Social Welfare Consolidation Act 2005

SCHEDULE 3

RULES AS TO CALCULATION OF MEANS

[1993 Sch 3; 2005 (SW&P) s24 & Sch 2]

PART 1

Definitions

In this Schedule—

F1835[‘blind person’ means a person who—

(a) has attained the age of 18 years, and

(b) is so blind that the person either cannot perform any work for which eyesight is essential or cannot continue with his or her ordinary occupation;]

F1836[‘civil partner’ means each civil partner of a couple who are civil partners of the same civil partnership and who are living together;]

“fisherman” means a person engaged in sea fishing as a self-employed person—

(a) on a fishing boat entered in the Register of Fishing Boats, or

(b) on a fishing boat and in a place in respect of which a fishing licence (within the meaning of section 3 of the Fisheries (Consolidation) Act 1959) for fishing for salmon at sea has been issued;

“gross proceeds derived from the sale of the principal residence” means—

(a) the agreed sale price of the residence, or

(b) where the claimant or beneficiary purchases alternative accommodation, the difference between the agreed sale price of the former residence and the agreed purchase price of the replacement residence;

“housing costs” means rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the person is, for the time being, residing;

F1837[‘incentive payment’ means an incentive payment made under the special incentive career break scheme;]

F1838[‘maintenance grant’ means a grant—

(a) that—

(i) was awarded in accordance with section 2 (amended by section 3 of the Local Authorities (Higher Education Grants) Act 1992) of the Local Authorities (Higher Education Grants) Act 1968, and

(ii) was continued under subsections (2) and (3) of section 6 of the Student Support Act 2011,

(b) that—

(i) was awarded pursuant to a scheme administered by a vocational education committee (within the meaning of section 7 of the Vocational Education Act 1930) whereby grants were provided to students to assist them in attending courses in higher or further education, and

(ii) was continued under subsections (2) and (3) of section 6 of the Student Support Act 2011,

“maintenance payments” means any payment received under or pursuant to any maintenance arrangement that may be prescribed;

F1839[‘maintenance payment made to or in respect of a qualified child’ means any maintenance payment made to or in respect of a qualified child that may be prescribed;]

F1837[‘special incentive career break scheme’ means the scheme commonly known by that name announced on the direction of the Minister for Finance on 30 April 2009 entitling civil servants of a certain class to apply for not less than 3 years special leave without pay and an incentive payment;]

F1840[‘spouse’ means each person of a married couple who are living together.]

Annotations

Amendments:

F1835

Inserted (8.05.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 33(a), S.I. No. 246 of 2006.

F1836

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 25(1)(a), S.I. No. 673 of 2010.

F1837

Inserted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 19(a), commenced on enactment.

F1838

Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 15(2)(a), commenced on enactment.

F1839

Inserted (4.06.2024) by Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 (6/2024), s. 8(1)(a), S.I. No. 263 of 2024.

F1840

Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 25(1)(b), S.I. No. 673 of 2010.

Editorial Notes:

E2186

Power pursuant to part (within definition of "maintenance payments") exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(2), in effect as per art. 2.

E2187

Previous affecting provision: para. (b)(ii) of the definition of “maintenance grant” amended (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s.72(1) and sch. 6, item 50, S.I. No. 211 of 2013; substituted (6.05.2015) as per F-Note above.

E2188

Previous affecting provision: power pursuant to part (within definition of "maintenance payments") exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88(2)—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2189

Previous affecting provision: power pursuant to statutory precursor of part (within definition of "maintenance payments") exercised (on dates in period 30.04.2003 to 7.05.2003) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Means Assessment) Regulations 2003 (S.I. No. 170 of 2003), art. 4(a)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89C(2)—in effect as per art. 2(a) and 2(b); continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

PART 2

Unemployment Assistance, Pre-Retirement Allowance, Disability Allowance and Farm Assist

Sections 140, 149, 209 and 213.

1. In the calculation of the means of a person for the purposes of Chapters 2, 3, 10 and 11 of Part 3, account shall be taken of the following—

(1) other than in the circumstances and subject to the conditions and for the periods that may be prescribed, the weekly value of property belonging to the person or to his or her spouse F1841[, civil partner or cohabitant] (not being property personally used or enjoyed by the person or his or her spouse F1841[, civil partner or cohabitant] or a farm of land leased either by the person or his or her spouse F1841[, civil partner or cohabitant]) which is invested or otherwise put to profitable use or is capable of being, but is not, invested or put to profitable use and the weekly value, F1842[calculated—

(a) for the purposes of jobseeker’s allowance, pre-retirement allowance or farm assist, in accordance with reference 1 of Table 1 to this Schedule, or

(b) for the purposes of disability allowance, in accordance with reference 2 of Table 1 to this Schedule,

constitutes] the weekly means of a person from that property but, in the case of farm assist, no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;

(2) all income in cash and any non-cash benefits that may be prescribed which the person or his or her spouse F1841[, civil partner or cohabitant] may reasonably expect to receive during the succeeding year, whether as contributions to the expenses of the household or otherwise, but—

(a) excluding the amounts at references 1 to 19 in Table 2 to this Schedule, and

(b) excluding—

(i) in the cases that may be prescribed, any moneys received by way of a maintenance grant,

