S.I. No. 324/2003 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) Regulations, 2003

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) Regulations, 2003.

(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance Regulations, 1995 to 2002 shall be construed together as one and may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 to 2003.

Amendment of Principal Regulations.

3. The Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 (S.I. 382 of 1995) are amended by the substitution for article 34 (inserted by article 3 of the Social Welfare (Consolidated Supplementary Welfare Allowance (Amendment) Regulations, 1997 (S.I. 334 of 1997) of the following

“Calculation of means.

34. The income prescribed for the purposes of Rule 1 (1) (0) of part III of the Third Schedule 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 Immunoglobulin Virus within the State from the use of Human Immunoglobulin - Anti-D, whole blood or other blood products, or

(b) to persons who have disabilities caused by Thalidomide.”.

GIVEN

under the Official Seal of the Minister for Social and Family Affairs this 22nd day of July 2003.

MARY COUGHLAN

Minister for Social and Family Affairs.

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

GIVEN

under the Official Seal of the Minister for Finance this 16th day of July, 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.)

Regulations currently provide that any moneys received by way of compensation awarded to persons who have contracted Hepatitis C and to persons who have disabilities caused by Thalidomide will be disregarded in the assessment of means for Supplementary Welfare Allowance purposes.

These Regulations replace the existing provisions to extend this disregard to include any moneys received by way of compensation awarded by the Hepatitis C and HIV Compensation Tribunal or by a court of competent jurisdiction, to persons who have contracted HIV through contaminated blood products.

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4 (as amended by

section 17

of the

Social Welfare (Miscellaneous Provisions) Act, 2002

(No. 8 of 2002)) of the

Social Welfare (Consolidation) Act, 1993

and Rule 1 (1) (0) (inserted by

section 37

of the

Social Welfare Act 1996

(No. 7 of 1996)) of Part III of the Third Schedule to the said Act, hereby makes the following Regulations

Citation and construction.