S.I. No. 382/1995:

SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) REGULATIONS, 1995.

SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) REGULATIONS, 1995.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 4, 172 (as amended by section 24 of the Social Welfare Act, 1994 (No. 4 of 1994)), 173 (as amended by section 25 of the Social Welfare Act, 1994 ), 179 (as amended by paragraph 3 of the Sixth Schedule) 188,205, 206, 207, 213 and 243 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:--

PART I. Preliminary.

1. These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995.

2. These Regulations shall come into operation on the 1st day of January, 1996.

3. In these Regulations, save where the context otherwise requires--

"bank" means the holder of a licence under section 9 of the Central Bank Act, 1971 , or a trustee savings bank certified under the Trustee Savings Banks Acts, 1863 to 1979;

"beneficiary" means a person who is entitled to supplementary welfare allowance;

"building society" means a building society within the meaning of the Building Societies Acts, 1876 to 1989;

"claimant" means a person who has made a claim for supplementary welfare allowance;

"credit union" means a society which is registered as a credit

union under the Industrial and Provident Societies Acts, 1893 to 1978, by virtue of the Credit Union Act, 1966 ;

"hospital consultant" means a registered medical practitioner in hospital practice who, by reason of his training, skill and experience in a designated speciality, is consulted by other registered medical practitioners and undertakes full clinical responsibility for patients in his care on which he has been consulted, without supervision in professional matters by any other person;

"housing authority" has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992);

"institution" means a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto and any other similar establishment providing residence, maintenance or care for the persons therein;

"loan" means any loan or advance or any other arrangement by virtue of which interest is paid or payable to a bank, building society, credit union or the Housing Finance Agency plc;

"mortgage interest" means such proportion of a loan as is for the time being attributable to interest, other than interest payable by virtue of a delay or default in making a repayment under the loan agreement, entered into by the claimant for the purpose of defraying money employed in the purchase, repair or improvement of a residence or in paying off another loan used for such purpose;

"qualified dietitian" means a member of, or a person who holds a qualification that is recognised by, the Irish Nutrition and Dietetic Institute;

"rent" includes any periodical payment in the nature of rent made in return for a special possession of a dwelling or for the use, occupation or enjoyment of a dwelling, but does not include so much of any rent or payment as--

(a) relates to the provision of goods or services,

(b) is paid or made to defray the cost of maintenance of, or repairs to, a dwelling for which in the absence of agreement to the contrary the tenant would be liable, or

(c) relates to any right or benefit other than the bare right to use, occupy and enjoy the dwelling as a residence;

"residence" means a residential premises, other than an institution, that is used as the sole or main residence of the claimant;

"residential premises" means a building or part of a building, used or suitable for use, as a dwelling and any land which the occupier of a building or part of a building used as a dwelling has for his own occupation and enjoyment with the said building or part thereof as its garden;

"supplement" means a supplement payable by virtue of article 9, 10, 15 or 31, as the case may be;

"supplementary welfare allowance" means an allowance in cash or in kind granted under Chapter 11 of Part III of the Principal Act;

"the Principal Act" means the Social Welfare (Consolidation) Act, 1993 .

4. In these Regulations, save where the context otherwise requires--

(a) a reference to a Part is to a Part of these Regulations,

(b) a reference to an article is to an article of these Regulations, and

(c) a reference to a sub-article is to a sub-article of the article in which the reference occurs.

5. The Regulations specified in Schedule A to these Regulations are hereby revoked.

PART II General Provisions.

6. (1) Section 173 (1) of the Principal Act shall not apply to a person on becoming engaged in remunerative full-time work until the expiration of a period of 30 days after the commencement of the engagement or the date on which the claimant first receives remuneration, whichever is the earlier.

(2) A person shall not be disqualified for receiving supplementary welfare allowance while engaged in remunerative full-time work where that person is participating in--

(a) a scheme, known as the Area Allowance Enterprise Scheme, approved by a company, known as an Area Partnership, in consultation with the Minister,

(b) a scheme, administered by An Foras Áiseanna Saothair and known as Community Employment, or

(c) a scheme administered by the Minister and known as the Back to Work Allowance Scheme.

(3) A person shall be regarded as being engaged in remunerative full-time work where he is so engaged for not less than 30 hours a week.

