Social Welfare (Supplementary Welfare Allowances) Regulations, 1977

• Jurisdiction: Ireland
• Citation: IR SI 168/1977

S.I. No. 168 of 1977.
SOCIAL WELFARE (SUPPLEMENTARY WELFARE ALLOWANCES) REGULATIONS, 1977.
The Minister for Social Welfare, in exercise of the powers conferred on him by sections 4 , 8 , 11 , 20 , 21 and 25 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975 (No. 28 of 1975), hereby makes the following Regulations:—
PART I. GENERAL.
	1 Short Title.	1. These Regulations may be cited as the Social Welfare (Supplementary Welfare Allowances) Regulations, 1977.
	2 Commencement.	2. These Regulations shall come into operation on the 1st day of July, 1977.
	3 Interpretation.	3. In these Regulations unless the context otherwise requires: —
"the Act" means the Social Welfare (Supplementary Welfare Allowances) Act, 1975 (No. 28 of 1975);
"the Act of 1952" means the Social Welfare Act, 1952 (No. 11 of 1952);
"the Regulations of 1953" means the Social Welfare (General Benefit) Regulations, 1953 ( S.I. No. 16 of 1953 );
"allowance" means a supplementary welfare allowance granted under the Act including any element in respect of the needs of an adult or child dependant;
"institution" means a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto and any other establishment providing residence, maintenance or care for the persons therein.
	4 Persons in full-time employment.	4. Section 4 (1) of the Act shall not apply to a person becoming engaged in remunerative full-time work until the expiration of a period of 15 days after the commencement of the engagement.
	5 Registration for employment.	5. (1) The provisions of section 8 of the Act which enable a health board to determine that a person shall not be entitled to an allowance unless he is registered for employment shall not apply in respect of any of the following persons:—
( a ) a person over pensionable age as defined in section 2 (1) of the Act of 1952;
( b ) a person who satisfies the health board that he is incapable of work by reason of some specific disease or bodily or mental disablement.
(2) Where a health board determines under section 8 of the Act that the entitlement of any person to an allowance shall be subject to the condition that he is registered for employment he shall be required to be so registered by attending at an office or place appointed by the Minister for the purpose of claiming unemployment assistance under the Unemployment Assistance Acts, 1933 to 1977, on such occasions as he would be required to attend if he were claiming unemployment assistance and by there signing a form approved by the Minister which includes a declaration as to his unemployment and ability and willingness to do any suitable work.
	6 Additions to weekly amount of allowance and other income.	6. (1) The weekly amount of an allowance payable to a person to whom section 11 (1) (a) of the Act applies may be increased under the said section—
( a ) where the rent payable by such person, or by a person whose needs are aggregated with his under section 9 (2) (c) of the Act, in respect of his or their place of residence exceeds £1.50 a week;
( b ) where the person is living alone or only with persons who are dependent on him for support and such person has, due to his ill-health or infirmity or that of any of the persons living with him, exceptional needs by reason of his having to maintain a high standard of heating in his place of residence;
( c ) where the person or any dependant of his has, due to a health condition, special dietary needs, or
( d ) where, in circumstances other than those specified in paragraphs (a) to (c) above, the health board, by reason of the exceptional needs of such person, determines that the weekly payment is not sufficient to meet the person's needs.
(2) Subject to the provisions of sub-article (6) of this article, the amount of an increase of a weekly payment to be provided to a person under sub-article (1) of this article shall be as determined by the health board except that, in respect of rent, the amount of the increase shall be the amount by which the rent payable by the person, or by a person whose needs are aggregated with his under section 9 (2) (c) of the Act, exceeds £1.50 a week, or such part of that amount as the health board considers reasonable in the circumstances.
(3) Where a person to whom section 11 (1) (b) of the Act applies has income which is not sufficient to meet his needs, a weekly payment of an allowance may, subject to the provisions of sub-article (6) of this article, be made to him of such amount as, when taken together with his other income, is determined by the health board to be appropriate to meet such needs.
