S.I. No. 104/2018 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Diet Supplement) Regulations 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd April, 2018.

I, REGINA DOHERTY, Minister for Employment Affairs and Social Protection, in exercise of the powers conferred on me by section 4 (amended by section 96 of the Ministers and Secretaries (Amendment) Act 2011 (No. 10 of 2011)) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), and by section 198 (amended by section 11 of the Social Welfare and Pensions Act 2013 (No. 38 of 2013)) 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. 2) (Diet Supplement) Regulations 2018.

(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2018 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2018.

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 2017 ( S.I. No. 71 of 2017 )) 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 2017 (No. 38 of 2017), or

(b) by virtue of Regulations made, on or after 15 March 2018 but before 22 March 2018, 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,

20 March 2018.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

26 March 2018.

REGINA DOHERTY,

Minister for Employment Affairs and 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 2018 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 said increase occurred.