7. A person shall not be disqualified for receiving supplementary welfare allowance while attending a course of study within the meaning of section 126 of the Principal Act where that person is participating in--

(i) a scheme administered by the Minister for Education and known as the Vocational Training Opportunities Scheme,

(ii) a scheme administered by the Minister and known as--

(I) the Second Level Initiative,

(II) the Third Level Allowance,

(III) the Part-time Education Initiative, or

(iii) such other course of education as the Minister may, from time to time, approve.

8. (1) The provisions of section 176 (a) of the Principal Act which enable a health board to determine that a person shall not be entitled to supplementary welfare allowance unless he is registered for employment shall not apply to a person who satisfies the health board that he is incapable of work by reason of some specific disease or bodily or mental disablement.

(2) Where a health board determines under section 176 (a) of the Principal Act that the entitlement of any person to supplementary welfare allowance shall be subject to the condition that he is registered for employment he shall be required to prove unemployment in accordance with Regulations made under section 120 (1) (b) of the Principal Act.

PART III. Rent and Mortgage Supplements.

9. (1) Subject to these Regulations, a person shall be entitled to a supplement towards the amount of rent payable by him in respect of his residence.

(2) It shall be a condition of any claimant's entitlement to a supplement under sub-article (1) that--

(a) he is a bona fide tenant;

(b) he has made application, on being so required by the health board, to a housing authority to be assessed for a housing need under section 9 of the Housing Act, 1988 (No. 28 of 1988);

(c) his name has not been excluded from an assessment made by a housing authority pursuant to section 9 of the Housing Act, 1988 by reason of his failure to accept an offer of accommodation or if his name has been so excluded, the health board is satisfied that there was valid reason for his failure to accept such offer;

(d) he has not vacated accommodation provided by a housing authority or if he has vacated such accommodation the health board is satisfied that he had good cause for so doing;

(e) he is not in receipt of, or entitled to, an allowance in accordance with regulations made under section 23 of the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982);

(f) the person beneficially entitled to the rent payable under the tenancy is not:

(i) a housing authority,

(ii) a health board,

(iii) a body which provides services on behalf of, or similar or ancillary to, a health board using residential care staff and which receives a subvention from the Minister for Health in respect of the claimant, or

(iv) a voluntary housing body which receives a subsidy under the scheme, known as the "rental subsidy scheme", administered by housing authorities under section 7 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992);

(g) the health board is satisfied that--

(i) the claimant is in need of accommodation and is unable to provide for it from his own resources,

(ii) the residence is reasonably suited to the residential and other needs of the claimant, and

(iii) the rent payable by the claimant is just and proper having regard to the nature, character and location of the residence;

and for this purpose the health board shall at such time and in respect of such class or classes of persons as the Minister may direct, determine the appropriate maximum amount of rent in respect of which a supplement is payable having regard to the family circumstances and the location of the residence of such persons, and

(h) where the person beneficially entitled to the rent payable under the tenancy is an approved body in receipt of assistance under the scheme of capital assistance for the provision of housing accommodation operated under section 6 of the Housing (Miscellaneous Provisions) Act, 1992 and section 15 of the Housing Act, 1988 , the health board receives confirmation from the relevant housing authority that the rent has been fixed in accordance with the terms of the scheme.

10. (1) Subject to these Regulations, a person shall be entitled to a supplement towards the amount of mortgage interest payable by him in respect of his residence:

Provided that--

(a) the loan agreement was entered into at a time when, in the opinion of the health board, the claimant was in a position to meet the repayments thereunder, and

(b) the residence in respect of which the loan is payable, is not offered for sale.

(2) Subject to sub-article (3), it shall be a condition of any claimant's entitlement to a supplement under sub-article (1), that the health board is satisfied that:--

(a) the amount of the mortgage interest payable by the claimant does not exceed such amount as the health board considers reasonable to meet his residential and other needs, and

(b) it is reasonable to award a supplement having regard to the amount of any arrears outstanding on the loan.

(3) Notwithstanding sub-article (2), a health board may award a supplement where the amount of mortgage interest payable by the claimant exceeds such amount as the board considers reasonable to meet his residential and other needs:

Provided that no sum shall be paid in respect of such supplement for any period more than 12 months from the date on which the claim therefor is made.

