S.I. No. 430/2022 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Income Disregard) Regulations 2022


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil”of6th September,2022.

I, HEATHER HUMPHREYS, Minister for Social Protection, in exercise of the powers conferred on me by section 4 (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 )) of the Social Welfare Consolidation Act 2005 , and by section 2(2)(c), 232 and 297 of, and Reference 19 in Table 2 to Schedule 3 to, the Social Welfare Consolidation Act 2005 , with the consent of the Minister of Public Expenditure and Reform, 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. 11) (Income Disregard) Regulations 2022.

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

2.Definitions

In these Regulations—

“Principal Regulations”means the Social Welfare Consolidated Claims Payments and Control Regulations 2007 ( S.I. No. 142 of 2007 ),

“Regulations of 2022”means the Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 10) (Income Disregard) Regulations 2022.

Income disregard

3. The Principal Regulations are amended—

(a) in article 8(3) (amended by article 3 of the Regulations of 2022)—

(i) by the deletion of“or”after paragraph (h),

(ii) by the substitution of“person,”for“person.”in subparagraph (iii) of paragraph (i), and

(iii) the insertion of the following paragraph after paragraph (i):

“or

(j) any financial contribution paid by the Minister in accordance with section 8 (1) of the Civil Law (Miscellaneous Provisions) Act 2022 .”,

(b) in article 155 (amended by article 3 of the Regulations of 2022)—

(i) by the deletion of“or”after paragraph (h),

(ii) by the substitution of“person,”for“person.”in subparagraph (iii) of paragraph (i), and

(iii) the insertion of the following paragraph after paragraph (i):

“or

(j) any financial contribution paid by the Minister in accordance with section 8 (1) of the Civil Law (Miscellaneous Provisions) Act 2022 .”,

and

(c) in article 174 (amended by article 3 of the Regulations of 2022)—

(i) by the deletion of“or”after paragraph (n),

(ii) by the substitution of“person,”for“person.”in paragraph (o), and

(iii) by the insertion of the following paragraph after paragraph (o):

“or

(p) any financial contribution paid by the Minister in accordance with section 8 (1) of the Civil Law (Miscellaneous Provisions) Act 2022 .”.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

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GIVEN under my Official Seal,

26 July, 2022.

MICHAEL MCGRATH,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

26 July, 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.)

These Regulations provide that a person who receives a financial contribution payment in accordance with section 8 (1) of the Civil Law (Miscellaneous Provisions) Act 2022 , in respect of hosting a temporary protection beneficiary (as defined in section 4 of the Act), will be disregarded in the assessment of means for the purposes of weekly social assistance payments, increases for qualified adults and the Working Family Payment.