S.I. No. 132 of 2001

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 2) (MISCELLANEOUS PROVISIONS) REGULATIONS, 2001

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 2(1) (as amended by section 15 of the section 17 of the Social Welfare Act, 2000 ( the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rule 2A (inserted by section 13 of the Social Welfare Act, 2001 ) of Part I 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) (Miscellaneous Provisions) Regulations, 2001.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2001 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2001.

Definitions.

2. In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

Means assessment - sale of residence.

3. Article 90 of the Principal Regulations (as amended by article 2 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Sale of Residence) Regulations, 2000 ( S.I. No. 232 of 2000 )) is amended by the substitution for sub-article (2) of the following sub-articles:

“(2) The disregard in the calculation of means provided for in Rule 2A of Part I and Rule 2 of Part II in so far as it relates to recipients of Blind Pension, 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 ( No. 23 of 1990 ),

(b)  the sale of the principal residence of the claimant or beneficiary takes place on or after the 1st day of April, 2001, 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.

(3) The limit prescribed for the purposes of Rule 2A of Part I and Rule 2 of Part II of the Third Schedule to the Principal Act shall be £150,000.”.

Pre-retirement allowance.

4. Article 110 of the Principal Regulations is amended by -

(a)  the substitution in paragraph (a) of sub-article (1) (as amended by article 6 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance, Pre-Retirement Allowance and Farm Assist) Regulations, 1999 ( S.I. No. 324 of 1999 )) for “unemployment assistance,” of “unemployment assistance, pre-retirement allowance,”, and

(b) the deletion in paragraph (b) of sub-article (1) (as amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers) Regulations, 2000 ( S.I. No. 340 of 2000 )) of “pre-retirement allowance,”.

Island Allowance.

5. The Principal Regulations are amended by the insertion in Part VI after Chapter 4 (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (Household Budgeting) Regulations, 1997 ( S.I. No. 156 of 1997 )) of the following Chapter:

“CHAPTER 5

Island Allowance

EXPLANATORY NOTE

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

These Regulations provide for miscellaneous changes to Social Welfare payment provisions consequential on the Social Welfare Act, 2001 .

The Regulations provide for -

-    the extension of the sale of residence disregard, in the assessment of means, to Disability Allowance and recipients of Blind Pension aged under 66 years and

-    a list of islands off the coast of Ireland in respect of which the new Island Allowance, as announced in Budget 2001, is payable to pensioners over 66 who are normally resident on those islands.

The Regulations also provide for an amendment to the provisions regarding the payment day for Pre-Retirement Allowance. These Regulations now provide that the Allowance will be paid in the same manner as Unemployment Assistance and Farm Assist.