S.I. No. 242/1995 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) Regulations, 1995.


S.I. No. 242 of 1995.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 4) REGULATIONS, 1995.

The Minister for Social Welfare in exercise of the powers conferred on him by section 4 (as amended by section 11 of the Social Welfare (No. 2) Act, 1995 (No. 23 of 1995)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), Rule 1 (1) (as amended by section 23 of the Social Welfare Act, 1995 (No. 2) of 1995) and Rule 1 (6) (inserted by section 11 of the Social Welfare (No. 2) Act, 1995 ) of Part I of the Third Schedule to the Social Welfare (Consolidation) Act, 1993 and Rule 1 (1) (as amended by section 23 of the Social Welfare Act, 1995 ) of Part II of the Third Schedule to the said Act, hereby makes the following Regulations:

1 Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) Regulations, 1995.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 and 1995 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 and 1995.

2 Definition.

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

3 Exemption from property assessment.

3. The Principal Regulations are hereby amended by the insertion after article 87 of the following article:

"87A.(1) The yearly value of any property mentioned in Rule 1 (1) of Part I of the Third Schedule to the Principal Act and Rule 1 (1) of Part II of the Third Schedule to the said Act shall not be regarded as the means of a person—

( a ) in the case of the house in which the claimant or beneficiary ordinarily resides, where the claimant or beneficiary vacates that house—

(i) on a temporary basis, or

(ii) indefinitely, as a consequence of his old age or incapacity,

or

( b ) in any other case, where the claimant or beneficiary has offered the property for sale, for the period, not exceeding 2 years from the date on which the property was offered for sale, in which the property remains unsold.

(2) In this article, 'house' means 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.".

4 Seasonal employment.

4. The Principal Regulations are hereby amended by the insertion after article 89 of the following article:

"89A. (1) For the purposes of Rule 1 (6) of Part I of the Third Schedule to the Principal Act, the value of any moneys derived by a person engaged in insurable employment of a seasonal nature shall be the average weekly earnings from such employment, having regard to the amount prescribed for the purposes of Rule 1 (2) (m) of Part I of the said Schedule, which that person may reasonably expect to receive during the period of seasonable employment.

(2) For the purposes of sub-article (1), in the absence of any other means of ascertaining it, the average weekly earnings may be determined by reference to the earnings actually received from insurable employment of a seasonal nature in the preceding year.".

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

this 7th day of September, 1995.

PROINSIAS DE ROSSA,

Minister for Social Welfare.

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

GIVEN under the Official Seal of the Minister for Finance,

this 7th day of September, 1995.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations exempt from the assessment of means for social assistance purposes (other than Supplementary Welfare Allowance) the capital value of a person's home where they vacate the home on a temporary basis or indefinitely due to old age or incapacity. In addition, where the person has offered the property for sale, the capital value will not be assessed for a period of two years from the date on which it was offered for sale.

These Regulations also prescribed the method of assessing the weekly earnings of a person derived from insurable employment of a seasonal nature for Unemployment Assistance purposes.