S.I. No. 180/1993:

SOCIAL WELFARE (OLD AGE AND BLIND PENSIONS) REGULATIONS, 1993.

SOCIAL WELFARE (OLD AGE AND BLIND PENSIONS) REGULATIONS, 1993.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by paragraph (1) of Rule 1A of the Third Schedule to that Act (inserted by section 13 of the Social Welfare Act, 1992 (No. 5 of 1992)), hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Old Age and Blind Pensions) Regulations, 1993.

2. In these Regulations--

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 ;

"the Act of 1992" means the Social Welfare Act, 1992 ;

"beneficiary" means a person entitled to a pension;

"claimant" means a person who has made a claim for pension or who could properly make such a claim if he were able to act;

"nursing home" has the meaning assigned in section 2 of the Health (Nursing Homes) Act, 1990 (No. 23 of 1990);

"pension" means an old age or a blind pension under Chapter 3 of Part III of the Principal Act, as the case may be.

3. (1) The disregard in the calculation of means provided for in Rule 1A of the Third Schedule to the Principal Act shall only apply where--

( a ) the claimant or beneficiary disposes of his principal residence for the purposes of--

(i) purchasing alternative accommodation which is or will be occupied by him as his only or main residence,

(ii) funding the renting of alternative accommodation which is or will be occupied by him as his only or main residence, or

(iii) funding the payment of fees to a nursing home which has been registered in accordance with section 4 of the Health (Nursing Homes) Act, 1990 ,

( b ) (i) the sale of the principal residence of the claimant or beneficiary takes place on or after the commencement of these Regulations, and

(ii) the claimant or beneficiary has attained pensionable age at the date of sale, and

( c ) the gross proceeds are derived from the sale of a dwelling-house or part of a dwelling-house which is, or has been occupied by the claimant or beneficiary as his principal residence, or land which he has for his own occupation and enjoyment with that residence as its gardens or grounds up to an area not exceeding one acre.

4. The limit prescribed for the purposes of Rule 1A of the Third Schedule to the Principal Act shall be £75,000.

5. The Social Welfare (Old Age and Blind Pensions) Regulations, 1991 ( S.I. No. 263 of 1991 ), other than Part III, are hereby revoked.

GIVEN under the Official Seal of the Minister for Social Welfare, this 25th day of June, 1993.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations substitute existing regulatory provisions relating to the exemption from the assessment of means in the case of recipients of old age pension of an amount up to £75,000 of the proceeds derived from the sale of the pensioner's principal residence.

These amendments are being made following the coming into force of section 13 of the Social Welfare Act, 1992 which brought into primary legislation provisions previously contained in Regulations.

The Regulations provide that the exemption will apply in the case of a recipient (aged 66 or over) of old age pension who sells his house and either--

-- purchases alternative accommodation,

-- rents alternative accommodation, or

-- moves into a private nursing home.

In addition, the Regulations provide that the maximum amount exempted from the means assessment will be £75,000.