S.I. No. 433/2024 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Assessment of Means) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th September, 2024.

I, HEATHER HUMPHREYS, Minister for Social Protection, in exercise of the powers conferred on me by section 4 (amended by section 10 of the Social Welfare Act 2020 (No. 30 of 2020)) of the Social Welfare Consolidation Act 2005 , and by sections 2(2)(c), 232 and 297 of, and Reference 19 (amended by section 26 of the Social Welfare and Pensions Act 2010 (No. 37 of 2010)) in Table 2 to Schedule 3 to, the Social Welfare Consolidation Act 2005 , with the consent of the Minister of Public Expenditure, National Development Plan Delivery and Reform, hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Assessment of Means) Regulations 2024.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2024 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2024.

Commencement

2. These Regulations come into operation on 1 August 2024.

Definitions

3. In these Regulations, “Regulations of 2024” means the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Income Disregard) Regulations 2024 ( S.I. No. 140 of 2024 ).

Assessment of Means

4. The Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 are amended —

(a) in article 8(3), (amended by article 3(a) of the Regulations of 2024) by the insertion of the following paragraphs after paragraph (dd):

“(de) an amount up to a maximum of €7,000.00 per annum from payments made by the Department of Further and Higher Education, Research, Innovation and Science’s Student Accommodation Assistance Fund,

(df) an amount up to a maximum of €7,000.00 per annum from payments made by Co-operative Housing Ireland’s Scholarship Programme,”,

(b) in article 155, (amended by article 3(b) of the Regulations of 2024) by the insertion of the following paragraphs after paragraph (dac):

“(dad) an amount up to a maximum of €7,000.00 per annum from payments made by the Department of Further and Higher Education, Research, Innovation and Science’s Student Accommodation Assistance Fund,

(dae) an amount up to a maximum of €7,000.00 per annum from payments made by Co-operative Housing Ireland’s Scholarship Programme,”,

and

(c) in article 174, (amended by article 9 of the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Child Maintenance and Liable Relatives) Regulations 2024 ( S.I. No. 262 of 2024 )) by the insertion of the following paragraphs after paragraph (id):

“(ie) an amount up to a maximum of €7,000.00 per annum from payments made by the Department of Further and Higher Education, Research, Innovation and Science’s Student Accommodation Assistance Fund,

(if) an amount up to a maximum of €7,000.00 per annum from payments made by Co-operative Housing Ireland’s Scholarship Programme,”.

The Minister for Public Expenditure, National Development Plan Delivery and Reform consents to the foregoing Regulations.

GIVEN under my Official Seal,

28 August, 2024.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

GIVEN under my Official Seal,

28 August, 2024.

HEATHER HUMPHREYS,

Minister for Social Protection.

EXPLANATORY NOTE

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

These Regulations provide that scholarship payments to a maximum of €7000.00 per annum paid by either by the Department of Further and Higher Education, Research, Innovation and Science’s Student Accommodation Assistance Fund or Co-operative Housing Ireland’s Scholarship Programme to a person will be disregarded in the means test for social assistance payments, increases for qualified adults and the Working Family Payment.