S.I. No. 281/1987 - Social Welfare (Supplementary Welfare Allowances) (Amendment) Regulations, 1987.

S.I. No. 281 of 1987.

SOCIAL WELFARE (SUPPLEMENTARY WELFARE ALLOWANCES) (AMENDMENT) REGULATIONS, 1987.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 209 and 219 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Social Welfare (Supplementary Welfare Allowances) (Amendment) Regulations, 1987.

(2) These Regulations and the Social Welfare (Supplementary Welfare Allowances) Regulations, 1977 to 1985 may be cited together as the Social Welfare (Supplementary Welfare Allowances) Regulations, 1977 to 1987.

2. Article 6 of the Social Welfare (Supplementary Welfare Allowances) Regulations, 1977 ( S.I. No. 168 of 1977 ) is hereby amended by—

( a ) the substitution in sub-articles (1) (a) and (2) of "£3" for "£1.50";

( b ) the substitution for sub-articles (3) of the following sub-article:

"(3) Where a person to whom section 209(1) (b) of the Social Welfare (Consolidation) Act, 1981 applies has income which is not sufficient to meet his needs, a weekly payment of an allowance may, subject to the provisions of sub-article (6) of this article, be made to him of such amount as, when taken together with his other income, is determined by the health board to be appropriate to meet such needs, such determination to relate to the circumstances specified in paragraphs (a), (b), (c) and (d) of sub-article (1) of this article";

( c ) the substitution for sub-article (4) of the following sub-article:

"(4) For the purpose of sub-article (1) (a) of this article—

( a ) "rent" means rent and so much of any outgoings borne by the householder as is attributable to one week, including such proportion as is for the time being attributable to interest, of any sum payable in respect of a mortgage debt entered into prior to the date on which the allowance commences to be payable and which is charged on the house in which such person resides, or on any interest in such house, less any proceeds of sub-letting any part of the premises in respect of which the rent is paid or the outgoings are incurred;

( b ) Where a person other than an adult dependant or a child dependant of the householder resides other than as a subtenant in the premises for which the rent is paid, the amount payable in respect of rent under sub-article (2) of this article may be reduced by an amount not exceeding such part of that rent as is reasonably attributable to that person.";

( d ) the substitution in sub-article (6) of "£10" for "£5".

3. ( a ) These Regulations shall come into operation on the 2nd day of November, 1987;

( b ) the amendments effected by article 2 (a) of these Regulations shall not apply to allowances and increases in allowances determined prior to the commencement of these Regulations or to reviews of such cases under article 13 of the Social Welfare (Supplementary Welfare Allowances) Regulations, 1977.

GIVEN under the Official Seal of the Minister for Social Welfare this 29th day of October 1987.

MICHAEL WOODS,

Minister for Social Welfare.

The Minister for Finance hereby sanctions the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 29th day of October 1987.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations amend article 6 of the Social Welfare (Supplementary Welfare Allowances) Regulations, 1977 ( S.I. No. 168 of 1977 ). That article prescribes the circumstances in which health boards can make additional payments of supplementary welfare allowance to meet special needs. One of the needs for which assistance can be provided is rent. A rent supplement can be granted where the rent exceeds a certain amount, currently £1.50 per week. The present regulations provide for an increase from £1.50 to £3 in this minimum figure.

Article 6 also provides that the consent of the Minister is required for any payment in excess of a certain amount, currently £5 a week. These Regulations provide for an increase from £5 to £10 in the amount which can be paid without Ministerial consent.

Payments under article 6 can be made to persons who are in receipt of basic weekly payments under the supplementary welfare allowances scheme or to other persons whose income is not sufficient for their needs. These Regulations provide that payments under the article to persons who are not in receipt of basic supplementary welfare allowance will be made on the same conditions as apply to persons in receipt of the basic allowance.

The Regulations also amend the definition of what constitutes rent for the purposes of article 6 so as to delete a provision which is now obsolete.