F1843[(ii) in relation to maintenance—

(I) any maintenance payment made to or in respect of a qualified child, and

(II) any moneys received by way of maintenance payments, other than those referred to in subclause (I), in so far as those payments do not exceed the annual housing costs actually incurred by the person subject to the maximum amount that may be prescribed, together with one-half of any amount of maintenance payment in excess of the amount disregarded in respect of housing costs actually incurred (if any),]

(iii) F1844[…] any moneys, subject to the limit that may be prescribed, received by way of repayment of expenses necessarily incurred in relation to travel and meals while undergoing a course of education, training or development approved by the Minister,

(iv) in the case of—

(I) F1845[jobseeker’s allowance] and pre-retirement allowance and subject to paragraph (5) all moneys earned by the person in respect of current personal employment under a contract of service,

(II) farm assist and subject to paragraph (8), all moneys earned by the person or his or her spouse F1841[, civil partner or cohabitant] in respect of current personal employment under a contract of service,

(v) in the case of F1845[jobseeker’s allowance], pre-retirement allowance and farm assist and subject to paragraphs (6), (7) and (8), any moneys earned by the person or his or her spouse F1841[, civil partner or cohabitant] from insurable employment of a seasonal nature,

(vi) the amount that may be prescribed of all moneys earned by the person's spouse F1841[, civil partner or cohabitant] from insurable employment,

(vii) F1846[…]

(viii) in the case of disability allowance, the amount that may be prescribed of earnings from employment or self-employment F1847[…],

(ix) in the case of F1845[jobseeker’s allowance], pre-retirement allowance and farm assist, all income received under the following schemes:

F1849[(I) the following schemes administered by the Minister for Agriculture, Food and the Marine, namely the Schemes commonly known and referred to as:

(A) the Rural Environment Protection Scheme;

(B) the Agri-Environment Options Scheme;

(D) the Beef Exceptional Aid Measure;

(E) the Beef Data and Genomics Programme (2015 - 2020) (2017 - 2022) (2021);

(F) the Beef Environmental Efficiency Plan (BEEP-S) as part of the Beef Sector Efficiency Programme;

(G) the Dairy Beef Calf Programme as part of the Beef Sector Efficiency Programme;

(H) the Results Based Environment Agri-Pilot Programme;

(I) the Sheep Welfare Scheme;

(J) the Afforestation Grant and Premium Scheme (2000 - 2006) (2007 - 2013) (2014 - 2020);

(K) the Ash Dieback Replanting Scheme;

(L) the Creation of Woodland on Public Lands Scheme;

(M) the Deer Tree Shelter and Deer/Hare Fencing Scheme;

(N) the Forestry Grants and Premium Schemes (2014 - 2020);

(O) the Forest Genetic Resources Reproductive Material Scheme;

(P) the Forest Road Scheme;

(Q) the Forestry Knowledge Transfer Group Scheme;

(R) the Innovative Forestry Forest Technology: Central tyre inflation scheme module;

(S) the Native Woodland Conservation Scheme;

(T) the NeighbourWood Scheme;

(U) the Reconstitution and Underplanting Scheme (Ash Dieback);

(V) the Woodland Improvement Scheme including Continuous Forestry Cover;

(W) such additional Schemes administered by the Minister for Agriculture, Food and the Marine relating to agri-environmental schemes as may, following consultation with that Minister, be prescribed.]

F1848[(II) the National Parks and Wildlife Service Farm Plan Scheme administered by the Minister for Arts, Heritage and the Gaeltacht,]

except in so far as that income exceeds the sum of—

(A) F1850[€5,000], plus

(B) one-half of any amount in excess of F1850[€5,000] and

(x) in the case of F1845[jobseeker’s allowance] and pre-retirement allowance, and subject to paragraph (9), any income derived by a fisherman from any form of self-employment,

(xi) where the person or his or her spouse F1841[, civil partner or cohabitant] is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived from that occupation as does not exceed €153 per year and one-third of so much of the income as exceeds €153 per year but does not exceed €381 F1851[per year,]

(xii) in the case of farm assist, an amount of €1,270 per annum from the harvesting of F1852[seaweed, and]

F1853[(xiii) any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920;]

(3) the yearly value ascertained in the prescribed manner of any advantage accruing to the person or to his or her spouse F1841[, civil partner or cohabitant] from—

(a) the use of property (other than a domestic dwelling or farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by the person or by his or her spouse F1841[, civil partner or cohabitant], and

(b) the leasing by the person or by his or her spouse F1841[, civil partner or cohabitant] of a farm of land;

(4) all income and the value of all property of which the person or his or her spouse F1841[, civil partner or cohabitant] has directly or indirectly deprived himself or herself in order to qualify for the receipt of F1845[jobseeker’s allowance], pre-retirement allowance, disability allowance or farm assist, but where the income or the value of the property has reduced since the date of calculation, the calculation may be revised, subject to the conditions and in the circumstances that may be prescribed, but any such regulations shall not cause the income or value of the property taken to be part of the means to be increased;

(5) in the case of a person engaged in employment under a contract of service, the value, ascertained in the prescribed manner of any moneys derived from that employment and the value so calculated constitutes the weekly means of that person from that employment for the purposes of Chapter 2 of Part 3;

(6) in the case of a person who makes a claim for F1845[jobseeker’s allowance] during a period in which he or she is engaged in insurable employment of a seasonal nature, the value, ascertained in the prescribed manner, of any moneys derived from that employment and the value so calculated constitutes the weekly means of that person from that employment for the purposes of Chapter 2 of Part 3;

