S.I. No. 454/2003 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) Regulations, 2003

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4 (as amended by section 17 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002)) and 170A(1) (b) (inserted by section 5 of the Social Welfare (Miscellaneous Provisions) Act, 2003 (No. 4 of 2003)) of the Social Welfare (Consolidation) Act, 1993 hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No.2 Regulations, 2003.

(2)    These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance Regulations, 1995 to 2003 shall be construed together as one and may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 to 2003.

Commencement.

2.  Theses Regulations come into operation on 29 September 2003.

Amendment to Principal Regulations.

3.  The Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 (S.I. 382 of 1995) are amended by inserting the following after article 35:

“36. (1) Subject to sub-article (2) for the purposes of section 170A(1) (b of the Principal Act, any periods during which the applicant was previously entitled to or in receipt of a relevant payment may be taken into account in calculating the 156 days, provided that not more than 13 weeks has elapsed since the applicant's last relevant payment.

(2) Periods referred to in sub-article (1) during which the applicant was entitled to or in receipt of a relevant payment will only be taken into account where successive periods are not separated by more than 13 weeks.

(3) In this article “relevant payment” has the meaning assigned in section 2 (3A) of the Principal Act.”.

EXPLANATORY NOTE

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

Section 5 of the Social Welfare (Miscellaneous Provisions) Act 2003 provided for the extension of entitlement to an increase for a qualified child aged between 18 and 22 years and in full-time education to recipients of Supplementary Welfare Allowance. This extension will apply to people who have been in receipt of the allowance for more than 26 weeks.

These regulations provide that for the purposes of Supplementary Welfare Allowance, periods spent on other Social Welfare payments may be used in calculating the required 26 week period. Such periods during which the applicant was entitled to or in receipt of another Social Welfare payment will only be taken into account where not more than 13 weeks has elapsed between any two successive claims.