Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007

• Published date: 10 July 2007
• Statutory Instrument No.: 412/2007

S.I. No. 412 of 2007

SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) REGULATIONS 2007

ARRANGEMENT OF ARTICLES

PART 1

Preliminary

Article.

1. Citation.

2. Commencement.

3. Definitions.

4. Interpretation.

5. Revocations.

PART 2

General Provisions

6. Persons in full-time work.

7. Persons in full-time education.

8. Registration for employment.

PART 3

Rent and Mortgage Supplements

9. Entitlement to rent supplement.

10. Entitlement to mortgage supplement.

11. Duration of supplement.

12. Amount of supplement.

13. Amount of supplement in certain cases.

14. Saver.

PART 4

Diet Supplement

15. Entitlement to diet supplement.

16. Amount of supplement.

17. Duration of supplement.

PART 5

Claims and Payments

18. Claims.

19. Information to be given when making claim.

20. Prescribed time for making claim.

21. Claims made outside prescribed time.

22. Extension of time for making claim.

23. Provision of information.

24. Administration of payment.

25. Time and manner of payment.

26. Extinguishment of right to payment.

27. Nominated persons.

28. Persons unable to act.

29. Payment to appointed persons.

30. Payment to appointed person living together with applicant.

31. Provisions relating to appointments.

32. Offences.

PART 6

Miscellaneous

33. Earnings disregard — supplementary welfare allowance.

34. Prescribed age for the purposes of benefit and privilege.

35. Assessment of means — non-cash benefits.

36. Calculation of means.

37. Relevant payments — linked claims.

38. Payment in exceptional circumstances.

39. Application of Principal Act.

PART 7

Determinations and Appeals

40. Determination by employee of the Executive.

41. Submission of appeal and information to be supplied by appellant.

42. Notification of appeal and information to be supplied.

43. Further information to be supplied and amendment of pleadings.

44. Determination of designated employee.

SCHEDULE 1

Maximum Rent Limits

SCHEDULE 2

Amount of Diet Supplement

SCHEDULE 3

Application of Principal Act

SCHEDULE 4

Revocations

S.I. No. 412 of 2007

SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th July, 2007.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4, 188, 190, 191, 194, 195, 198, 241, 242, 244, 251, 294, 295, 312 and 330, Rules 1(2), 1(2)(b)(iv) and 1(5)(a) of Part 4, and reference 19 of Table 2 of Schedule 3 to the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

PART 1 Preliminary

Citation.

1. These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007.

Commencement.

2. These Regulations come into operation on 2 July 2007.

Definitions.

3. In these Regulations, save where the context otherwise requires—

“bank” means the holder of a licence under section 9 of the Central Bank Act 1971 , or a trustee savings bank certified under the Trustee Savings Banks Act 1989 ;

“beneficiary” means a person who is entitled to supplementary welfare allowance;

“building society” means a building society within the meaning of the Building Societies Act 1989 ;

“claimant” means a person who has made a claim for supplementary welfare allowance;

“credit union” means a society which is—

(a) registered as a credit union under the Industrial and Provident Societies Acts 1893 to 1978, by virtue of the Credit Union Act 1997 , or

(b) registered under the Industrial and Provident Societies Acts (Northern Ireland) 1969 and 1976 of the British Parliament;

“Executive” means the Health Service Executive;

“hospital consultant” means a registered medical practitioner in hospital practice who, by reason of his or her training, skill and experience in a designated speciality, is consulted by other registered medical practitioners and undertakes full clinical responsibility for patients in his or her care on which he or she has been consulted, without supervision in professional matters by any other person;

“housing authority” has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992);

“institution” means a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto and any other similar establishment providing residence, maintenance or care for the persons therein, a prison or place of detention;

“loan” means any loan or advance or any other arrangement by virtue of which interest is paid or payable to a bank, building society, credit union, housing authority or the Housing Finance Agency plc;

“Minister” means the Minister for Social and Family Affairs;