(7) in the case of F1845[jobseeker’s allowance] and pre-retirement allowance, the value of all moneys derived by his or her spouse F1841[, civil partner or cohabitant] from insurable employment of a seasonal nature, ascertained in the prescribed manner, during the period in which his or her spouse F1841[, civil partner or cohabitant] is engaged in that employment, and the value so calculated constitutes the weekly means of that person from such employment;

(8) in the case of a farmer or his or her spouse F1841[, civil partner or cohabitant] engaged in current personal or seasonal employment, the value, ascertained in the prescribed manner, of any moneys derived from that employment and the value so calculated constitutes the weekly means of that person from that employment;

F1854[(9) in the case of—

(a) a fisherman, the gross income derived from any form of self-employment, or

(b) a farmer entitled to or in receipt of farm assist, the gross yearly income which the farmer or his or her spouse, civil partner or cohabitant may reasonably be expected to receive from farming or any other form of self-employment,

less—

(i) any expenses necessarily incurred in carrying on any form of self-employment, and

(ii) where the fisherman or farmer has a qualified child, who normally resides with him or her, an amount of—

(I) €254 per annum in respect of each of the first 2 qualified children, and

(II) €381 per annum in respect of each subsequent qualified child,

calculated at the rate of 70 per cent;]

(10) in the case of a person entitled to or in receipt of F1845[jobseeker’s allowance] and who has not attained the age that may be prescribed, the yearly value of any benefit or privilege enjoyed by that person by virtue of residing with a parent or step-parent, and the Minister may prescribe by regulations the manner in which the value of the benefit and privilege may be calculated.

F1855[1A. In the calculation of the means of a person for the purposes of Chapters 2, 3, 10 and 11 of Part 3, notwithstanding any exclusion under Rule 1(2)(b), account shall be taken of any incentive payments made to a person or the spouse F1841[, civil partner or cohabitant] of such person under the special incentive career break scheme and without prejudice to the generality of the foregoing—

(a) the exclusion under Rule 1(2)(b)(iv)(II) of moneys earned by the person or his or her spouse F1841[, civil partner or cohabitant] shall not apply to any incentive payment made to the person or his or her spouse F1841[, civil partner or cohabitant] under such scheme, and

(b) the exclusion under Rule 1(2)(b)(vi) of moneys earned by the spouse F1841[, civil partner or cohabitant] concerned shall not apply to any incentive payment made to such spouse F1841[, civil partner or cohabitant] under such scheme.]

F1856[2. (1) Notwithstanding this Schedule and subject to paragraph (2), for the purposes of disability allowance, the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together or both civil partners of the same civil partnership who are living together, the spouse or civil partner of the claimant or beneficiary shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant or beneficiary.]

(2) Paragraph (1) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.

3. For the purposes of Rule 1(2) and (10), the income of a person shall, in the absence of other means of ascertaining it, be taken to be the income actually received during the year immediately before the date of calculation.

4. The Minister may by regulations vary—

(a) Rule 1(1) and Table 1 to this Schedule in relation to the calculation of the weekly value of property belonging to a person, and

(b) Rules 1(2) to (10), in the case of farm assist.

Annotations

Amendments:

F1841

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010.

F1842

Substituted (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s.23, commenced on enactment.

F1843

Substituted (4-6.06.2024) by Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 (6/2024), s. 8(1)(b), S.I. No. 263 of 2024.

F1844

Deleted (3.04.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 35(a)(ii), S.I. No. 146 of 2007.

F1845

Substituted (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006.

F1846

Deleted (3.04.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 35(a)(iii), S.I. No. 146 of 2007.

F1847

Deleted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 20(a), S.I. No. 655 of 2018.

F1848

Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 15(2)(b), commenced on enactment.

F1849

Substituted (1.06.2022) by Social Welfare Act 2021 (44/2021), s. 20(a), S.I. No. 284 of 2022.

F1850

Substituted (1.01.2023) by Social Welfare Act 2022 (43/2022), s. 14(1)(a), commenced as per subs. (2).

F1851

Substituted (10.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 19(1)(a), commenced as per subs. (2).

F1852

Substituted (10.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 19(1)(b), commenced as per subs. (2).

F1853

Inserted (10.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 19(1)(c), commenced as per subs. (2).

F1854

Substituted (8.03.2017) by Social Welfare Act 2016 (15/2016), s. 23(1), commenced as per subs. (2).

F1855

Inserted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 19(b), commenced on enactment.

F1856

Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 25(2), S.I. No. 673 of 2010.

F1857

Inserted (12.11.2012) by Social Welfare (Rent Allowance) (Amendment) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 448 of 2012), art. 3.

Modifications (not altering text):

C159

Application of part restricted (12.11.2012) by Social Welfare (Rent Allowance) Regulations 1998 (S.I. No. 188 of 1998), art. 10, as substituted (12.11.2012) by Social Welfare (Rent Allowance) (Amendment) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 448 of 2012), art. 6.

Definitions

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

...

"the Act of 1982" means the Housing (Private Rented Dwellings) Act, 1982;

...

F1857[‘Act of 2005’ means the Social Welfare Consolidation Act 2005;]

"allowance" means an allowance to which section 23 of the Act of 1982 refers;

...

Allowance to be disregarded in calculating means for other purposes.

