S.I. No. 179/1993 - Social Welfare (Lone Parent's Allowance and Other Analogous Payments) (Amendment) Regulations, 1993.

S.I. No. 179 of 1993.

SOCIAL WELFARE (LONE PARENT'S ALLOWANCE AND OTHER ANALOGOUS PAYMENTS) (AMENDMENT) REGULATIONS, 1993.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981 ) and by paragraph (2) of Rule 1A of the Third Schedule to that Act (inserted by section 13 of the Social Welfare Act, 1992 (No. 5 of 1992)), hereby makes the following Regulations:—

1 Short title and collective citation.

1. (1) These Regulations may be cited as the Social Welfare (Lone Parent's Allowance and Other Analogous Payments) (Amendment) Regulations, 1993.

(2) These Regulations and the Social Welfare (Lone Parent's Allowance and Other Analogous Payments) Regulations, 1990 to 1991, shall be construed together as one and may be cited together as the Social Welfare (Lone Parent's Allowance and Other Analogous Payments) Regulations, 1990 to 1993.

2 Assessment of means.

2. The Social Welfare (Lone Parent's Allowance and Other Analogous Payments) Regulations, 1990 ( S.I. No. 272 of 1990 ) are hereby amended by the substitution for Part IIIA (inserted by article 4 of the Social Welfare (Lone Parent's Allowance and Other Analogous Payments) (Amendment) (No. 2) Regulations, 1991 ( S.I. No. 262 of 1991 )) of the following Part—

"PART IIIA

ASSESSMENT OF MEANS

Disregard of proceeds from sale of principal residence.

16A. (1) The disregard in the calculation of means provided for in Rule 1A of the Third Schedule to the Act shall only apply where—

( a ) the claimant or beneficiary disposes of his principal residence for the purposes of—

(i) purchasing alternative accommodation which is or will be occupied by him as his only or main residence,

(ii) funding the renting of alternative accommodation which is or will be occupied by him as his only or main residence, or

(iii) funding the payment of fees to a nursing home which has been registered in accordance with section 4 of the Health (Nursing Homes) Act, 1990 (No. 23 of 1990),

( b ) (i) the sale of the principal residence of the claimant or beneficiary takes place on or after the commencement of these Regulations, and

(ii) the claimant or beneficiary has attained pensionable age at the date of sale, and

( c ) the gross proceeds are derived from the sale of a dwelling-house or part of a dwelling-house which is, or has been occupied by the claimant or beneficiary as his principal residence, or land which he has for his own occupation and enjoyment with that residence as its gardens or grounds up to an area not exceeding one acre.

(2) For the purposes of this article 'nursing home' has the meaning assigned in section 2 of the Health (Nursing Homes) Act, 1990 .

Proceeds limit.

16B. The limit prescribed for the purposes of Rule 1A of the Third Schedule to the Act shall be £75,000.".

4 Revocation.

4. The Social Welfare (Lone Parent's Allowance and Other Analogous Payments) (Amendment) (No. 2) Regulations, 1991 are hereby revoked.

GIVEN under the Official Seal of the Minister for Social Welfare, this 25th day of June, 1993.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations substitute existing regulatory provisions relating to the exemption from the assessment of means in the case of recipients of widow's (non-contributory) pension, lone parent's allowance, deserted wife's allowance and prisoner's wife's allowance of an amount up to £75,000 of the proceeds derived from the sale of the pensioner's principal residence.

These amendments are being made following the coming into force of section 13 of the Social Welfare Act, 1992 which brought into primary legislation provisions previously contained in Regulations.

The Regulations provide that the exemption will apply in the case of recipients (aged 66 or over) of the payments mentioned above who sell their house and either—

— purchases alternative accommodation,

— rents alternative accommodation, or

— moves into a private nursing home.

In addition, the Regulations provide that the maximum amount exempted from the means assessment will be £75,000.