department of social and family affairs annual report 2006 - Welfare.ie

weekly income in the relevant tax year shall be
used to determine the weekly rate of benefit.
Article 13 provides for the deletion of obsolete
articles 35, 67AA, 67AB, 67AC, 71 and 86C(2).
Articles 14 and 15 incorporate the “Rules of
Behaviour” currently contained in Schedules F
and O into the main text of the Regulations.
Accordingly, Schedules F and O are deleted.
the provisions governing overpayments currently
contained in the Social Welfare (Recovery of
Overpayments) Regulations 2005 (S.I. No 349 of
2005).
Article 24 inserts a new Part 11 in the consolidated
Regulations to include the liable relative
provisions currently contained in the Social
Welfare (Liable Relative) Regulations 1999 (S.I. No.
138 of 1999), as amended.
Article 16 restructures the existing provisions
of Chapter 7 - Miscellaneous Provisions for
Assessment of Means - to reflect the recent
update to the provisions governing the
assessment of means in the Social Welfare Acts.
Article 17 clarifies the provisions for back-dating
claims in cases where incapacity and force
majeure provisions are applied. Currently, a person
who suffers from an incapacity or force majeure
may avail of the late claims provisions when he
or she recovers from the incapacity or where the
force majeure ceases. This amendment clarifies
that where the incapacity does not cease or
where the force majeure continues to apply the
applicant for benefit may also avail of the late
claims provisions.
Article 18 extends the time limit, from 3 months
to 6 months, for receiving Child Benefit claims in
respect of additional children.
Articles 19 and 20 provide, in relation to Early
Childcare Supplement (i) that the right to
payment will be extinguished if it is not encashed
within 6 months and (ii) extends the loss of
purchasing power provisions to this scheme.
Article 21 provides, in Schedule 16, for the list of
prescribed islands, for the purpose of the Island
Allowance payment.
Article 22 provides for the introduction of a new
Part 9 in the consolidated Regulations to include
the control provisions currently contained in the
Social Welfare (Miscellaneous Control Provisions)
Regulations 1997 (S.I. No. 155 of 1997), as amended.
Article 23 provides for the insertion of a new Part
10 in the consolidated Regulations to encompass
Article 26 lists the Statutory Instruments to be
revoked by these regulations.
S.I. No. 572 of 2006
SOCIAL WELFARE (CONSOLIDATED
SUPPLEMENTARY WELFARE ALLOWANCE)
(AMENDMENT) (No. 2) (MISCELLANEOUS
PROVISIONS) REGULATIONS 2006
These Regulations provide for amendments to the
conditions for entitlement to Rent Supplement
payable under the Supplementary Welfare
Allowance scheme.
The Regulations provide that rent supplement
may not be payable in cases where a housing
authority is not satisfied that the accommodation
meets the standards for rented houses as
provided for in Regulations made under the
Housing (Miscellaneous Provisions Act) 1992.
Regulations currently provide that Disability
Allowance, Invalidity Pension or Blind Pension
are qualifying payments for the purposes of Rent
Supplement. These Regulations provide that
equivalent payments made by EU Member States
and countries with which Ireland has a reciprocal
social security agreement will also be treated as
qualifying payments for the purposes of Rent
Supplement.
These Regulations also provide for two technical
amendments. The first relates to the provisions
governing the diet supplement provided under
the Supplementary Welfare Allowance scheme
and the second inserts an article relating to the
assessment of non-cash benefits previously
provided for under separate regulations.
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