11. (1) Subject to these Regulations, a supplement payable under this Part shall continue to be payable for the period in which the beneficiary resides continuously in the residence in respect of which the supplement is awarded.

(2) In determining whether a beneficiary resides continuously in a residence for the purposes of sub-article (1), any period of absence from his residence by virtue of his temporary residence, for any period which does not exceed 13 weeks, in an institution, shall be disregarded.

12. (1) Subject to these Regulations, the amount of a supplement payable under this Part to a claimant in respect of a week shall be the difference between his weekly needs less £6 and his weekly means, less the weekly amount of rent or mortgage interest, as the case may be, payable by him:

Provided that the amount so payable shall not exceed such amount as the health board considers reasonable to meet the residential needs of the claimant.

(2) Where a person, other than an adult dependant or a child dependant of the claimant, resides with the claimant other than as a sub-tenant, the health board shall reduce the amount of the supplement payable, by such amount, which in the opinion of the health board, is reasonably attributable to that other person.

(3) In the case of a person to whom article 6 (7) of the Social Welfare (Supplementary Welfare Allowance) Regulations, 1977 to 1994 applies on the commencement of these Regulations, sub-article (1) shall be construed as if "£4.50" were substituted for "£6".

13. In the case of a claimant whose tenancy is with an approved body which is in receipt of assistance under the scheme of capital assistance referred to in article 9 (2) (h), the maximum supplement payable under this Part shall be:

(a) £21, in any case where the claimant is a spouse within the meaning of section 3 (12) of the Principal Act, and

(b) £19, in any other case.

14. Notwithstanding the provisions of these Regulations, in the case of a claimant who is, on the commencement of these Regulations, in receipt of a supplement in respect of his rent, within the meaning of article 6 (4) of the Social Welfare (Supplementary Welfare Allowance) Regulations, 1977 to 1994, the provisions of these Regulations shall not have the effect of reducing the rate of supplement payable under this Part below that to which he was previously entitled.

PART IV. Diet Supplements.

15. (1) Subject to these Regulations, a claimant shall be entitled to a supplement towards the cost of a diet, being a diet specified for the purposes of this article, which he or his adult or child dependant has been prescribed by virtue of a specified medical condition.

(2) The following diets are specified for the purposes of this article:

(a) in the case of a person who is of or over the age of 18 years--

(i) diabetic diet,

(ii) low fat, low cholesterol diet,

(iii) reducing (calorie restricted) diet,

(iv) high fibre diet,

(v) low fat diet,

(vi) high protein, high calorie diet,

(vii) gluten free diet,

(viii) low protein, high calorie diet,

(ix) liquidised (altered consistencies) diet,

(x) low lactose, milk free diet,

(xi) high protein, low salt diet, and

(xii) modified protein high calorie diet, and

(b) in the case of a person who is under the age of 18 years--

(i) reducing (calorie restricted) diet,

(ii) high fibre diet,

(iii) low fat diet,

(iv) diabetic diet,

(v) high protein, high calorie diet,

(vi) gluten free diet,

(vii) low protein, high calorie diet,

(viii) low lactose, milk free diet,

(ix) high protein, low salt diet.

(3) It shall be a condition of any claimant's entitlement to a supplement under sub-article (1) that:

(a) it is certified by a hospital consultant that the claimant or any adult or child dependant of his has been prescribed a diet specified for the purposes of this article by virtue of a specified medical condition, and

(b) the nature and duration of the diet which has been prescribed is verified by a hospital consultant or by a qualified dietitian.

(4) A supplement under sub-article (1) shall not be payable for any period during which the person, who has been prescribed the diet, is in an institution.

(5) In this Part, a 'child dependant' means in relation to any claimant, any child, not being an adult dependant who is dependent on that claimant for support and who is--

(a) under the age of 18 years, or

(b) of or over the age of 18 years and under the age of 22 years and is receiving full-time education within the meaning of section 2 (3) of the Principal Act.

