S.I. No. 595/2014 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Assessment of Means) Regulations 2014.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd January, 2015.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by section 3 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), by section 4 (amended by section 96 of the Ministers and Secretaries (Amendment) Act 2011 (No. 10 of 2011)) of the Social Welfare Consolidation Act 2005 , and by sections 2(2)(c), 232 and 297 of, and Reference 19 in Table 2 to Schedule 3 to, the Social Welfare Consolidation Act 2005 , with the consent of the Minister for Public Expenditure and Reform, hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Assessment of Means) Regulations 2014.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2014 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2014.

Definition

2. In these Regulations “Regulations of 2014” means the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Assessment of Means) Regulations 2014 ( S.I. No. 155 of 2014 ).

Calculation of means

3. The Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) are amended—

(a) in article 8(3) (amended by article 2 of the Regulations of 2014), by inserting the following paragraph after paragraph (b):

“(ba) any ex gratia payments—

(i) approved by the Lourdes Hospital Redress Board under the terms of the Lourdes Hospital Redress Scheme 2007,

(ii) made under the terms of the Lourdes Hospital Payment Scheme established by the Minister for Health, or

(iii) made under the terms of the Surgical Symphysiotomy ex gratia Scheme established by the Minister for Health and referred to as the Symphysiotomy Payment Scheme,”,

(b) in article 155 (amended by article 2 of the Regulations of 2014), by inserting the following paragraph after paragraph (b):

“(ba) any ex gratia payments—

(i) approved by the Lourdes Hospital Redress Board under the terms of the Lourdes Hospital Redress Scheme 2007,

(ii) made under the terms of the Lourdes Hospital Payment Scheme established by the Minister for Health, or

(iii) made under the terms of the Surgical Symphysiotomy ex gratia Scheme established by the Minister for Health and referred to as the Symphysiotomy Payment Scheme,”,

and

(c) in article 174—

(i) by designating paragraph (ff) (inserted by article 2 of the Regulations of 2014) as paragraph (fa), and

(ii) by inserting the following paragraph after paragraph (fa):

“(fb) any ex gratia payments—

(i) approved by the Lourdes Hospital Redress Board under the terms of the Lourdes Hospital Redress Scheme 2007,

(ii) made under the terms of the Lourdes Hospital Payment Scheme established by the Minister for Health, or

(iii) made under the terms of the Surgical Symphysiotomy ex gratia Scheme established by the Minister for Health and referred to as the Symphysiotomy Payment Scheme, or”.

The Minister for Public Expenditure and Reform consents to the foregoing Regulations.

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GIVEN under my Official Seal,

16 December 2014.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

18 December 2014.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

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

These Regulations provide that any income received by way of ex gratia payments from—

— the Lourdes Hospital Redress Scheme 2007,

— the Lourdes Hospital Payment Scheme, and

— the Surgical Symphysiotomy ex gratia Scheme,

will be disregarded in the assessment of means for the purposes of weekly social assistance payments, increases for qualified adults and Family Income Supplement.