“mortgage interest” means such proportion of a loan as is for the time being attributable to interest, other than interest payable by virtue of a delay or default in making a repayment under the loan agreement, entered into by the claimant for the purpose of defraying money employed in the purchase, repair or improvement of a residence or in paying off another loan used for such purpose;

“qualified dietitian” means a member of, or a person who holds a qualification that is recognised by, the Irish Nutrition and Dietetic Institute;

“refusal”, for the purposes of paragraph (f) of article 9(2), includes a failure to accept within such time limit or in such manner as is specified by the relevant housing authority or other approved body for acceptance;

“registered medical practitioner” means a person whose name is entered on the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act 1978 (No. 4 of 1978);

“rent” includes any periodical payment in the nature of rent made in return for a special possession of a dwelling or for the use, occupation or enjoyment of a dwelling, but does not include so much of any rent or payment as—

(a) relates to the provision of goods or services,

(b) is paid or made to defray the cost of maintenance of, or repairs to, a dwelling for which in the absence of agreement to the contrary the tenant would be liable, or

(c) relates to any right or benefit other than the bare right to use, occupy and enjoy the dwelling as a residence;

“residence” means a residential premises, other than an institution, that is used as the sole or main residence of the claimant;

“residential premises” means a building or part of a building, used or suitable for use, as a dwelling and any land which the occupier of a building or part of a building used as a dwelling has for his or her own occupation and enjoyment with the said building or part thereof as its garden;

“supplement” means a supplement payable by virtue of article 9, 10, 15, or 38, as the case may be;

“supplementary welfare allowance” means an allowance in cash or in kind granted under Chapter 9 of Part 3 of the Principal Act;

“tenant” means a person for the time being entitled to the occupation of any residential premises by virtue of any contract, agreement or license under or in respect of which rent is paid;

“the Principal Act” means the Social Welfare Consolidation Act 2005 (No. 26 of 2005).

Interpretation.

4. In these Regulations, save where the context otherwise requires—

(a) a reference to a Part, Chapter or section, is to a Part, Chapter or section of the Principal Act,

(b) a reference to a Schedule is to a Schedule to these Regulations,

(c) a reference to an article is to an article of these Regulations,

(d) a reference to a sub-article is to a sub-article of the article in which the reference occurs, and

(e) a reference to a paragraph is to a paragraph of the sub-article or article in which the reference occurs.

Revocations.

5. The Regulations specified in column (2) of Schedule 4 to these Regulations are hereby repealed to the extent specified in column (3) of that Schedule.

PART 2 General Provisions

Persons in full-time work.

6. (1) Section 191(1) shall not apply to a person on becoming engaged in remunerative full-time work until the expiration of a period of 30 days after the commencement of the engagement or the date on which the claimant first receives remuneration, whichever is the earlier.

(2) A person shall not be disqualified for receiving supplementary welfare allowance while engaged in remunerative full-time work where that person is participating in—

(a) a scheme, known as the Area Allowance Enterprise Scheme, approved by a company, known as an Area Partnership, in consultation with the Minister,

(b) a scheme, administered by An Foras Áiseanna Saothair and known as Community Employment, or

(c) a scheme administered by the Minister and known as the Back to Work Allowance Scheme.

(3) A person shall be regarded as being engaged in remunerative full-time work where he or she is so engaged for not less than 30 hours per week.

Persons in full-time education.

7. A person shall not be disqualified for receiving supplementary welfare allowance while attending a course of study within the meaning of section 148 where that person is participating in—

(a) a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

(b) a scheme administered by the Minister and known as—

(i) the Second Level Initiative,

(ii) the Third Level Allowance,

(iii) the Part-time Education Initiative, or

(c) such other course of education as the Minister may, from time to time, approve.

Registration for employment.

8. (1) The provisions of section 195(a) which enable the Executive to determine that a person shall not be entitled to supplementary welfare allowance unless he or she is registered for employment shall not apply to a...