S.I. No. 103/2000 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Rehabilitative Employment) Regulations, 2000

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by section 4 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rule 1 (2) (s) (ii) (as amended by section 21 (3) of the Social Welfare Act, 2000 (No. 4 of 2000)) of Part I and Rule 1 (4) (h) (ii) of Part II (inserted by section 26 of the Social Welfare Act, 1997 (No. 10 of 1997)) of the Third Schedule to the said Act hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) Regulations, 2000.

(2)  These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000.

Commencement.

2. These Regulations shall come into operation -

(a)  in so far as it relates to disability allowance on 5 April, 2000 and

(b)  in so far as it relates to blind pension on 7 April, 2000.

Definitions.

3. In these Regulations -

“the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 );

“the Regulations of 1998” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Rehabilitative Employment) Regulations, 1998 ( S.I. No. 185 of 1998 ).

Means assessment- disregards.

4. The Principal Regulations are amended by -

(a) the substitution in article 89B (as amended by article 4 (a) of the Regulations of 1998) for “£50” of “£75.00,” and

(b) the substitution for sub-article (1) of article 90A (as amended by article 4 (b) of the Regulations of 1998) of the following sub-article:

“(1) The amount prescribed for the purposes of Rule 1 (2) (s) (ii) of Part I of the Third Schedule to the Principal Act shall be the first £75.00 received by that person from weekly earnings from employment or weekly income from self-employment of a rehabilitative nature.”

EXPLANATORY NOTE

[This Note is not part of the Instrument and does not purport to be a legal interpretation.]

These Regulations provide for amendment of the means assessment for Disability Allowance and Blind Pension for the purposes of determining entitlement as follows:

*      an increase from £50 to £75 per week in the disregard applicable to earnings from rehabilitative employment in the case of Disability Allowance and Blind Pension, and

*      the extension of this £75 disregard to income from self-employment of a rehabilitative nature in the case of Disability Allowance.