S.I. No. 200/2022 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Domiciliary Care Allowance - Temporary Residence in an Institution) Regulations 2022

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th April, 2022.

I, HEATHER HUMPHREYS, Minister for Social Protection, in exercise of the powers conferred on me by section 4 (as adapted by the Employment Affairs and Social Protection (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 447 of 2020)), and by subsection (3) of section 186E (inserted by section 15 of the Social Welfare and Pensions Act 2008 (No. 2 of 2008)) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005) hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No.1) (Domiciliary Care Allowance - Temporary Residence in an Institution) Regulations 2022.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2021 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2022.

Commencement

2. These Regulations come into operation on 24 January 2022.

Payment in respect of temporary full-time residence in an institution

3. Article 140E (inserted by article 3 of the Social Welfare (Consolidated Claims, Payments and Control) (Amendment)(Domiciliary Care Allowance) Regulations 2009 (S.I. No. 162 of 2009)) is amended by the substitution of “26 weeks” for “13 weeks”.

GIVEN under my Official Seal,

26 April, 2022.

HEATHER HUMPHREYS,

Minister for Social Protection.

EXPLANATORY NOTE

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

The purpose of these Regulations is to give effect to the budget measure announced on 12 October 2021 in respect of domiciliary care allowance. The Regulations provide for a doubling of the period during which domiciliary care allowance continues to be payable for a child, admitted to an institution on a full-time basis, for the purpose of receiving medical or other treatment of a temporary nature.

The period during which domiciliary care allowance continues to be payable is increased from 13 weeks to 26 weeks in a 12-month period.

These Regulations take effect from 24 January 2022.