10. No account shall be taken of an allowance in the calculation of a person’s means for the purposes of assistance under Part 3 of the Act of 2005.

Editorial Notes:

E2190

Power pursuant to rule 1(2)(b)(vi) exercised (30.12.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Assessment of Earnings and Means) Regulations 2025 (S.I. No. 679 of 2025), art. 3(h) and (i), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 153(4) and 153A(4).

E2191

Power pursuant to rule 1(2)(b)(viii) exercised (30.12.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Assessment of Earnings and Means) Regulations 2025 (S.I. No. 679 of 2025), art. 3(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 147(3) and 147(2).

E2192

Power pursuant to rule 1(5) exercised (30.12.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Assessment of Earnings and Means) Regulations 2025 (S.I. No. 679 of 2025), art. 3(a) and (b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 145(3) and 145A(3).

E2193

Power pursuant to rule 1(8) exercised (30.12.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Assessment of Earnings and Means) Regulations 2025 (S.I. No. 679 of 2025), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 145(3).

E2194

Power pursuant to rule 2(1) exercised (1.01.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Disregard of Proceeds from Sale of Principal Residence – Disability Allowance, State Pension (Non-Contributory) and Blind Pension) Regulations 2024 (S.I. No. 613 of 2024), art. 4—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 158—in effect as per art. 3 Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007).

E2195

Power pursuant to rule 1(2)(b)(ii)(II) exercised (4.06.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Child Maintenance and Liable Relatives) Regulations 2024 (S.I. No. 262 of 2024), art. 8 by —which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(1)—in effect as per art. 3(2)(a).

E2196

Power pursuant to rule 1(2)(b)(ix)(I)(W) exercised (1.04.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Income Disregard) Regulations 2023 (S.I. No. 162 of 2023), art. 3—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155A—in effect as per art. 2.

E2197

Power pursuant to rule 1(2)(b)(vi) exercised (1.01.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Assessment of Spouse’s Earnings) Regulations 2023 (S.I. No. 128 of 2023), art. 5—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 153—in effect as per art. 2.

E2198

Power pursuant to rule 1(2)(b)(viii) exercised (4.01.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 15) (Earnings Disregard) Regulations 2022 (S.I. No. 614 of 2022), art. 4(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 147—in effect as per art. 3(a).

E2199

Power pursuant to rule 1(2)(b)(viii) exercised (2.06.2022) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 17) (Earnings Disregard) Regulations 2021 (S.I. No. 783 of 2021), art. 4(c)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 147—in effect as per art. 3.

E2200

Power pursuant to rule 1(5) exercised (9.01.2020) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 15) (Jobseeker’s Transitional Payment) Regulations 2019 (S.I. No. 636 of 2019), art. 3—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 145A(2)(d)—in effect as per art. 2.

E2201

Power pursuant to rules 1(5) and 1(8) exercised (7.01.2016) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Jobseeker’s Allowance Transition) Regulations 2015 (S.I. No. 597 of 2015), art. 3(a) and (b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 145 and inserted art. 145A—in effect as per art. 2.

E2202

Power pursuant to rules 1(2)(b)(vi), 1(5) and 1(8) exercised (12.11.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 447 of 2012), art. 8 and sch., which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 145, 153 and 153A.

E2203

Power pursuant to rules 1(2), 1(7) and 1(8) exercised (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), art. 13(c), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 154.

E2204

Power pursuant to rules 1(2)(b)(vi) and 1(7) exercised (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), art. 13(a) and (b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 153 and 153A.

E2205

Power pursuant to rule 1(1) exercised (20.04.2010) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Assessment of Means) Regulations 2010 (S.I. No. 157 of 2010), art. 4, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 141.

E2206

Power pursuant to rule 1(2)(b)(vi) exercised (26.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), art. 10—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 153 and inserted art. 153A—in effect as per art. 2(1); amended as per Table below.

E2207

Power pursuant to rule 1(5) exercised (26.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), art. 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 145—in effect as per art. 2(1).

E2208

Power pursuant to rule 1(8) exercised (26.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), arts. 8 and 11, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 145 and 154.

E2209

Power pursuant to rule 1(2) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 142(a), in effect as per art. 2.

E2210

Power pursuant to rule 1(3) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 156, in effect as per art. 2.

E2211

Power pursuant to rule 1(6) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 146, in effect as per art. 2; amended (7.01.2016) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Jobseeker’s Allowance Transition) Regulations 2015 (S.I. No. 597 of 2015), art. 3(c), in effect as per art. 2.

E2212

Power pursuant to rule 1(8) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 146, in effect as per art. 2; amended (7.01.2016) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Jobseeker’s Allowance Transition) Regulations 2015 (S.I. No. 597 of 2015), art. 3(c), in effect as per art. 2.

E2213

Power pursuant to rule 1(10) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 157, in effect as per art. 2.

E2214

Power pursuant to rule 2(1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 158, in effect as per art. 2.

E2215

Previous affecting provision: power pursuant to rule 1(2)(b)(viii) exercised (2.06.2021) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 8) (Earnings Disregard) Regulations 2021 (S.I. No. 78 of 2021), art. 3(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 147—in effect as per art. 3(a); substituted (2.06.2022) as per E-Note above.

E2216

Previous affecting provision: power pursuant to rule 1(2) exercised (17.12.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 16) (Assessment of Means) Regulations 2019 (S.I. No. 666 of 2019), art. 2, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 142(b)(iii); ceased (30.09.2020) by virtue of amendment thereby effected.

