S.I. No. 49/1985:

SOCIAL WELFARE (SUPPLEMENTARY WELFARE ALLOWANCES) (AMENDMENT) REGULATIONS, 1985.

SOCIAL WELFARE (SUPPLEMENTARY WELFARE ALLOWANCES) (AMENDMENT) REGULATIONS, 1985.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 209 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Social Welfare (Supplementary Welfare Allowances) (Amendment) Regulations, 1985.

(2) These Regulations and the Social Welfare (Supplementary Welfare Allowances) Regulations, 1977 to 1984 may be cited together as the Social Welfare (Supplementary Welfare Allowances) Regulations, 1977 to 1985.

2. In these Regulations--

"the Act" means the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"fuel allowance" means an increase of supplementary welfare allowance under section 209 (1) (a) of the Act or a supplementary welfare allowance under section 209 (1) (b) of the Act for the heating needs of a person.

3. Article 6 of the Social Welfare (Supplementary Welfare Allowances) Regulations, 1977 ( S.I. No. 168 of 1977 ) is hereby amended by the addition thereto of the following sub-articles:--

"(7) A fuel allowance may be paid for the period of 30 weeks beginning on the first Monday in October of each year to a person where:--

( a ) he is in receipt of any one of the following payments:--

(i) old age pension

(ii) blind pension

(iii) widow's (non-contributory) pension

(iv) deserted wife's allowance

(v) prisoner's wife's allowance

(vi) social assistance allowance

(vii) single woman's allowance

(viii) supplementary welfare allowance (other than an allowance only under section 209 (1) (b), 212 or 213 of the Act)

(ix) old age (contributory) pension

(x) retirement pension

(xi) invalidity pension

(xii) widow's (contributory) pension

(xiii) deserted wife's benefit

(xiv) disabled person's maintenance allowance or infectious diseases maintenance allowance under the Health Acts, 1947 to 1982

(xv) a special allowance under the Army Pensions Acts, 1923 to 1980;

( b ) he is living alone or with no person other than

(i) a dependent spouse or a dependent child or children,

(ii) a person or persons who would otherwise be qualified for fuel allowance,

(iii) a person who resides with him for the purpose of providing constant care and attention where he is considered by the health board to be so incapacitated as to require such care and attention, and

( c ) he is considered by the health board to be unable to provide for his heating needs.

(8) A fuel allowance may be paid to a person who is not in receipt of any of the payments specified in paragraph (a) of sub-article 7 where the person has attained 65 years of age and his income does not exceed the maximum rate of old age (contributory) pension appropriate in his case and provided the requirements of sub-article 7 (b) and (c) of this article are fulfilled.

(9) The weekly amount of fuel allowance under these Regulations shall be £4.

(10) A fuel allowance may not be granted under these Regulations to more than one person in any household and where more than one person in a household would but for this article be entitled to receive an allowance, the health board shall, in default of agreement between the persons, determine to which of the persons the allowance will be paid."

GIVEN under the Official Seal of the Minister for Social Welfare, this

18th day of February, 1985.

BARRY DESMOND,

Minister for Social Welfare.

The Minister for Finance hereby sanctions the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this

18th day of February, 1985.

ALAN DUKES,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations enable health boards to pay fuel allowances of a prescribed amount as supplements to other income under the Supplementary Welfare Allowances scheme in the 30-week period beginning on the first Monday in October each year. The categories of persons eligible are prescribed and comprise mainly social welfare pensioners and recipients of analogous payments or basic supplementary welfare allowances who are living alone or only with specified persons and are considered by the appropriate health board to be unable to provide for their heating needs. Persons over 65 who are not in receipt of one of the specified payments may also be eligible provided their income does not exceed the appropriate rate of old age (contributory) pension. It is also provided that an allowance may not be granted to more than one person in any household.