16. (1) Subject to this article, the amount of a supplement payable under this Part, other than a supplement payable in respect of a child dependant who is under the age of 18 years, to a claimant in respect of a week shall be £27, less--

(a) where the claimant is not in receipt of a supplement under Part III--

(i) one sixth of the claimant's weekly means exclusive of any increase in any benefit or assistance payable under the Principal Act in respect of a child dependant or a qualified child, in any case where the claimant is a spouse within the meaning of section 3 (12) of the Principal Act,

(ii) one third of the claimant's weekly means exclusive of any increase in any benefit or assistance payable under the Principal Act in respect of a child dependant or a qualified child, in any other case, or

(b) where the claimant is in receipt of a supplement under Part III--

(i) one sixth of the weekly amount of supplementary welfare allowance set out in column (2) of Part I for the Fourth Schedule to the Principal Act, increased by the amount set out in column (3) of the said Part, in any case where the claimant is a spouse within the meaning of section 3 (12) of the Principal Act,

(ii) one third of the weekly amount of supplementary welfare allowance set out in column (2) of Part I for the Fourth Schedule to the Principal Act, in any other case.

(2) In the case of a claim for a supplement under this Part, where the person has been prescribed a diet which is specified in sub-paragraphs (vi) to (xii) of article 15 (2) (a), sub-article (1) shall be construed as if "£35" were substituted for "£27".

(3) In the case of a claim for a supplement under this Part in respect of a child dependant who is under the age of 18 years, the amount of the supplement payable in respect of a week shall be:

(a) where that child dependant has been prescribed a diet which is specified in subparagraphs (i) to (iii) of article 15 (2) (b), £5, and

(b) in any other case, £8.

(4) Notwithstanding the provisions of these Regulations, in the case of a claimant who is in receipt of an allowance in respect of his special dietary needs from a health board on the commencement of these Regulations, the provisions of this article shall not have the effect of reducing the rate of supplement payable under this Part below that to which he was previously entitled.

17. Subject to these Regulations, a supplement payable under this Part shall continue to be payable for so long as the claimant continues to satisfy the conditions set out in article 15.

PART V. Claims and Payments.

18. Every claim for supplementary welfare allowance (including any increase thereof) shall be made to the health board in the form for the time being approved by the health board or in such other manner as the board may accept as sufficient in all the circumstances.

19. Every claimant shall furnish such certificates, documents, information and evidence as may be required by a health board for the purpose of deciding the claim and shall, for the purposes of making any such claim, attend at such time and at such office or place as the board may direct.

20. The prescribed time for making a claim for supplementary welfare allowance shall be the day in respect of which the claim is made.

21. Subject to article 22, where a person fails to make a claim for supplementary welfare allowance within the prescribed time, he shall be disqualified for receiving payment in respect of any period before the date on which the claim is made.

22. Where a claimant proves to the satisfaction of a health board that--

(a) on a date earlier than the date on which his claim for supplementary welfare allowance was made, apart from satisfying the condition of making a claim, he was entitled thereto, and

(b) throughout the period between the earlier date and the date on which his claim was made there was good cause for the delay in making such a claim, he shall not be disqualified for receiving payment of the amount to which he would have been entitled if the claim had been made on the earlier date:

Provided that no sum shall be paid to a claimant on account of supplementary welfare allowance in respect of any period more than 6 months before the date on which the claim (including any increase thereof) therefor is made.

23. (1) Every claimant or beneficiary and every person by whom any supplementary welfare allowance is receivable on behalf of a claimant or beneficiary shall--

(a) furnish in such manner and at such times as an officer of the health board may determine, such certificates, documents and information affecting the right to supplementary welfare allowance or to the receipt thereof as the said officer may require, and

(b) notify the health board of any change in circumstances which may affect the right to supplementary welfare allowance, or to the receipt thereof, as soon as is reasonably practicable thereafter.

(2) The period prescribed for the purposes of section 213 (10) of the Principal Act shall, in the case of supplementary welfare allowance, be 7 days.

24. Supplementary welfare allowance shall be paid in of payment accordance with a determination under the provisions of the Principal Act as soon as is reasonably practicable thereafter at such time and in such manner as the health board may determine.

25. Where supplementary welfare allowance has been duly awarded to a claimant or beneficiary and is being paid to that person, the right to any sum payable by way of such allowance shall be extinguished where payment thereof is not obtained within 6 months.

26. (1) A claimant or beneficiary may nominate another person to receive payment of the whole or part of supplementary welfare allowance on his behalf and subject to the consent of the health board, such supplementary welfare allowance may be payable to the person so nominated.

