S.I. No. 303/1995 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) Regulations, 1995.

S.I. No. 303 of 1995.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 5) REGULATIONS, 1995.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 2 (3) (as amended by section 14 of the Social Welfare Act, 1995 (No. 3 of 1995)) and 4 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), Rule 1 (1) (as amended by section 23 of the Social Welfare Act, 1995 ) of Part I of the Third Schedule to the Social Welfare (Consolidation) Act, 1993 and Rule 1 (1) (as amended by section 23 of the Social Welfare Act, 1995 ) of Part II of the Third Schedule to the said Act, hereby makes the following Regulations:

1 Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) Regulations, 1995.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 and 1995 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 and 1995.

2 Definition.

2. In these Regulations, "the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

3 Full-time education.

3. Article 8 of the Principal Regulations is hereby amended by the substitution in sub-article (5) of "22 years" for "21 years".

4 Exemption from property assessment

4. Article 87A of the Principal Regulations (as inserted by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) Regulations, 1995 ( S.I. No. 242 of 1995 )) is hereby amended by the insertion in sub-article (1) after "to the said Act" of ", being property which though capable of investment or profitable use is not invested or put to profitable use by a person,".

GIVEN under the Official Seal of the Minister for Social Welfare, this 13th

day of November, 1995.

PROINSIAS DE ROSSA,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations increase, from 21 years to 22 years, the age referred to in existing provisions relating to full-time education, following on the extension of increases for dependent children to 21 year olds in full-time education, payable to recipients of long-term social welfare payments. The Regulations also confirm that the exemption from the assessment of means of a person's home or property which he or she has vacated due to old age or infirmity only applies where the home or property has not been invested or put to profitable use. This exemption is available where the person vacates their home on a temporary basis or indefinitely due to their old age or infirmity or where the person's property while offered for sale, remains unsold, for a specified period.