or profitable use of property (not being property personally used or enjoyed by the person concerned);
(e) payments by a health board in respect of a child who is boarded out;
(f) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as ScÃ©im na bhFoghlaimeoirÃ­ Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident;
(g) any moneys received from a charitable organisation being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them;
(h) any income arising from employment of a casual nature by a health board as a home help.
7 Circumstances in which a person is to be regarded as being in remunerative full-time employment.
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paragraphs: (1) For the purposes of these Regulations a person shall, subject to sub-article (2) of this article, be regarded as being engaged in remunerative full-time employment as an employee where—
(a) he is engaged in remunerative employment which is expected to continue for a period of a minimum of 6 months and he is so engaged for not less than 20 hours a week, or he together with his spouse are engaged in such employment for an aggregate of not less than 20 hours a week, and
(b) he is engaged in remunerative employment and he is so engaged for not less than 20 hours a week, or he together with his spouse are engaged in such employment for an aggregate of not less than 20 hours a week, in—
(i) the week in which the claim for supplement is made, or
(ii) either of the two weeks immediately preceding the week in which the claim for supplement is made, or
(iii) the week immediately following the week in which the claim for supplement is made.
(2) A person who is engaged in employment on a job-sharing basis shall not be regarded as being engaged in remunerative full-time employment as an employee, but account may be taken of the number of hours worked by that person in determining the aggregrate number of hours worked by that person's spouse.
8 Minimum payment of family income supplement.
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paragraphs: The prescribed weekly amount for the purpose of subsection (2) of section 232C of the Act shall be £5.
PART III Administration
Chapter 1 Claims and Payments
9 Claims to be made to the Minister.
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paragraphs: (1) Every claim for a supplement shall be made to the Minister in a form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances.
(2) Where a family, as defined in section 232A of the Act, comprises a person and his spouse both such persons shall join in any claim for supplement as respects that family.
(3) A claimant may withdraw his claim at any time before a decision has been made on it by giving notice to that effect in writing to the Minister.
10 Information to be given when making a claim for and obtaining payment of supplement.
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paragraphs: (1) Every person who makes a claim for a supplement shall furnish such certificates, documents, information and evidence as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.
(2) Every beneficiary and every person by whom or on whose behalf a supplement is receivable shall furnish in such manner and at such times as the Minister may determine such certificate, documents and information affecting the right to supplement or to the receipt thereof as the Minister may require.
11 Information to be supplied by employer.
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paragraphs: Where a claim for supplement is made by an employee, his employer shall on being so required by the Minister furnish to the Minister the following information relating to the employee—
(a) the nature of his employment,
(b) the total amount of gross earnings derived by the employee from his employment with the employer in respect of any period,
(c) the total number of hours worked by the employee in that employment in any period,
(d) any other relevant information that may be required by the Minister.
12 Time for payment of supplement.
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paragraphs: (1) Subject to sub-articles (3) and (5) of this article payment of a supplement shall be made with effect from the date on which the claim is received by the Minister or from the date on which the claimant becomes entitled to a supplement, whichever is the later.
(2) A supplement shall be paid weekly in advance on the Thursday of each week.
(3) Where the day from which payment or a change in the rate of payment of a supplement takes effect, is a day of the week other than a Thursday, payment or the change in the rate of payment of the supplement shall take effect as from and including the next Thursday.
(4) Where a supplement ceases to be payable as from and including a day of the week other than a Thursday, the supplement shall continue to be payable up to but not including the next Thursday.
(5) Where a beneficiary makes a claim not more than four weeks before or after the end of a period for which a supplement is paid, any supplement payable on foot of such claim shall be payable immediately from the end of the period in respect of which supplement was previously payable.
13 Manner of payment of supplement.
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paragraphs: (1) Supplement shall be paid by means of an order payable to the beneficiary, at such post office as the Minister, after enquiry from him, may determine.
(2) Where a supplement is payable, the Minister shall cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, a beneficiary may obtain a book of orders.
(3) A book of orders issued to any person shall remain the property of the Minister.
