S.I. No. 200/2006 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Assessment Of Maintenance) Regulations 2006

S.I. No. 200 of 2006

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 4) (ASSESSMENT OF MAINTENANCE) REGULATIONS 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005) and Rule 1(2) of Part 4 of Schedule 3 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. 4) (Assessment of Maintenance) Regulations 2006.

(2)  These Regulations and the Social Welfare (Consolidated Payments Provisions Regulations 1994 to 2006 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006.

Definitions.

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

Assessment of maintenance for rent and mortgage interest supplement.

3. Article 89 of the Principal Regulations is amended by substituting for paragraph (1)(aa) (as inserted by article 9 of the Social Welfare (Consolidated Supplementary Welfare Allowance (Amendment) Regulations 2005 ( S.I. No 54 of 2005 )) the following:

“(aa)  for the purposes of determining a rent or mortgage interest supplement payable to a person in accordance with the provisions of Part III of the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 ( S.I. No. 382 of 1995 ), the net cash value to the person of his or her annual housing costs actually incurred and paid by a liable relative, subject to a disregard of any amount in excess of €4,952 per annum and less than €8,072 per annum, together with half the amount in excess of €8,072 per annum and less than €9,632 per annum.”.

EXPLANATORY NOTE

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

These regulations provide for an increase in the income disregard for those receiving maintenance from a liable relative. For the purpose of deciding entitlement to a rent or mortgage interest supplement, the first €95.23 per week of maintenance is assessed in full any maintenance between €95.23 per week and €155.23 per week is disregarded, with half of any maintenance from €155.23 per week up to a maximum of €185.23 per week also disregarded.