S.I. No. 334/1997 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) Regulations, 1997


S.I. No. 334 of 1997.

SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) (AMENDMENT) REGULATIONS, 1997

The Minister for Social Community and Family Affairs, in exercise of the powers conferred on him by sections 4 , 179 and 188 of the Social Welfare (Consolidation) Act, 1993 and Rule 1(1)(o) (inserted by section 37 of the Social Welfare Act, 1996 (No. 7 of 1996)) of Part III 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 Supplementary Welfare Allowance) (Amendment) Regulations, 1997.

(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 to 1996 shall be construed together as one and may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 to 1997.

2 Definitions

2. In these Regulations

"the Principal Regulations" means the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 ( S.I. No. 382 of 1995 ); and

"the Regulations of 1996" means the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) Regulations, 1996 ( S.I. No. 190 of 1996 ).

3 Amendment of Principal Regulations

3. The Principal Regulations are hereby amended by

( a ) the insertion after sub-article (4) of Article 16 of the following sub-article:

" (5) Notwithstanding the provisions of these Regulations, in the case of a claimant who is awarded a supplement under this Part, any subsequent increase in the weekly rate of benefit or assistance payable to that claimant, as provided under the Second or Fourth Schedule of the Principal Act, shall not have the effect of reducing the rate of supplement below that which was payable before the said increase occurs.",

( b ) The insertion after article 33 (inserted by article 7 of the Regulations of 1996) of the following article:

"Calculation of means.

34. The income prescribed for the purposes of Rule 1(1) (o) of Part III of the Third Schedule to the Principal Act shall be the yearly value of all income derived from compensation awarded

( a ) by the Compensation Tribunal established by the Minister for Health on 15 December, 1995 or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C from the use of Human Immunoglobulin Anti-D, whole blood or other blood products, or

( b ) to persons who have disabilities caused by Thalidomide.".

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs this 21st day of July, 1997

DERMOT AHERN

Minister for Social, and Community Family

Affairs.

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

GIVEN under the Official Seal of the Minister for Finance this 23rd day of July, 1997

Charlie McCreevy

Minister for Finance

EXPLANATORY NOTE

These Regulations provide that budgetary increases in Social Welfare Payments shall not have the effect of reducing Dietary Supplements where such supplements are already in payment.

The Regulations also provide that compensation payments awarded to people who either—

have contracted Hepatitis C from certain blood products

or

have disabilities attributable to Thalidomide

shall be disregarded in the calculation of means for the Supplementary Welfare Allowance scheme.