S.I. No. 570/2023 - Social Welfare (Temporary Provisions - Living Alone Allowance) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th November, 2023.

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 292 (amended by section 8 of and Schedule 1 to the Social Welfare Act 2017 (No. 38 of 2017)) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, hereby make the following Regulations:

Citation

1. These Regulations may be cited as the Social Welfare (Temporary Provisions – Living Alone Allowance) Regulations 2023.

Definitions

2. In these Regulations—

“Principal Act” means the Social Welfare Consolidation Act 2005 ;

“Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 );

“living alone allowance” means the increase in the weekly rate of benefit, pension, supplement or allowance, where the beneficiary is living alone, which is payable in accordance with—

(a) section 77A(1)(c) of the Principal Act in the case of an increase of disablement pension on account of incapacity,

(b) section 81(2) of the Principal Act in the case of death benefit payable to a widow, widower or a surviving civil partner or section 5 (4) of the Social Welfare and Pensions Act 2011 in the case of death benefit payable to a parent,

(c) section 112(4), 113(5)(c) or 113A(5)(c) of the Principal Act in the case of State pension (contributory),

(d) section 122(4) of the Principal Act in the case of invalidity pension,

(e) section 127(2) of the Principal Act in the case of widow’s (contributory) pension, widower’s (contributory) pension or surviving civil partner’s (contributory) pension,

(f) section 157(1)(b) of the Principal Act in the case of State pension (non-contributory),

(g) section 161C(1)(b) of the Principal Act in the case of blind pension,

(h) section 178A(3)(b) of the Principal Act in the case of a relevant payment within the meaning of section 178(1)(a) of the Principal Act, and

(i) section 211(1)(c) of the Principal Act in the case of disability allowance.

“relevant week” means—

(a) in relation to living alone allowance payable with disablement pension (on account of incapacity), death benefit payable in accordance with section 81 of the Principal Act, or section 5 (4) of the Social Welfare and Pensions Act 2011 , State pension (contributory), widow’s (contributory) pension, widower’s (contributory) pension or surviving civil partner’s (contributory) pension, State pension (non-contributory) and blind pension, the period commencing on 1 December 23 and expiring on 7 December 2023,

(b) in relation to living alone allowance payable with disability allowance, the period commencing on 29 November 2023 and expiring on 5 December 2023, and

(c) in relation to living alone allowance payable with invalidity pension or a relevant payment under section 178(1)(a) of the Principal Act, the period commencing on 30 November 2023 and expiring on 6 December 2023.

Temporary variation of living alone allowance

3. (1) This article applies to a person who is, or becomes, entitled to living alone allowance in respect of the relevant week.

(2) In the case of a person to whom this article applies, the amount of living alone allowance payable to that person in respect of the relevant week shall be increased by €200.00.

The Minister for Public Expenditure, National Development Plan Delivery and Reform consents to the making of the foregoing Regulations.

GIVEN under my Official Seal,

16 November, 2023.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

GIVEN under my Official Seal,

16 November, 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.)

The Living Alone Allowance is payable to—

• people aged 66 years or over who are in receipt of social welfare payments, such as State pensions, widow’s and widower’s pensions etc., and

• people who are under 66 years of age who are in receipt of long-term illness and disability payments, such as disability allowance, invalidity pension, incapacity supplement and blind pension, who are living alone.

These Regulations provide for a once-off bonus payment of €200.00 in the weekly increase payable to recipients of certain long-term social welfare payments who are living alone (Living Alone Allowance) payable during the week commencing 27 November 2023.