S.I. No. 727/2003 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) Regulations, 2003

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3 Regulations, 2003.

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

Commencement.

2. These Regulations come into operation -

(a) other than in the case of sub-articles 3(b) and 3(c), on 1 January, 2004, and

(b) in the case of sub-articles 3(b) and 3(c) on 5 January, 2004.

Amendment to regulations.

3. The Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (

S.I. No. 382 of 1995

) are amended by -

(a) the substitution in sub-article 9(2) (as amended by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment (No. 1) Regulations, 2003) (

S.I. No. 527 of 2002

) for paragraph (g) of the following paragraph

“(g) the health board 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 1 January 2004 and ending on 30 June 2005, shall be -

(i) the amount set out in Schedule C to these Regulations in respect of such class or classes of persons referred to in column (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.”,

(b) the insertion after sub-article 12(2) (as amended by the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment Regulations, 1996 (

S.I. No. 190 of 1996

) of the following sub-article

“(2A) In assessing the means of a person for the purposes of a supplement payable under this Part, any amount received by way of Family Income Supplement under Part V of the Principal Act shall be disregarded.”,

(c) substituting “EUR26” for “EUR 23” and “EUR 13” for “EUR 12”, in each place where those amounts occur, in article 12 (as amended by article 4 of the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment (No. 2) Regulations, 2002 (

S.I. No. 630 of 2002

))

(d) article 16 of the Principal Regulations is amended by substituting “EUR 44” for “£27” and “EUR 57” for “£35”.

(e) the substitution for Schedule C of the following

“Schedule C

Article 9

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Class of person

Eastern Region Health Authority Boards

Midlands Health Board

Mid-Western Health Board

North-Eastern Health Board

North-Western Health Board

South-Eastern Health Board

Western Health Board

Southern Health Board

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

Single person in shared accommodation

93.00

per week

63.00

per week

60.00

per week

70.00

per week

65.00

per week

80.00

per week

65.00

per week

70.00

per week

Couple in shared accommodation

93.00

per week

63.00

per week

60.00

per week

70.00

per week

65.00

per week

80.00

per week

65.00

per week

70.00

per week

Single person

115.00

per week

85.00

per week

95.00

per week

85.00

per week

85.00

per week

115.00

per week

115.00

per week

95.00

per week

(Counties Westmeath & Longford)

(Counties Monaghan & Cavan)

95.00

per week

(Counties Laois & offaly)

95.00

per week

(Counties Louth & Meath)

Couple with no children

178.00

per week

115.00

per week

130.00

per week

121.00

per week

115.00

per week

130.00

per week

115.00

per week

153.00

per week

Couple

with 1 child or one-parent family with 1 child

953.00

per week

140.00

per week

150.00

per week

140.00

per week

140.00

per week

150.00

per week

175.00

per week

153.00

per week

Couple

with 2 children or one-parent family with 2 children

1,200

per month

160.00

per week

170.00

per week

153.00

per week

153.00

per week

170.00

per week

200.00

per week

190.00

per week

Couple

with 3 children or one-parent family with 3 children

1,200

per month

160.00

per week

185.00

per week

191.00

per week

170.00

per week

170.00

per week

200.00

per week

203.00

per week

”.

Saver.

4. (a) Subject to paragraph (b) of this article, sub-article 3 (d) of these Regulations shall not apply to a person who is in receipt of a supplement to which that article refers immediately before the coming into operation of these Regulations in relation to that supplement.

(b) Where after the coming into operation of the amendments referred to in paragraph (a) of this article, a person referred to in that paragraph ceases to be entitled to or in receipt of a supplement to which those amendments refer, the said paragraph shall cease to apply to that person.

GIVEN

under the Official Seal of the Minister for Social and Family Affairs this 17th day of December, 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 18th day of December, 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.]

These Regulations provide for the continuation until 30th June 2005 of the levels of maximum rent, as set out in Schedule C, in respect of which rent supplement is paid. Health Boards may, in respect of sub-divisions of their functional areas set levels below that provided for in these Regulations. These Regulations also provide for

• The disregard of any amount received by way of Family Income Supplement for the purposes of assessing means for Rent or Mortgage Interest Supplement. This measure comes into operation on 5 January, 2004.

• An increase from 23 to 26 in the amount of pension income disregard for the purpose of Rent and Mortgage Interest Supplement. This measure comes into operation on 5 January 2004.

• An increase in the minimum contribution payable by a recipient of Rent or Mortgage Interest Supplement. The minimum contribution is being increased from 12 to 13. This measure comes into operation on 5 January, 2004.

• Amendments to the amounts payable in respect of diet supplements. This measure comes into operation on 1 January 2004.

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

section 12

of the

Social Welfare (Miscellaneous Provisions) Act, 2002

(No. 8 of 2002)), 179 (as amended by

section 13

of the

Social Welfare (Miscellaneous Provisions) Act, 2003

(No. 4 of 2003) and 188 of the

Social Welfare (Consolidation) Act, 1993

(No. 27 of 1993) hereby makes the following Regulations

Citation and construction.