(2) Every nomination under sub-article (1)--

(a) shall be made to the health board in the form for the time being approved by the board, and

(b) may be revoked by the claimant or beneficiary on giving notice in writing of that fact to the health board.

(3) The health board may withdraw its consent to a nomination under sub-article (1).

27. (1) Where a claimant or beneficiary is unable for the time being to act the health board may, subject to such conditions as it thinks fit, appoint some other person to exercise, on behalf of the claimant or beneficiary, any right or power which the claimant or beneficiary may be entitled to exercise under the Principal Act and any such person may receive and deal with any sum payable by way of supplementary welfare allowance on behalf of the claimant or beneficiary.

(2) An appointment made under sub-article (1) shall terminate on the day on which the health board receives notice that a Committee of the Estate of the claimant or beneficiary has been appointed.

(3) Anything required to be done by a claimant or beneficiary in relation to supplementary welfare allowance may be done as respects a claimant or beneficiary who is unable to act, to the person appointed under sub-article (1) to act on his behalf.

28. The health board may, where it appears to it that the circumstances so warrant, appoint a person to receive and deal with supplementary welfare allowance, on behalf of a claimant or beneficiary.

29. (1) The health board may at any time revoke an appointment made under article 27 or 28 and a person appointed may resign on giving to the health board one month's notice of his intention to do so.

(2) The receipt of supplementary welfare allowance by a person nominated under article 26 or appointed under article 27 or 28 shall be a good discharge by the health board of any amount so paid.

30. A person who fails to comply with article 23 shall be guilty of an offence and shall be liable on summary conviction to the penalties provided for in section 218 (1) (a) of the Principal Act.

PART VI. Miscellaneous

31. (1) Notwithstanding the foregoing articles, a health board may award a supplement in any case where it appears to the board that the circumstances of the case so warrant.

(2) Without prejudice to the generality of sub-article (1), a health board may award a supplement where--

(a) a claimant is living alone or only with his adult or child dependants (within the meaning of article 15 (5)) and has, due to his ill-health or infirmity or that of any of the persons living with him, exceptional needs by reason of his having to maintain a high standard of heating in his residence, or

(b) a claimant has exceptional needs other than those specified in these Regulations.

32. The provisions of the enactments mentioned in column (1) of Schedule B hereto shall apply to supplementary welfare allowance and in such application shall, other than the last mentioned provision in the said schedule, be modified, so that the said provisions shall read as set out in column (2) of the said Schedule.

Article 5

SCHEDULE A.

Revocations.

Social Welfare (Supplementary Welfare Allowance) Regulations, 1977 ( S.I. No. 168 of 1977 ).

Social Welfare (Supplementary Welfare Allowance) (Amendment) Regulations, 1987 ( S.I. No. 281 of 1987 ).

Social Welfare (Supplementary Welfare Allowance) (Amendment) Regulations, 1988 ( S.I. No. 184 of 1988 ).

Social Welfare (Supplementary Welfare Allowance) (Amendment) Regulations, 1989 ( S.I. No. 200 of 1989 ).

Social Welfare (Supplementary Welfare Allowance) (Amendment) Regulations, 1990 ( S.I. No. 186 of 1990 ).

Social Welfare (Supplementary Welfare Allowance) (Amendment) Regulations, 1992 ( S.I. No. 220 of 1992 ).

Social Welfare (Supplementary Welfare Allowance) Regulations, 1994 ( S.I. No. 214 of 1994 ).

Social Welfare (Supplementary Welfare Allowance) (Amendment) Regulations, 1994 ( S.I. No. 231 of 1994 ).

Article 32

SCHEDULE B.

GIVEN under the Official Seal of the Minister for Finance, this

29th day of December, 1995.

RUAIRI QUINN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations consolidate the regulatory provisions relating to Supplementary Welfare Allowance and related provisions governing the making of claims and payments. They provide for the conditions for entitlement to rent and mortgage supplements and they also standardise the provisions relating to diet supplements.

In addition to consolidating the existing provisions, the Regulations also provide:

--that the disqualification of people in full-time education will not apply to participants in the educational initiatives for the unemployed, such as the Third Level Allowance scheme; and

--that the disqualification of people in full-time employment will not apply to participants in special schemes for the unemployed, such as Community Employment.