S.I. No. 162/2023 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Income Disregard) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th April, 2023.

I, HEATHER HUMPHREYS, Minister for Social Protection, in exercise of the powers conferred on me by section 4 (amended by section 10 of the Social Welfare Act 2020 (No. 30 of 2020)) and by Rules 1(2)(b)(ix)(I)(W) of Part 2 and 1(2)(b)(x)(I)(W) of Part 3 of Schedule 3 to the Social Welfare Consolidation Act 2005 (No. 26 of 2005), following consultation with the Minister for Agriculture, Food and the Marine, 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. 5) (Income Disregard) Regulations 2023.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2023 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2023.

Commencement

2. These Regulations come into operation on 1 April 2023.

Income disregard

3. The Social Welfare Consolidated Claims Payments and Control Regulations 2007 are amended by the insertion of the following article after article 155:

“Income disregard – agri-environmental schemes.

155A. The schemes prescribed for the purposes of Rules 1(2)(b)(ix)(I)(W) of Part 2 and 1(2)(b)(x)(I)(W) of Part 3 of Schedule 3 to the Principal Act shall be–

(a) the Sheep Improvement Scheme;

(b) the Agri-Climate Rural Environment Scheme (ACRES);

(c) the Organic Farming Scheme;

(d) the Reconstitution of Woodland Scheme (Frost) 2022;

(e) the Afforestation Grant and Premium Scheme;

(f) the Forestry Grants and Premium Schemes.”.

GIVEN under my Official Seal,

3 April, 2023.

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.)

Rule 1(2)(b)(ix) of Part 2 of Schedule 3 to the Social Welfare Consolidation Act 2005 provides for a disregard for income from specified agri-environmental schemes in the assessment of means for Farm Assist and Jobseeker’s Allowance. The Rule also provides that the Minister may prescribe additional such schemes.

Rule 1(2)(b)(x) of Part 3 of Schedule 3 to the Social Welfare Consolidation Act 2005 provides for similar provisions for State Pension (Non-Contributory).

These Regulations provide that the disregard for income from agri-environmental schemes under Rule 1(2)(b)(ix) of Part 2 of Schedule 3 and Rule 1(2)(b)(x) of Part 3 of Schedule 3 to the Social Welfare Consolidation Act 2005 shall apply to an additional number of schemes, with effect from 1 April 2023.