(4) For the purpose of sub-article (1) (a) of this article—
( a ) "rent" means rent and so much of any outgoings borne by the householder as is attributable to one week, including, in particular,
(i) rates payable to a local authority which does not operate a scheme for the waiver of rates under section 2 of the Local Government (Rates) Act, 1970 (No. 2 of 1970), and
(ii) such proportion as is for the time being attributable to interest, of any sum payable in respect of a mortgage debt entered into prior to the date on which the allowance commences to be payable and which is charged on the house in which such person resides, or on any interest in such house,
less any proceeds of sub-letting any part of the premises in respect of which the rent is paid or the outgoings are incurred;
( b ) Where a person other than an adult dependant or a child dependant of the householder resides other than as a sub-tenant in the premises for which the rent is paid, the amount payable in respect of rent under sub-article (2) of this article may be reduced by an amount not exceeding such part of that rent as is reasonably attributable to that other person.
(5) Where a health board determines that an increase of an allowance under sub-article (1) or an allowance under sub-article (3) of this article is payable to a person in respect of heating needs, such increase or allowance may be granted in the form of an allowance in kind where the health board considers it appropriate in the circumstances.
(6) An increase of a weekly payment of an allowance under sub-articles (1) and (2) or an allowance under sub-article (3) of this article shall not, without the consent of the Minister, exceed £5 a week.
	7 Footwear for child dependants.	7. A health board may, in accordance with the general directions of the Minister, arrange for the provision of footwear for a child dependant of a person who because of insufficient means is unable to provide such footwear.
	8 Persons in institutions.	8. (1) Subject to the provisions of sub-article (2) of this article, an allowance shall not be paid to or in respect of a person who is maintained in an institution.
(2) Where a person in receipt of an allowance, or in respect of whom an allowance is payable, is admitted to and maintained in an institution, the health board may make out of the allowance all or part of such of the following payments as the health board thinks proper in the circumstances to make and which fall to be made by the person, that is to say—
( a ) rent within the meaning of sub-article (4) of article 6 of these Regulations;
( b ) instalments under hire purchase or credit sale agreements;
( c ) reasonable personal expenses.
PART II. CLAIMS AND PAYMENTS.
	9 Claims to be made to health boards.	9. Every claim for an allowance shall be made in writing to a health board in the form for the time being approved by the Minister or in such other manner as may be acceptable to the health board in the circumstances of any particular case or class of cases.
	10 Information to be given when making a claim for allowance.	10. Every person who makes a claim for an allowance shall furnish such certificates, documents, information and evidence for the purpose of determining the claim as may be required by a health board and shall for that purpose attend, if so required, at such office or place as the board may direct.
	11 Time for making claims.	11. (1) A claim for an allowance shall be made not later than the first day of the period to which it relates.
(2) Notwithstanding anything contained in the foregoing sub-article a health board, where it is satisfied that there are exceptional circumstances so justifying in any particular case, may treat a claim as having been made on such date as it may determine.
	12 Time and manner of payment of allowance.	12. (1) An allowance shall be paid in accordance with a determination under the provisions of the Act as soon as is reasonably practicable after such determination has been made either—
( a ) by cheque issued by post to the residence of the beneficiary or any other person to whom the allowance is payable on behalf of the beneficiary, or
( b ) by such other means as may appear to the health board to be appropriate in any particular case or class of cases.
(2) Payments of an allowance shall be made not less frequently than weekly except where the weekly amount of the allowance is less than 50p in which case payment may be made at less frequent intervals.
(3) Notwithstanding anything contained in the foregoing sub-article, where a health board is satisfied that payment of an allowance less frequently than weekly would be appropriate in any particular case or class of cases it may, subject to the Minister's approval, arrange accordingly.
	13 Duration of claim.	13. (1) Save as otherwise provided by this article a determination of a health board granting an allowance shall be effective for a period not exceeding four weeks.
(2) A health board may, from time to time, in any case in which it is satisfied that the need for an allowance continues, extend for a period not exceeding thirteen weeks the period for which the allowance...