S.I. No. 101/2001 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) Regulations, 2001

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 11 of the Social Welfare Act, 2000 (No. 4 of 2000)) and 179 (as amended by the sixth schedule) of the Social Welfare (Consolidation Act), 1993 (No. 27 of 1993) hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) Regulations, 2001.

(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 to 2000 shall be construed together as one and may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 to 2001.

Interpretation.

2. In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Supplementary Allowance) Regulations, 1995 ( S.I. No. 382 of 1995 ).

Commencement.

3. These Regulations shall come into operation on 2 April, 2001.

Amendment to Principal Regulations.

4. The Principal Regulations are hereby amended by -

(a) the substitution for article 12 of the following article;

“Amount of supplement.

12. (1) Subject to these Regulations, the amount of a supplement payable under this Part to a claimant in respect of a week shall be -

(a) in the case of a claimant who has attained the age of 65 years, £5 per week plus the difference between his weekly needs less £6 and his weekly means, less the weekly amount of rent or mortgage interest, as the case may be, payable by him, or

(b) in the case of a claimant who has not attained the age of 65 years, the difference between his weekly needs less £6 and his weekly means, less the weekly amount of rent or mortgage interest, as the case may be, payable by him;

Provided that the amount so payable shall not exceed such amount as the health board considers reasonable to meet the residential needs of the claimant.

(2) Where a person, other than a qualified adult or a qualified child of the claimant, resides with the claimant other than as a subtenant, the health board shall reduce the amount of the supplement payable, by such amount, which in the opinion of the health board, is reasonably attributable to that other person.

(3) In the case of a person to whom article 6(7) of the Social Welfare (Supplementary Welfare Allowance) Regulations, 1977 to 1994 applied on commencement of the Principal Regulations, sub-article (1) shall be construed as if ‘£4.50’ were substituted for ‘£6.00’.”, and

(b) the substitution in article 13 for “£21” of “£31” and for “£19” of “£29”.

	GIVEN under the Official Seal of the Minister for Social Welfare this 26th day of March, 2001.
	DERMOT AHERN
	Minister for Social, Community and Family Affairs.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

	GIVEN under the Official Seal of the Minister for Finance this 27th day of March, 2001.
	CHARLIE MC CREEVY
	Minister for Finance.

EXPLANATORY NOTE

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

These Regulations provide a disregard of £5 per week for pensioners in the assessment of means for the purposes of Rent or Mortgage Interest Supplement. The regulations also increase the maximum amount of Rent Supplement payable to tenants in voluntary housing developments funded through the local authority Capital Assistance scheme from £21 to £31 for couples and £19 to £29 in all other cases.