S.I. No. 146/2006 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement) Regulations 2006

S.I. No. 146 of 2006

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement) Regulations 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by section 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006) and 198 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following regulations:

Citation and construction.

1. (1) These regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement) Regulations 2006.

(2)  These regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 to 2006.

Commencement.

2.  These regulations come into operation on 3 April 2006.

Definitions.

3.  In these regulations -

“the Principal Regulations” means the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 ( S.I. No. 382 of 1995 ).

Diet supplements — amendments.

4.  The Principal Regulations are amended -

(1)  by substituting the following for Part IV:

“PART IV

DIET SUPPLEMENTS

Entitlement to diet supplement.

15.(1)  Subject to these Regulations, a claimant shall be entitled to a supplement towards the cost of a diet, being a diet specified for the purposes of this article, which his or her qualified adult or qualified child has been prescribed by virtue of a specified medical condition.

(2) The following diets are specified for the purposes of this article:

(i)       low lactose, milk free diet,

(ii)      gluten free diet,

(iii)     high protein, high calorie diet,

(iv)     altered consistency (liquidised) diet.

(3) It shall be a condition of any claimant's entitlement to a supplement under sub-article (1) that:

(a)        it is certified by a registered medical practitioner, in his or her capacity as a hospital consultant or a hospital registrar, that the claimant or a qualified adult or any qualified child of his or hers has been prescribed a diet specified for the purposes of this article by virtue of a specified medical condition, or

(b)        it is specified by a registered medical practitioner that the claimant or a qualified adult or any qualified child (of or over the age of 18 years) of his or hers has been prescribed a diet specified for the purposes of sub-article (2)(ii) by virtue of a specified medical condition, and

(c)        the nature and duration of the diet which has been prescribed is verified by the said medical practitioner or by a qualified dietician.

(4) A supplement under sub-article (1) shall not be payable for any period during which the person, who has been prescribed the diet, is in an institution.

(5) In this Part, save where the context otherwise requires, a ‘qualified child’ means in relation to any claimant, any child, not being a qualified adult who is dependent on that claimant for support and who is -

(a)        under the age of 18 years, or

(b)        of or over the age of 18 years and under the age of 22 years and is receiving full-time education within the meaning of article 8 of the Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ).

Amount of supplement.

16. (1) Subject to this article, the amount of weekly supplement payable, other than to a qualified child, in respect of a diet which is specified in article 15(2) shall be at the amount set out in column (2) opposite the specified diet shown in column (1) of Schedule D, less,

(a)        where the claimant is not in receipt of a supplement under Part III-

(i)         one sixth of the claimant's weekly means exclusive of any increase in any benefit or assistance payable under the Principal Act in respect of a qualified child (within the meaning of the Principal Act), in any case where the claimant is a spouse within the meaning of section 3(10) of the Principal Act,

(ii)        one third of the claimant's weekly means exclusive of any increase in any benefit or assistance payable under the Principal Act in respect of a qualified child (within the meaning of the Principal Act), in any other case, or

(b)        where the claimant is in receipt of a supplement under Part III-

(i)         one sixth of the weekly amount of supplementary welfare allowance set out in column (2) of Part 1 of Schedule 4 to the Principal Act, increased by the amount set out in column (3) of the said Part, in any case where the claimant is a spouse within the meaning of section 3(10) of the Principal Act,

(ii)         one third of the weekly amount of supplementary welfare allowance set out in column (2) of Part 1 of Schedule 4 to the Principal Act, in any other case.

(2) In the case of a claim for a supplement under this Part in respect of a qualified child, the amount of the supplement payable in respect of a week shall be:

(a)        where that qualified child has been prescribed a diet which is specified in subparagraph (i) of article 15(3), €7,

(b)        in the case of a diet specified in subparagraph (ii) of Article 15(3), €10,

(c)        in the case of a diet specified in subparagraph (iii) of Article 15(3), €13, and

(d)        in the case of a diet specified in subparagraph (iv) of Article 15(3), €16.50.

(3)  Notwithstanding the provisions of these Regulations, in the case of a claimant who is in receipt of an allowance in respect of his or her special dietary needs from the Health Service Executive on the commencement of these Regulations, the provisions of this article shall not have the effect of reducing the rate of supplement payable under this Part below that to which he or she was previously entitled.

Duration of supplement.

17.  Subject to these Regulations, a supplement payable under this Part shall continue to be payable for so long as the claimant continues to satisfy the conditions set out in article 15.”, and

(2)  by inserting the following Schedule after Schedule C (as substituted by article 4 of the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No.1) Regulations 2005 ( S.I. No. 386 of 2005 )):

“SCHEDULE D

Article 16

”.

The Minister for Finance hereby consents to the making of the foregoing regulations.

EXPLANATORY NOTE

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

These Regulations provide for revised rates of diet supplement under the Supplementary Welfare Allowance Scheme. The Regulations streamline the range of specified diets under the scheme and extend the scope of the scheme to certain qualified child dependants aged 18 or over and under 22 in full-time education.

The Regulations shall come into operation for new claimants with effect from 3 April 2006.