S.I. No. 15/2015 - Social Welfare (Rent Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th January, 2015.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by sections 23 (adapted by the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 418 of 2011 )) and 28 (inserted by section 20 of the Housing (Miscellaneous Provisions) Act 2002 (No. 9 of 2002) and adapted by the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011) of the Housing (Private Rented Dwellings) Act 1982 (No. 6 of 1982), with the consent of the Minister for Public Expenditure and Reform, and by section 4 (adapted by sections 23 and 28 of the Housing (Private Rented Dwellings) Act 1982 ) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby make the following Regulations:

Citation and Construction

1. (1) These Regulations may be cited as the Social Welfare (Rent Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2015.

(2) These Regulations and the Social Welfare (Rent Allowance) Regulations 1998 to 2014 shall be construed together as one and may be cited together as the Social Welfare (Rent Allowance) Regulations 1998 to 2015.

Calculation of means

2. Article 8(1)(a) (amended by article 2 of the Social Welfare (Rent Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2014 ( S.I. No. 157 of 2014 )) of the Social Welfare (Rent Allowance) Regulations 1998 ( S.I. No. 188 of 1998 ) is amended—

(a) in subparagraph (viC), by substituting “the Residential Institutions Statutory Fund Board,” for “the Residential Institutions Statutory Fund Board, and”, and

(b) by inserting the following subparagraph after subparagraph (viC):

“(viD) 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”.

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

GIVEN under my Official Seal,

15 January 2015.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

16 January 2015.

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 the means test applying to the Rent Allowance Scheme for tenants of formerly controlled rented dwellings.