S.I. No. 497/2006 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Compensation Payments) Regulations 2006

S.I. No. 497 of 2006

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 11) (COMPENSATION PAYMENTS) REGULATIONS 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 3 and 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)) and Reference 19 of Table 2 of Schedule 3 to the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

Citation and construction.

1.  (1)  These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Compensation Payments) Regulations 2006.

(2)  These Regulations and the Social Welfare (Consolidated Payments Provisions Regulations 1994 to 2006 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006.

Compensation payments.

2.  The Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ) are amended -

(a)  by the insertion after article 6B(2) (as substituted by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.1) (Miscellaneous Provisions Regulations 2001 ( S.I. No. 103 of 2001 ) of the following:

“(2A). In calculating or estimating the weekly income under sub-article (1) any sums received from compensation awarded -

(a)  by the Compensation Tribunal established by the Minister for Health on 15 December, 1995, the Hepatitis C Compensation Tribunal established under section 3 of the Hepatitis C Compensation Tribunal Act 1997 (No. 34 of 1997), the Hepatitis C and HIV Compensation Tribunal established under section 2 of the Hepatitis C Compensation Tribunal (Amendment) Act 2002 (No. 21 of 2002), or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin - Anti-D, whole blood or other blood products,

(b)  by the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act, 2002 (No.13 of 2002),

(c)  to persons who have disabilities caused by Thalidomide, or

(d)  under the provisions of the Health (Repayment Scheme) Act 2006 (No. 17 of 2006) to a relevant person (within the meaning of that Act),

shall be disregarded.”.

(b)  by the substitution for article 90B (inserted by article 2 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.5) (Compensation Payments Regulations 2003 (S.I. 427 of 2003)) of the following:

“90B. The income prescribed for the purposes of Reference 19 of Table 2 of Schedule 3 to the Principal Act shall be the yearly value of all income derived from compensation awarded -

(a)  by the Compensation Tribunal established by the Minister for Health on 15 December, 1995, the Hepatitis C Compensation Tribunal established under section 3 of the Hepatitis C Compensation Tribunal Act 1997 (No. 34 of 1997), the Hepatitis C and HIV Compensation Tribunal established under section 2 of the Hepatitis C Compensation Tribunal (Amendment) Act 2002 (No. 21 of 2002), or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin - Anti-D whole blood or other blood products,

(b)  by the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act, 2002 (No.13 of 2002),

(c)  to persons who have disabilities caused by Thalidomide, or

(d)  under the provisions of the Health (Repayment Scheme) Act 2006 (No. 17 of 2006) to a relevant person (within the meaning of that Act).”.

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.)

Regulations currently provide that any moneys received by way of compensation awarded to persons -

•    who have contracted Hepatitis C or HIV,

•    who have disabilities caused by Thalidomide, and

•    by the Residential Institutions Redress Board

will be disregarded in the assessment of means for social assistance purposes.

These Regulations replace the existing provisions to extend this disregard to include any moneys received by a way of compensation awarded under the provisions of the Health (Repayment Scheme) Act 2006 .