S.I. No. 727/2003 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) Regulations, 2003

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 section 13 of the Social Welfare (Miscellaneous Provisions) Act, 2003 (No. 4 of 2003) 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. 3 Regulations, 2003.

(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance Regulations, 1995 to 2003 shall be construed together as one and may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 to 2003.

Commencement.

2. These Regulations come into operation -

(a) other than in the case of sub-articles 3(b) and 3(c), on 1 January, 2004, and

(b) in the case of sub-articles 3(b) and 3(c) on 5 January, 2004.

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) (as amended by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment (No. 1) Regulations, 2003) ( S.I. No. 527 of 2002 ) 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 1 January 2004 and ending on 30 June 2005, shall be -

(i) the amount 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, and

(ii) the amount as determined by the Minister for Social and Family Affairs 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 12(2) (as amended by the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment Regulations, 1996 ( S.I. No. 190 of 1996 ) of the following sub-article:

“(2A) In assessing the means of a person for the purposes of a supplement payable under this Part, any amount received by way of Family Income Supplement under Part V of the Principal Act shall be disregarded.”,

(c) substituting “EUR26” for “EUR 23” and “EUR 13” for “EUR 12”, in each place where those amounts occur, in article 12 (as amended by article 4 of the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment (No. 2) Regulations, 2002 ( S.I. No. 630 of 2002 ))

(d) article 16 of the Principal Regulations is amended by substituting “EUR 44” for “£27” and “EUR 57” for “£35”.

(e) the substitution for Schedule C of the following:

“Schedule C

Article 9

(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
Class of person	Eastern Region Health Authority Boards	Midlands Health Board	Mid-Western Health Board	North-Eastern Health Board	North-Western Health Board	South-Eastern Health Board	Western Health Board	Southern Health Board
	EUR	EUR	EUR	EUR	EUR	EUR	EUR	EUR
Single person in shared accommodation	93.00 per week	63.00 per week	60.00 per week	70.00 per week	65.00 per week	80.00 per week	65.00 per week	70.00 per week
Couple in shared accommodation	93.00 per week	63.00 per week	60.00 per week	70.00 per week	65.00 per week	80.00 per week	65.00 per week	70.00 per week
Single person	115.00 per week	85.00 per week	95.00 per week	85.00 per week	85.00 per week	115.00 per week	115.00 per week	95.00 per week
		(Counties Westmeath & Longford)		(Counties Monaghan & Cavan)
		95.00 per week (Counties Laois & offaly)		95.00 per week (Counties Louth & Meath)
Couple with no children	178.00 per week	115.00 per week	130.00 per week	121.00 per week	115.00 per week	130.00 per week	115.00 per week	153.00 per week
Couple
with 1 child or one-parent family with 1 child	953.00 per week	140.00 per week	150.00 per week	140.00 per week	140.00 per week	150.00 per week	175.00 per week	153.00 per week
Couple
with 2 children or one-parent family with 2 children	1,200 per month	160.00 per week	170.00 per week	153.00 per week	153.00 per week	170.00 per week	200.00 per week	190.00 per week
Couple
with 3 children or one-parent family with 3 children	1,200 per month	160.00 per week	185.00 per week	191.00 per week	170.00 per week	170.00 per week	200.00 per week	203.00 per week
”.

Saver.

4. (a) Subject to paragraph (b) of this article, sub-article 3 (d) of these Regulations shall not apply to a person who is in receipt of a supplement to which that article refers immediately before the coming into operation of these Regulations in relation to that supplement.

(b) Where after the coming into operation of the amendments referred to in paragraph (a) of this article, a person referred to in that paragraph ceases to be entitled to or in receipt of a supplement to which those amendments refer, the said paragraph shall cease to apply to that person.

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GIVEN under the Official Seal of the Minister for Social and Family Affairs this 17th day of December, 2003.

MARY COUGHLAN

Minister for Social and Family Affairs.

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

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Given under the Official Seal of the Minister for Finance this 18th day of December, 2003

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 for the continuation until 30th June 2005 of the levels of maximum rent, as set out in Schedule C, in respect of which rent supplement is paid. Health Boards may, in respect of sub-divisions of their functional areas set levels below that provided for in these Regulations. These Regulations also provide for:

• The disregard of any amount received by way of Family Income Supplement for the purposes of assessing means for Rent or Mortgage Interest Supplement. This measure comes into operation on 5 January, 2004.

• An increase from 23 to 26 in the amount of pension income disregard for the purpose of Rent and Mortgage Interest Supplement. This measure comes into operation on 5 January 2004.

• An increase in the minimum contribution payable by a recipient of Rent or Mortgage Interest Supplement. The minimum contribution is being increased from 12 to 13. This measure comes into operation on 5 January, 2004.

• Amendments to the amounts payable in respect of diet supplements. This measure comes into operation on 1 January 2004.