S.I. No. 461/2002 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Means Assessment) Regulations, 2002

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4 (as amended by section 17 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002)) and 162 (as amended by section 17 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation Act, 1993 (No. 27 of 1993) and Rule 1 (4) (as amended by section 20 of the Social Welfare Act, 1997 (No. 10 of 1997)) of Part II of the Third Schedule to the said Act, hereby makes the following Regulations:

Citation and construction.

1. (1)   These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Means Assessment) Regulations, 2002.

(2)   These Regulations and the Social Welfare (Consolidated Payments Provisions Regulations 1994 to 2002 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2002.

Assessment of means.

2.   Article 89 of the Social Welfare (Consolidated Payments Provisions Regulations, 1994 ( S.I. No. 417 of 1994 ) is amended by the substitution for sub-article (1) (as amended by article 7 of the Social Welfare (Consolidated Payments Provisions (Amendment) (No. 10) (One-Parent Family Payment) Regulations, 1996 ( S.I. No. 426 of 1996 )) of the following sub-article:

“(1)    The non-cash benefits prescribed for the purposes of Rule 1 (4) of Part II of the Third Schedule to the Principal Act shall be -

(a)    the net cash value to the qualified parent of her annual housing costs actually incurred and paid by a liable relative insofar as the cash value exceeds EUR 4,951.98 per annum and

(b)    the net cash value to the qualified parent of meals, accommodation and related services provided under a scheme administered by the Department of Justice, Equality and Law Reform and known as direct provision, where the costs are met in full by the State.”.

Saver.

3.   (1)   Article 2 of these Regulations shall not have the effect of reducing the rate of one-parent family payment payable to a qualified parent immediately before the commencement of these Regulations in relation to that one-parent family payment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Social Welfare legislation provides for regulations to assess certain non-cash benefits in relation to certain means tested schemes.

Regulations currently provide for the assessment of the non-cash benefit of the housing costs of a beneficiary which are paid by a liable relative insofar as they exceed a certain amount per annum for the purposes of the One-Parent Family Payment Scheme.

These Regulations provide for the inclusion of the non-cash benefit of Direct Provision Accommodation, as provided under a scheme operated by the Department of Justice, Equality and Law Reform in the assessment of means for the purposes of the One-Parent Family Payment Scheme.

The net cash value of such meals, accommodation and related services, where no charge is made for the service, may now be assessed as means against the qualified parent with effect from 17th September 2002.