S.I. No. 170 of 2003

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 1) (MEANS ASSESSMENT) REGULATIONS, 2003

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by section 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ( Social Welfare (Consolidation) Act, 1993 ( No. 27 of 1993 ) and Rules 1 (2) (ss) and 1 (5) (both inserted by section 8 of the Social Welfare (Miscellaneous Provisions) Act, 2003 ( No. 4 of 2003 )) of Part I, Rule 1 (4) (s) (inserted by section 8 of the Social Welfare (Miscellaneous Provisions) Act, 2003) of Part II, and Rule 1 (3) (qq) (inserted by section 8 of the Social Welfare (Miscellaneous Provisions) Act, 2003) of Part IV, of the Third Schedule to the said Act hereby makes the following Regulations:

Citation and construction.

1.   (1)   These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Means Assessment) Regulations, 2003.

(2)   These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2003 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2003.

Commencement.

2.  These Regulations come into operation -

(a)    in so far as they relate to unemployment assistance, pre-retirement allowance and farm assist, on 30 April 2003,

(b)    in so far as they relate to disability allowance, on 7 May 2003, and

(c)    in so far as they relate to old age (non-contributory) pension, blind pension and widow's and widower's (non-contributory) pension, on 9 May 2003.

Definitions.

3.  In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

Assessment of means.

4.  The Principal Regulations are amended by:-

(a)    the substitution for Article 89C (inserted by article 8 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (One-parent Family Payment) Regulations, 1996 (S.I. 426 of 1996)) of the following article:

and

(b)    the insertion after article 90B (as amended by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance, Pre-Retirement Allowance and Farm Assist) Regulations, 1999 ( S.I. No. 324 of 1999 )) of the following article:

The Minister for Finance hereby consents to the making of the foregoing Regulations.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Social Welfare (Miscellaneous Provisions) Act, 2003 provides for the standardisation of the assessment of maintenance payments across the social assistance schemes by extending arrangements currently applicable to One-Parent Family Payment to Old Age and Widow(er)'s (Non-Contributory) Pensions, Unemployment Assistance, Pre-Retirement Allowance, Farm Assist and Disability Allowance. The amount of maintenance payments to be disregarded will be such amount as does not exceed a person's annual housing costs together with 50% of any amount in excess of those housing costs.

These Regulations provide that for the purposes of this disregard the maximum amount of a person's annual housing costs shall be EUR 4,951.98, which mirrors the amount applicable in the case of One-parent Family Payment.

The Act also provides for the abolition of the assessment of benefit and privilege provision in certain circumstances in the case of a person who has attained a prescribed age. These Regulations provide that, for the purposes of claims to Unemployment Assistance and Pre-Retirement Allowance, the assessment of benefit and privilege will no longer apply to persons aged 29 years or over.