S.I. No. 717/2022 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Diet Supplement) Regulations 2022

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th December, 2022.

I, HEATHER HUMPHREYS, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 (amended by section 10 of the Social Welfare Act 2020 (No. 30 of 2020)), and by section 198 (amended by section 10 of the Social Welfare (No. 2) Act 2019 (No. 48 of 2019)) of 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 Supplementary Welfare Allowance) (Amendment) (No. 5) (Diet Supplement) Regulations 2022.

(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2022 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2022.

Rate of diet supplement

2. Article 17 (amended by article 2 of the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Diet Supplement) Regulations 2021 ( S.I. No. 785 of 2021 )) of the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 ( S.I. No. 412 of 2007 ) is amended by the substitution of the following sub-article for sub-article (4A):

“(4A) Notwithstanding sub-article (4), in the case of a claimant who is in receipt of a supplement under Part 4 of these Regulations, any increase in the weekly rate of benefit or assistance payable to that claimant, as provided for—

(a) by the Social Welfare Act 2022, or

(b) by virtue of Regulations made, which commence on or after 28 December 2022 but before 6 January 2023, under the Principal Act, insofar as such Regulations relate to an increase in the weekly rate of benefit or assistance,

shall not have the effect of reducing the rate of supplement below that which was payable before the said increase occurs.”.

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

GIVEN under my Official Seal,

15 December, 2022.

MICHAEL MCGRATH,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

15 December, 2022.

HEATHER HUMPHREYS,

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 the 2023 budgetary increases in Social Welfare payments shall not have the effect of reducing the rate of diet supplement below that which was payable before the increase occurred.