(4) Any person having a book of orders or any unpaid order shall, on the termination of the supplement to which such book or order relates or when requested by the Minister, deliver such book or order to such person as the Minister may direct.
14 Time and manner of payment of supplement.
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paragraphs: Notwithstanding anything contained in articles 12 and 13 of these Regulations, the Minister may in any particular case or class of case or in all cases arrange for the payment of a supplement otherwise than weekly in advance or otherwise than by means of orders payable to the beneficiary.
15 Extinguishment of right to supplement not obtained within the prescribed time.
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paragraphs: Where a supplement has been duly awarded to a claimant and is being paid to that claimant, the right to any sum payable by way of such supplement shall be extinguished where payment thereof is not obtained within three months or, where in any particular case the Minister so approves, six months from the date on which that sum is receivable under article 12 or 14 of these Regulations.
Chapter 2 Payments to Persons other than the Claimant.
16 Persons unable to act.
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paragraphs: (1) Where a claimant or beneficiary is unable for the time being to act, the Minister may appoint some other person to exercise on behfalf of such claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise under these Regulations and any such person may receive and deal with any sum payable by way of supplement on behalf of such claimant or beneficiary and the Minister may revoke such an appointment.
(2) Anything required to be done to a claimant or beneficiary in relation to a supplement may be done as respects a claimant or beneficiary who is unable to act to the person appointed under this article to act for such claimant or beneficiary.
(3) The receipt of a person appointed under this article to act for a claimant or beneficiary shall be a good discharge to the Minister for any sums paid to such person on behalf of the claimant or beneficiary.
17 Payment to appointed person.
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paragraphs: (1) The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with the supplement, on behalf of a claimant or beneficiary.
(2) The Minister may at any time revoke an appointment made under this article and a person appointed may resign on giving to the Minister one month's notice of his intention to do so.
(3) The receipt of a person appointed under this article shall be a good discharge to the Minister for any sums paid to such person on behalf of the claimant or beneficiary.
18 Nomination of agent.
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paragraphs: (1) A person who is entitled to supplement may, with the consent of the Minister, nominate any of the following persons to receive the supplement on his behalf—
(a) his spouse
(b) any other person subject to such conditions as the Minister thinks fit.
(2) Every nomination under sub-article (1) of this article may be revoked by notice in writing given to the Minister.
(3) The Minister may withdraw his consent to a nomination under sub-article (1) of this article and in such case the person so nominated shall, on receipt of a notice of such withdrawal, deliver to the Minister the order book issued to him.
(4) The receipt of a person nominated under this article shall be a good discharge to the Minister for any sums paid to such person on behalf of the beneficiary.
19 Payments on death.
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paragraphs: (1) Where a claimant dies and a decision has not yet been made regarding his claim to supplement such claim may be proceeded with in his name.
(2) Where a claimant or beneficiary dies, payment of the supplement shall continue to be made for a period of six weeks, or for the remainder of the 52 week period of payment under section 232D of the Act whichever is the lesser, after the date of death to a person who satisfies the Minister that he will apply the supplement for the benefit of any surviving member of the family in respect of which the supplement was payable.
(3) Where a beneficiary dies, any sums payable to him at the date of death may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased to or among such persons as appear to the Minister to be beneficially entitled thereto.
(4) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.
PART IV Miscellaneous
20 Payment on account.
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paragraphs: Where by a decision on revision or appeal it is decided that benefit under Part II or assistance under Part III of the Act is payable to a person in lieu of supplement payable to him by virtue of the original decision, any payments already made on account of the supplement in respect of any period covered by the decision on revision or appeal shall be treated as having been made on account of the benefit or assistance made payable by that decision.
21 Offences.
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paragraphs: A person who fails to comply with sub-article (2) of article 10, sub-article (4) of article 13 or sub-article (3) of article 18 of these Regulations shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000 and, in the case of a continuing offence, to a fine not exceeding £1,000 for each day on which the offence is continued.
22 Application of the Act.
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paragraphs: The provisions of the enactments mentioned in column (1) of Schedule A hereto shall apply to a supplement and in such application shall be modified so that the said provisions shall read as set out in column (2) of the said Schedule.