E2217

Previous affecting provision: power pursuant to rule 1(2) exercised (27.06.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Assessment of Means) Regulations 2019 (S.I. No. 303 of 2019), art. 2, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 142(b)(iii); substituted (17.12.2019) as per E-Note above.

E2218

Previous affecting provision: power pursuant to rule 1(5) exercised (28.03.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Jobseeker’s Transitional Payment) Regulations 2019 (S.I. No. 103 of 2019), art. 3—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 145A(2)(d)—in effect as per art. 2; substituted (9.01.2020) as per E-Note above.

E2219

Previous affecting provision: power pursuant to rule 1(2) exercised (31.12.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Assessment of Means) Regulations 2018 (S.I. No. 649 of 2018), art. 2, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 142(b)(iii); substituted (27.06.2019) as per E-Note above.

E2220

Previous affecting provision: power pursuant to rule 1(2)(b)(viii) exercised (31.12.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Earnings Disregard) Regulations 2019 (S.I. No. 42 of 2019), art. 4(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 147—in effect as per art. 3; substituted (2.06.2022) as per E-Note above.

E2221

Previous affecting provision: power pursuant to rule 1(2) exercised (24.07.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Assessment of Means) Regulations 2018 (S.I. No. 306 of 2018), art. 2, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 142(b); ceased (30.09.2020) as per para. (b)(iii) as substituted (17.12.2019) as per E-Note above.

E2222

Previous affecting provision: power pursuant to rule 1(5) exercised (29.03.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Jobseeker’s Transitional Payment) Regulations 2018 (S.I. No. 103 of 2018), art. 3—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 145A(2)(d)—in effect as per art. 2; substituted (28.03.2019) as per E-Note above.

E2223

Previous affecting provision: power pursuant to rule 1(5) exercised (5.01.2017) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Jobseeker’s Transitional Payment) Regulations 2016 (S.I. No. 621 of 2016), art. 3—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 145A(2)(d)—in effect as per art. 2; substituted (29.03.2018) as per E-Note above.

E2224

Previous affecting provision: Rule 1(2)(b)(ix)(I) substituted (19.12.2016) by Social Welfare Act 2016 (15/2016), s. 22(a), commenced on enactment; substituted (1.06.2022) as per F-Note above.

E2225

Previous affecting provision: Rule 1(2)(b)(ix)(I) substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 15(2)(b), commenced on enactment; substituted (19.12.2016) as per E-Note above.

E2226

Previous affecting provision: rule 1(1) amended by Social Welfare and Pensions Act 2007 (8/2007), s. 35(a)(i), not commenced; repealed (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(c), commenced on enactment.

E2227

Previous affecting provision: Rule 1(9) substituted (3.04.2013) by Social Welfare Act 2012 (43/2012), s. 7(1), commenced as per subs. (2); substituted (8.03.2017) as per F-Note above.

E2228

Previous affecting provision: power pursuant to rule 1(2)(b)(viii) exercised (12.11.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 447 of 2012), art. 8 and sch, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 147; substituted (2.06.2022) as per E-Note above.

E2229

Previous affecting provision: Rule 1(9) amended (1.01.2012) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010; substituted (3.04.2013) as per F-Note above.

E2230

Previous affecting provision: Rule 1(9) amended (1.01.2011) by Social Welfare Act 2011 (37/2011), s. 10(1)(a), commenced as per subs. (2); substituted (3.04.2013) as per E-Note above.

E2231

Previous affecting provision: power pursuant to rule 1(2)(b)(ii)(II) exercised (8.05.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Earnings Disregard) Regulations 2008 (S.I. No. 138 of 2008), art. 6—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(1)—in effect as per art. 2; substituted (4.06.2024) as per E-Note above.

E2232

Previous affecting provision: power pursuant to rules 1(2), 1(7) and 1(8) exercised (26.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), art. 11—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 154—in effect as per art. 2(1); substituted (21.11.2011) as per E-Note above.

E2233

Previous affecting provision: power pursuant to rule 1(2)(b)(ii)(II) exercised (26.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), art. 7—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(1)—in effect as per art. 2(1); substituted (on varying dates between 4.06.2024 and 10.06.2024) as per E-Note above.

E2234

Previous affecting provision: power pursuant to rule 1(2)(b)(viii) exercised (26.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), art. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 147—in effect as per art. 2(1); substituted (2.06.2022) as per E-Note above..

E2235

Previous affecting provision: power pursuant to rule 1(1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 141, in effect as per art. 2; substituted (20.04.2010) as per E-Note above.

E2236

Previous affecting provision: power pursuant to rule 1(2) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 142(b), in effect as per art. 2; substituted (24.07.2018) as per E-Note above.

E2237

Previous affecting provision: power pursuant to rules 1(2), 1(7) and 1(8) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 154, in effect as per art. 2; substituted (26.09.2007) as per E-Note above.

E2238

Previous affecting provision: power pursuant to rule 1(2)(b)(ii) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(1), in effect as per art. 2; substituted (on varying dates between 4.06.2024 and 10.06.2024) as per E-Note above.

E2239

Previous affecting provision: power pursuant to rule 1(2)(b)(viii) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 147, in effect as per art. 2; substituted (26.09.2007) as per E-Note above.

