S.I. No. 61/2018 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Assessment of Mean) Regulations 2018

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Assessment of Means) Regulations 2018.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2017 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2018.

Definition

2. In these Regulations “Regulations of 2014” means the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Assessment of Means) Regulations 2014 (

S.I. No. 595 of 2014

).

Calculation of means

3. The Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (

S.I. No. 142 of 2007

) are amended—

(

a

) in article 8(3) (amended by article 3 of the Regulations of 2014)—

(i) by the deletion of “or” after subparagraph (ba)(iii), and

(ii) by the insertion of the following paragraph after paragraph (ba)

“(bb) any

ex gratia

payments made under the Scheme of Compensation for Personal Injuries suffered at the Stardust, Artane on 14 February 1981,

or”,

(

b

) in article 155 (amended by article 3 of the Regulations of 2014)—

(i) by the deletion of “or” after subparagraph (ba)(iii), and

(ii) by the insertion of the following paragraph after paragraph (ba)

“(bb) any

ex gratia

payments made under the Scheme of Compensation for Personal Injuries suffered at the Stardust, Artane on 14 February 1981,

or”,

and

(

c

) in article 174 (amended by article 3 of the Regulations of 2014)—

(i) by the deletion of “or” after subparagraph (fb)(iii), and

(ii) by the insertion of the following paragraph after paragraph (fb)

“(fc) any

ex gratia

payments made under the Scheme of Compensation for Personal Injuries suffered at the Stardust, Artane on 14 February 1981,

or”.

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

GIVEN under my Official Seal,

22 February 2018.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

23 February 2018.

REGINA DOHERTY,

Minister for Employment Affairs and 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 income received by way of

ex gratia

payments awarded by the Stardust Victims’ Compensation Tribunal will be disregarded in the assessment of means for the purposes of weekly social assistance payments, increases for qualified adults and Working Family Payment.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

9

th March

, 2018.

I, REGINA DOHERTY, Minister for Employment Affairs and 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

, and by sections 2(2)(

c

), 232 and 297 of, and Reference 19 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