S.I. No. 716/2020 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 18) (Treatment Benefit- Payment by the Minister) Regulations 2020

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 18) (Treatment Benefit-Payment by the Minister) Regulations 2020.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2020 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2020.

Commencement

2. The 31st day of December 2020 at 11.00pm is appointed as the day on which and the time at which these Regulations shall come into operation.

Payment by the Minister

3. Article 105(2) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (

S.I. No. 142 of 2007

) is amended by the insertion of “or the United Kingdom,” after “Member State”.

GIVEN under my Official Seal,

22 December, 2020.

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.

)

Currently, article 105(2) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 provides that dental, optical or medical appliance treatment benefits covered by the Treatment Benefit Scheme, can be obtained in another Member State and the amount which would have been payable, as the case may be, to the audiologist, dentist, dispensing optician, ophthalmologist or optometrist -if the treatment was obtained in this State-will be payable to the claimant.

After the United Kingdom withdraws from the European Union, the effect of these Regulations will be to preserve the current position whereby a person who receives eligible treatment in the United Kingdom, continues to be entitled to receive the amount payable for the same treatment in this State.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

5

th January,

2021.

I, HEATHER HUMPHREYS, Minister Social Protection, in exercise of the powers conferred on me by sections 4 (as adapted by the Employment Affairs and Social Protection (Alteration of Name of Department and Title of Minister) Order 2020 (

S.I. No. 447 of 2020

)) and 138 (amended by

section 18

of the

Social Welfare Act 2016

(No. 15 of 2016)) of the

Social Welfare Consolidation Act 2005

(No. 26 of 2005), hereby make the following Regulations

Citation and construction