E2240

Previous affecting provision: power pursuant to rule 1(2)(b)(vi) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 153(3) and 153(4), in effect as per art. 2; substituted (26.09.2007) as per E-Note above.

E2241

Previous affecting provision: power pursuant to rule 1(5) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 145, in effect as per art. 2; substituted (26.09.2007) as per E-Note above.

E2242

Previous affecting provision: power pursuant to rule 1(8) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 145, 153(1), 153(2) and 153(4), in effect as per art. 2; substituted (26.09.2007) as per E-Note above.

E2243

Previous affecting provision: power pursuant to rule 1(1) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 87A—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2244

Previous affecting provision: power pursuant to rule 1(2) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 87B and 89C—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2245

Previous affecting provision: power pursuant to rule 1(2)(b)(ii) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88(1)—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2246

Previous affecting provision: power pursuant to rule 1(2)(b)(vi) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 89B(3) and (4)—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2247

Previous affecting provision: power pursuant to rule 1(2)(b)(viii) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88D—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2248

Previous affecting provision: power pursuant to rule 1(3) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90A—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2249

Previous affecting provision: power pursuant to rule 1(5) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88B—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2250

Previous affecting provision: power pursuant to rule 1(6) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88C—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2251

Previous affecting provision: power pursuant to rule 1(7) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89C—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2252

Previous affecting provision: power pursuant to rule 1(8) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 88B, 88C, 89B(1), 89B(2), 89B(4) and 89C—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2253

Previous affecting provision: power pursuant to rule 1(10) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90B—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2254

Previous affecting provision: power pursuant to rule 2(1) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90C—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2255

Previous affecting provision: rule 1(2)(b)(iii) amended (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006; deleted (3.04.2007) as per F-Note above.

E2256

Previous affecting provision: power pursuant to rules 1(2), 1(7) and 1(8) exercised (3.05.2006 and 8.05.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Qualified Adults and Earnings from Rehabilitative Employment) Regulations 2006 (S.I. No. 219 of 2006), art. 8—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 89F(1), 89F(2), 89F(4) and 89G—in effect as per arts. 2(a) and 2(d); substituted (1.11.2006) as per E-Note above.

E2257

Previous affecting provision: power pursuant to rule 1(2)(b)(vi) exercised (3.05.2006 and 8.05.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Qualified Adults and Earnings from Rehabilitative Employment) Regulations 2006 (S.I. No. 219 of 2006), art. 8(a)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89F(3) and (4)—in effect as per arts. 2(a) and 2(d); substituted (1.11.2006) as per E-Note above.

E2258

Previous affecting provision: power pursuant to rule 1(2)(b)(viii) exercised (3.05.2006 and 8.05.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Qualified Adults and Earnings from Rehabilitative Employment) Regulations 2006 (S.I. No. 219 of 2006), art. 7—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90A—in effect as per arts. 2(a) and 2(d); substituted (1.11.2006) as per E-Note above.

E2259

Previous affecting provision: power pursuant to rule 1(2) exercised (21.04.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Assessment of Maintenance) Regulations 2006 (S.I. No. 200 of 2006), art. 3, which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89(1); substituted (1.11.2006) as per E-Note above.

E2260

Previous affecting provision: power pursuant to rule 1(10) exercised (1.02.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Benefit and Privilege) Regulations 2006 (S.I. No. 120 of 2006), art. 4—which purported to amend Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90C, but with text that had already been substituted (13.04.2005) as per E-Note below—in effect as per art. 2; substituted (1.11.2006) as per E-Note above.

E2261

Previous affecting provision: power pursuant to statutory precursor of rule 1(2) exercised (11.06.2003) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Means Assessment) Regulations 2003 (S.I. No. 235 of 2003), art. 2, which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89(1), subject to saver in art. 3; amended (31.01.2005) by Social Welfare (Consolidated Supplementary Welfare Allowance (Amendment) Regulations 2005(S.I. No. 54 of 2005), art. 9, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

E2262

Previous affecting provision: power pursuant to statutory precursor of rule 1(2)(b)(ii)exercised (30.04.2003 and 7.05.2003) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Means Assessment) Regulations 2003 (S.I. No. 170 of 2003), art. 4(a)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89C(1)—in effect as per arts. 2(a) and 2(b); continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

E2263

Previous affecting provision: power pursuant to statutory precursor of rule 1(10) exercised (30.04.2003) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Means Assessment) Regulations 2003 (S.I. No. 170 of 2003), art. 4(b)—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90C—in effect as per art. 2(a); amended (7.04.2004) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations 2004 (S.I. No. 125 of 2004), art. 5, in effect as per art. 2(b); further amended (13.04.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005 (S.I. No. 184 of 2005), art. 7, in effect as per art. 2(2); continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

E2264

Previous affecting provision: power pursuant to statutory precursor of rule 1(1) exercised (9.10.1999) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance and Farm Assist) Regulations 1999 (S.I. No. 324 of 1999), art. 3(b), which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 87A; amended (on various dates between 4.10.2000 and 12.10.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 12) (Capital Assessment) Regulations 2000 (S.I. No. 313 of 2000), art. 4(c), in effect as per arts. 3(a), 3(d) and 3(e); continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

E2265

Previous affecting provision: power pursuant to statutory precursor of rules 1(2), 1(7) and 1(8) exercised (9.10.1999) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance and Farm Assist) Regulations 1999 (S.I. No. 324 of 1999), art. 4(b), which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89G; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (3.05.2006 and 8.05.2006) as per E-Note above.

