S.I. No. 235/2003 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Means Assessment) Regulations, 2003

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4 (as amended by section 17 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002)) and 162 (as amended by section 17 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation Act, 1993 (No. 27 of 1993) and Rule 1 (2) (as amended by section 8 of the Social Welfare (Miscellaneous Provisions) Act, 2003 (No. 4 of 2003) of Part I, Rule 1(4) (as amended by section 20 of the Social Welfare Act, 1997 (No. 10 of 1997)) of Part II, Rule 1(1 (as amended by section 8 of the Social Welfare (Miscellaneous Provisions) Act, 2003 of Part III and Rule 1(3) (as amended by section 8 of the Social Welfare (Miscellaneous Provisions) Act 2003 ) of Part IV 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.2) (Means Assessment) Regulations, 2003.

(2)  These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2003 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2003.

Assessment of means.

2.  Article 89 of the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ) is amended by the substitution for sub-article (1) (as amended by article 2 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.2) (Means Assessment Regulations, 2002 ( S.I. No. 461 of 2002 )) of the following sub-article:

“(1)  The non-cash benefits prescribed for the purposes of Rules 1(2) of Part I, 1 (4) of Part II 1(1) of Part III and 1(3) of Part IV of the Third Schedule to the Principal Act shall be -

(a)  the net cash value to the person of his or her annual housing costs actually incurred and paid by a liable relative insofar as the cash value exceeds EUR 4,951.98 per annum,

and

(b)  the net cash value to the person of meals, accommodation and related services provided under a scheme administered by the Department of Justice Equality and Law Reform and known as direct provision where the costs are met in full by the State.”.

Saver.

3.   (1)  Article 2 of these Regulations shall not have the effect of reducing the rate of assistance payable to a person immediately before the commencement of these Regulations in relation to that assistance payment.

EXPLANATORY NOTE

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

Section 8 of the Social Welfare (Miscellaneous Provisions) Act 2003 provided for regulations to standardise the treatment of certain non-cash benefits in the assessment of means for certain Social Assistance schemes.

Regulations currently provide for the assessment of the non-cash benefit of the housing costs of a beneficiary which are paid by a liable relative and of Direct Provision Accommodation, as provided under a scheme operated by the Department of Justice Equality and Law Reform in the assessment of means for the purposes of the One-Parent Family Payment Scheme.

Direct provision accommodation is currently assessed as Benefit % Privilege for the purposes of Supplementary Welfare Allowance.

These Regulations will now standardise the treatment of such non-cash benefits in the assessment of means for One-Parent Family Payment, Unemployment Assistance, Pre-Retirement Allowance Disability Allowance, Widow's and Orphan's (Non-Contributory Allowance, Supplementary Welfare Allowance and Farm Assist.

The Regulations also provide that the rate of assistance payable to a person immediately before the commencement of these Regulations will not be reduced as a result of the new provisions.