S.I. No. 44/2007 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement and Maximum Rents) Regulations 2007

S.I. No. 44 of 2007

SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) (AMENDMENT) (DIET SUPPLEMENT AND MAXIMUM RENTS) REGULATIONS 2007

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by section 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006) and section 198 of 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 Supplementary Welfare Allowance) (Amendment) (Diet Supplement and Maximum Rents) Regulations 2007.

(2)  These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995) shall be construed together as one and may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 to 2007.

Definitions.

2.  In these regulations -

“the Principal Regulations” means the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995); and

“the Regulations of 2005” means the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) Regulations 2005 (S.I. No. 386 of 2005).

Maximum amount of rent in respect of which a supplement is payable.

3.   The Principal Regulations are amended by:

(a)  substituting for paragraph (g) of sub-article 9(2) (as amended by article 4 of the Regulations of 2005) the following -

“(g)  the Executive 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 26 January 2007 and ending on 30 June 2008, shall be -

(I)        (A) the monthly amount set out in columns (6), (7) and (8) opposite that reference in respect of each of the counties Dublin, Wicklow and Kildare, or

(B) the weekly amount in all other cases,

set out in Schedule C to these Regulations in respect of such class or classes of persons referred to in row (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, and”,

(b)  the substitution for Schedule C (as amended by article 4 of the Regulations of 2005) of the following:

“Schedule C

Article 9

Diet Supplement

4.   (1)  The Principal Regulations are amended by -

(a) substituting for Article 16(2) (as inserted by the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement) Regulations 2006 (S.I. No 146 of 2006), the following:

“(2)  In the case of a claim for a supplement under this Part in respect of a qualified child, the amount of the supplement payable in respect of a week shall be:

(a)        where that qualified child has been prescribed a diet which is specified in subparagraph (i) of article 15(3), €3.50,

(b)        in the case of a diet specified in subparagraph (ii) of Article 15(3), €6.50,

(c)        in the case of a diet specified in subparagraph (iii) of Article 15(3), €9.50, and

(d)        in the case of a diet specified in subparagraph (iv) of Article 15(3), €13.00.”, and

(b) substituting for Schedule D (as inserted by the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement) Regulations 2006 (S.I. No. 146 of 2006), the following:

“SCHEDULE D

Article 16

(2)  Notwithstanding these Regulations, in the case of a claimant who is in receipt of an allowance in respect of his or her special dietary needs from the Health Service Executive on the commencement of these Regulations, the provisions of this article shall not have the effect of reducing the rate of supplement payable under this Part below that to which he or she was previously entitled.

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 revised rates of diet supplement under the Supplementary Welfare Allowance Scheme.

These regulations also provide for the continuation until 30 June 2008 of the levels of maximum rent, as set out in Schedule C, in respect of which rent supplement is paid. The Health Service Executive may, in respect of sub-divisions of its functional areas set levels below that provided for in these regulations.