E2266

Previous affecting provision: power pursuant to statutory precursor of rule 1(2)(b)(viii) exercised (5.04.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) Regulations, 2000 (S.I. No. 103 of 2000), art. 4(b)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 90A(1)—in effect as per art. 2(a); amended (3.04.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Miscellaneous Provisions) Regulations 2002 (S.I. No. 120 of 2002), art. 4(c), in effect as per art. 2(a); continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (3.05.2006 and 8.05.2006) as per E-Note above.

E2267

Previous affecting provision: power pursuant to statutory precursor of rule 1(3) exercised (on various dates between 4.10.2000 and 12.10.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 12) (Capital Assessment) Regulations 2000 (S.I. No. 313 of 2000), art. 4(b)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 87—in effect as per arts. 3(a), 3(d) and 3(e); continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

E2268

E2269

Previous affecting provision: power pursuant to statutory precursor of rule 1(2)(b)(vi) exercised (9.10.1999) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance and Farm Assist) Regulations 1999 (S.I. No. 324 of 1999), art. 4(b)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 89F(3) and 89F(4)—in effect as per arts. 2(a) and 2(b); amended (on dates between 29.03.2000 and 5.04.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Disregard from Spouse's Earnings) Regulations 2000 (S.I. No. 83 of 2000), art. 4(b), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (3.05.2006 and 8.05.2006) as per E-Note above.

E2270

Previous affecting provision: power pursuant to statutory precursor of rules 1(5) and 1(8) exercised (9.10.1999) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance and Farm Assist) Regulations 1999 (S.I. No. 324 of 1999), art. 4(b), which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 89D and 89H; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

E2271

Previous affecting provision: power pursuant to statutory precursor of rules 1(6) and 1(8) exercised (9.10.1999) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance and Farm Assist) Regulations 1999 (S.I. No. 324 of 1999), art. 4(b), which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89E; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

E2272

Previous affecting provision: power pursuant to statutory precursor of rule 1(8) exercised (9.10.1999) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance and Farm Assist) Regulations 1999 (S.I. No. 324 of 1999), art. 4(b), which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 89F(1), 89F(2) and 89F(4); continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted 3.05.2006 and 8.05.2006 as per E-Note above.

E2273

Previous affecting provision: power pursuant to statutory precursor of rule 2(1) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90, in effect as per art. 2; amended as per Table below; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

Table

Amendments to art. 90

• amended (on various dates between 7.04.2005 and 6.06.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005 (S.I. No. 184 of 2005), art. 6, in effect as per art. 2.

• amended (3.04.2002 to 5.04.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Miscellaneous Provisions) Regulations 2002 (S.I. No. 120 of 2002), art. 5, in effect as per art. 2.

• amended (5.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Miscellaneous Provisions) Regulations 2001 (S.I. No. 132 of 2001), art. 3.

• amended (5.07.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Sale of Residence) Regulations 2000 (S.I. No. 232 of 2000), art. 2.

E2274

Previous affecting provision: application of part restricted (1.12.2005) by Social Welfare (Rent Allowance) Regulations 1998 (S.I. No. 188 of 1998), art. 10; substituted (12.11.2012) as per C-Note above.

F1858[PART 3

State Pension (Non-Contributory)

Section 153.

1. Subject to paragraphs (2) and (3), in calculating the means of a person, account shall be taken of the following:

(1) other than in the circumstances and subject to the conditions and for the periods that may be prescribed, the weekly value of property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him or her) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use and the weekly value, calculated in accordance with F1859[reference 1 of Table 1] to this Schedule, constitutes the weekly means of a person from that property, but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;

(2) all income in cash (including the net cash value of such non-cash benefits as may be prescribed), and the income received by a qualified child or qualified children that may be prescribed which the person may reasonably expect to receive during the year succeeding the date of calculation, but—

(a) excluding the amounts at references 1 to 19 in Table 2 to this Schedule, and

(b) excluding—

F1860[(i) in relation to maintenance—

(I) any maintenance payment made to or in respect of a qualified child, and

(ii) any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920,

(iii) any moneys received under a scheme administered by the Minister for Agriculture and Food and known as the Early Retirement Scheme from Farming operated under Council Regulation (EEC) No. 2079/92 of 30 July 1992², or Council Regulation (EC) No. 1257/99 of 17 May 1999³,

(iv) any moneys received in respect of rent from a person who resides with the claimant or beneficiary and but for the residence of the person the claimant or beneficiary would reside alone,

(v) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person or a farm of land leased by him or her),

(vi) the prescribed amount of any earnings from employment, subject to the circumstances and conditions that may be prescribed,

(vii) F1861[…]

(viii) F1861[…]

(ix) F1862[…]

(x) an amount of F1863[€5,000] together with one-half of any amount in excess of F1863[€5,000]received under the following schemes:

F1864[F1865[(I) the following schemes administered by the Minister for Agriculture, Food and the Marine, namely the Schemes commonly known and referred to as:

(A) the Rural Environment Protection Scheme;

(B) the Agri-Environment Options Scheme;

(D) the Beef Exceptional Aid Measure;

(E) the Beef Data and Genomics Programme (2015 - 2020) (2017 - 2022) (2021);

(F) the Beef Environmental Efficiency Plan (BEEP-S) as part of the Beef Sector Efficiency Programme;

