S.I. No. 109/2021 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Income Disregard) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th March, 2021.

I, HEATHER HUMPHREYS, Minister for Social Protection, in exercise of the powers conferred on me by section 4 (adapted by the Employment Affairs and Social Protection (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 447 of 2020 )), and by Reference 19 in Table 2 to Schedule 3 to the Social Welfare Consolidation Act 2005 (No. 26 of 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. 10) (Income Disregard) Regulations 2021.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2021 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2021.

Commencement

2. These Regulations shall have effect from 1^st September 2020.

Definitions

3. Article 3 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S. I. No. 142 of 2007) is amended by the insertion of the following definitions:

“‘national framework of qualifications’ means the framework of qualifications established and maintained pursuant to section 7 of the Qualifications (Education and Training) Act 1999 (No. 26 of 1999);

‘postgraduate course’ means , for the purpose of Article 155 (db), a course leading to a major higher education and training award at Level 10 (Doctoral Degree) on the national framework of qualifications, or equivalent awards;”.

Disregard of certain income

4. Article 155 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S. I. No. 142 of 2007) is amended by the insertion of the following paragraph after paragraph (da):

“(db) in so far as it relates to a claim for disability allowance, any amount awarded as bursaries, stipends or scholarships to a maximum of €20,000 per annum (and for not more than four years) by an approved institution as listed in Schedule 1 and Schedule 2 of Student Support Regulations 2020 (S.I. 77 of 2020) for the purpose of completing a Level 10 postgraduate course (Doctoral Degree) within the national framework of qualifications,”.

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

GIVEN under my Official Seal,

11 March, 2021.

MICHAEL MCGRATH,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

11 March, 2021.

HEATHER HUMPHREYS,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not intended as a legal interpretation)

In relation to Disability Allowance, this allows a disregard for income from a bursary, scholarship or stipend toward a doctoral degree.