S.I. No. 156/2014 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Assessment of Means) Regulations 2014.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Assessment of Means) Regulations 2014.

(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2014 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2014.

Calculation of means.

2. The Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (

S.I. No. 412 of 2007

) are amended by substituting the following article for article 36

“Calculation of means.

36. The income prescribed for the purposes of Reference 19 in Table 2 to Schedule 3 to the Principal Act shall be–

(

a

) all income derived from compensation awarded—

(i) by the Hepatitis C and HIV Compensation Tribunal,

(ii) by a court of competent jurisdiction to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin Anti-D, whole blood or other blood products,

(iii) by the Residential Institutions Redress Board,

(iv) in relation to disability caused by Thalidomide, or

(v) under the provisions of the

Health (Repayment Scheme) Act 2006

to a relevant person within the meaning of that Act,

(

b

) any payment or payments made directly or indirectly by or on behalf of the Minister for Justice, Equality and Defence to a relevant individual, within the meaning of section 205A of the

Taxes Consolidation Act 1997

, which has or have been determined in accordance with the Magdalen Commission Report dated May 2013 on the establishment of an

ex gratia

scheme and related matters for the benefit of those women who were admitted to and worked in the Magdalen Laundries,

or

(

c

) any payment made by the Residential Institutions Statutory Fund Board.”.

The Minister for Public Expenditure and Reform consents to the foregoing Regulations.

GIVEN under my Official Seal,

26 March 2014.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

26 March 2014.

JOAN BURTON,

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 any sums received by way of—

— payments which have been determined in accordance with the Magdalen Commission Report for the benefit of women who were admitted to and worked in the Magdalen Laundries, and

— payments awarded by the Residential Institutions Statutory Fund Board,

will be disregarded in the assessment of means for the purposes of the Supplementary Welfare Allowance scheme.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

1

st April

, 2014.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by section 4 (amended by

section 96

of the

Ministers and Secretaries (Amendment) Act 2011

(No. 10 of 2011)) of the

Social Welfare Consolidation Act 2005

(No. 26 of 2005), and by 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 for Public Expenditure and Reform, hereby make the following Regulations

Citation and construction.