S.I. No. 613/2024 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Disregard of Proceeds from Sale of Principal Residence – Disability Allowance, State Pension (Non-Contributory) and Blind Pension) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th November, 2024.

I, HEATHER HUMPHREYS, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 (amended by section 14 and reference 1 of the Schedule to the Social Welfare (Miscellaneous Provisions) Act 2024 (No. 24 of 2024)) and by Rule 2 of Part 2, Rule 3 of Part 3 and Rule 3 of Part 5 of Schedule 3 to the Social Welfare Consolidation Act 2005 (No. 26 of 2005) 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. 11) (Disregard of Proceeds from Sale of Principal Residence – Disability Allowance, State Pension (Non-Contributory) and Blind Pension) 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.

Definitions

2. In these Regulations—

“Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007.

Commencement

3. These Regulations come into operation on 1 January 2025.

Disregard of proceeds from sale of principal residence – disability allowance, State pension (non-contributory) and blind pension

4. The Principal Regulations are amended in article 158(2) by the substitution of “€337,500” for “€190,500”.

GIVEN under my Official Seal,

31 October, 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.)

Schedule 3 to the Social Welfare Consolidation Act 2005 provides for a disregard, by way of Regulations, of an amount of the gross proceeds derived from the sale of the principal residence in the calculation of means of the claimant or beneficiary of Disability Allowance, State Pension (Non-Contributory) and Blind Pension in circumstances where the claimant or beneficiary disposes of his or her principal residence to move into a private nursing home or more suitable alternative accommodation.

These Regulations provide for an increase in the disregard applicable in such cases.

The disregard to be applied in such circumstances is being increased from €190,500 to €337,500.

The increase forms part of the Budget measures announced on 1 October 2024 and will have effect from 1 January 2025.