S.I. No. 527/2002 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) Regulations, 2002

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by section 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002)), 179 (as amended by paragraph 3 of the Sixth Schedule) and 188 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) (No. 1) Regulations 2002.

(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance Regulations, 1995 to 2002 shall be construed together as one and may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 to 2002.

Commencement.

2. These Regulations come into operation on 22 November 2002.

Amendment to regulations.

3. The Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 ( S.I. No. 382 of 1995 ) are amended by -

(a)  the substitution in sub-article 9 (2) for paragraph (g) of the following paragraph:

“(g)  the health board is satisfied that-

(i)       the claimant is in need of accommodation and is unable to provide for it from his or her own resources,

(ii)      the residence is reasonably suited to the residential and other needs of the claimant, and

(iii)     the rent payable by the claimant is just and proper having regard to the nature, character and location of the residence;

and for this purpose, the appropriate maximum amount of rent in respect of which a supplement is payable for the period commencing on 22 November 2002 and ending on 31 December 2003, shall be-

(i)     the amount as determined by the health board and set out in Schedule C to these Regulations in respect of such class or classes of persons referred to in column (1) of the said Schedule who are not living in shared accommodation, and

(ii)    the amount as determined by the health board and notified to the Department of Social and Family Affairs on or before 13 November 2002 in respect of any other class or classes of persons,

having regard to the family circumstances and the location of the residence of such persons.”,

(b) the insertion after sub-article 9 (2) of the following sub-article:

“(3)   A rent supplement shall not be payable where the amount of rent exceeds the appropriate maximum amount of rent as determined under paragraph (g) of sub-article (2) .”, and

(c) the insertion after Schedule B of the following Schedule:

“Schedule C                                                                                             Article 9

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

EXPLANATORY NOTE

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

These Regulations provide for the continuation until 31st December 2003 of the current levels of maximum rent, as determined by the Health Boards, in respect of which rent supplement is paid. They also provide that rent supplement shall not be payable where the level of rent paid exceeds the relevant maximum level determined by the health board.