S.I. No. 130/2019 - Social Welfare (Consolidated Claims, Payments And Control) (Amendment) (No. 7) (Assessment Of Means) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th April, 2019.

I, REGINA DOHERTY, Minister for Employment Affairs and Social Protection, in exercise of the powers conferred on me 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 (No. 26 of 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. 7) (Assessment of Means) Regulations 2019.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2019 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2019.

Definition

2. In these Regulations “Regulations of 2018” means the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Assessment of Means) Regulations 2018 (S.I. No. 654 of 2018).

Calculation of means

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

(a) in article 8(3) (amended by article 3(a) of the Regulations of 2018) -

(i) by the deletion of “or” after paragraph (f),

(ii) by the substitution of “2006,” for “2006.” in paragraph (g), and

(iii) by the insertion of the following paragraph after paragraph (g):

“or

(h) any payments made by the Minister for Education and Skills as part of the School Transport Scheme for Children with Special Educational Needs in the form of the Special Transport Grant.”,

(b) in article 155 (amended by article 3(b) of the Regulations of 2018) -

(i) by the deletion of “or” after paragraph (f),

(ii) by the substitution of “2006,” for “2006.” in paragraph (g), and

(iii) by the insertion of the following paragraph after paragraph (g):

“or

(h) any payments made by the Minister for Education and Skills as part of the School Transport Scheme for Children with Special Educational Needs in the form of the Special Transport Grant.”,

and

(c) in article 174 (amended by article 3(c) of the Regulations of 2018) -

(i) by the deletion of “or” after paragraph (k),

(ii) by the substitution of “2006,” for “2006.” in paragraph (l), and

(iii) by the insertion of the following paragraph after paragraph (l):

“or

(m) any payments made by the Minister for Education and Skills as part of the School Transport Scheme for Children with Special Educational Needs in the form of the Special Transport Grant.”.

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

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GIVEN under my Official Seal,

24 March 2019.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

26 March 2019.

REGINA DOHERTY,

Minister for Employment Affairs and 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 payments made by the Minister for Education and Skills as part of the School Transport Scheme for Children with Special Educational Needs in the form of the Special Transport Grant will be disregarded in the assessment of means for the purposes of weekly social assistance payments, increases for qualified adults and the Working Family Payment.