(G) the Dairy Beef Calf Programme as part of the Beef Sector Efficiency Programme;

(H) the Results Based Environment Agri-Pilot Programme;

(I) the Sheep Welfare Scheme;

(J) the Afforestation Grant and Premium Scheme (2000 - 2006) (2007 - 2013) (2014 - 2020);

(K) the Ash Dieback Replanting Scheme;

(L) the Creation of Woodland on Public Lands Scheme;

(M) the Deer Tree Shelter and Deer/Hare Fencing Scheme;

(N) the Forestry Grants and Premium Schemes (2014 - 2020);

(O) the Forest Genetic Resources Reproductive Material Scheme;

(P) the Forest Road Scheme;

(Q) the Forestry Knowledge Transfer Group Scheme;

(R) the Innovative Forestry Forest Technology: Central tyre inflation scheme module;

(S) the Native Woodland Conservation Scheme;

(T) the NeighbourWood Scheme;

(U) the Reconstitution and Underplanting Scheme (Ash Dieback);

(V) the Woodland Improvement Scheme including Continuous Forestry Cover;

(W) such additional Schemes administered by the Minister for Agriculture, Food and the Marine relating to agri-environmental schemes as may, following consultation with that Minister, be prescribed.]

(II) the National Parks and Wildlife Service Farm Plan Scheme administered by the Minister for Arts, Heritage and the Gaeltacht,]

and that income shall, in the absence of other means for ascertaining it, be taken to be that actually received during the year immediately before the date of calculation but where that income is attributable to a period before the year immediately preceding the date of calculation but is received in a subsequent year, it shall be regarded for the purposes of this paragraph as having been received in the year to which it is attributable;

(3) the yearly value of any advantage accruing to the person from—

(a) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by the person, and

(b) a farm of land leased by the person.

2. (1) Subject to paragraph (2), if it appears that any person has, whether before or after the commencement of this Act, directly or indirectly deprived himself or herself of any income or property in order to qualify himself or herself for the receipt of the pension in question, or for the receipt of the pension at a higher rate than that to which he or she would otherwise be entitled, that income or the value of that property shall for the purposes of these Rules be taken to be part of the means of that person.

(2) Paragraph (1) shall not apply to any assignment—

(a) which is an assignment to a child or children of the assignor, and

(b) which is an assignment of property consisting of a farm of land (together with or without the stock and chattels thereon) and of which the assignor is the owner and the occupier or the occupier only.

(3) In the case of a person to whom paragraph (1) applies, where the income or the value of the property taken to be part of his or her means for the purposes of that paragraph has reduced since the date of calculation, the calculation may be revised, subject to the conditions and in the circumstances that may be prescribed, but regulations made under this paragraph shall not cause the income or the value of the property taken to be part of his or her means to be increased.

(4) For the purposes of this Rule, ‘assignment’ includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.

F1866[3. (1) Notwithstanding this Schedule and subject to paragraph (2), the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together or civil partners of the same civil partnership who are living together, the spouse or civil partner of the claimant or beneficiary where the spouse or civil partner has attained pensionable age, shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant, beneficiary or pensioner.]

(2) Paragraph (1) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.

4. (1) The following apply when calculating the means of a person who is one of a couple living together:

(a) the means of the person shall be taken to be one-half of the total means of the couple;

(b) the person is deemed to be entitled to one-half of all property to which the person or the other member of the couple is entitled or to which the person and the other member of the couple are jointly entitled;

(c) for the purposes of this Rule, the means of each member of the couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate, as the case may be) and the total means shall be the sum of the means of each member as so determined;

(d) where one member of the couple dies, nothing which was reckoned for the purposes of pension, or would (if the deceased member had been entitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period before or part of which was before that death.

F1867[4. (2) In this Rule ‘couple’ means—

(a) a married couple who are living together,

(b) both civil partners who are parties to the same civil partnership and who are living together, or

(3) In calculating the means of a person who is one of a married couple living apart from his or her spouse, any sum paid by him or her to his or her spouse under a separation order shall be deducted in calculating his or her means.

5. (1) Notwithstanding these Rules, where—

(a) a State pension (non-contributory) is in course of payment to or in respect of a person or the spouse F1868[, civil partner or cohabitant] of the person or both of them, and

(b) a pension or pensions (in this Rule referred to as ‘the other pension’), not being a State pension (non-contributory), is in course of payment to or in respect of the person or the spouse F1868[, civil partner or cohabitant] of the person or both of them,

in calculating the means of the person or of the spouse F1868[, civil partner or cohabitant] or of both of them for the purposes of State pension (non-contributory), any portion of the amount of an increase in the other pension or the aggregate increase, where more than one increase in the other pension has occurred, which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount by which the other pension has been increased, shall not be reckoned as means.

(2) Any amount excluded from the calculation of means in accordance with reference 16 in Table 2 to this Schedule shall be subject to Rule 5(1).

6. Notwithstanding this Schedule, the amount of any allowance, special allowance, dependent’s allowance, disability pension or wound pension under the Army Pensions Acts 1923 to 1980, or pension under the Military Service Pensions Acts 1924 to 1964, arising out of service in the period commencing on 23 April 1916 and ending on 30 September 1923, or pension under the Connaught Rangers (Pensions) Acts 1936 to 1964, shall be disregarded in the calculation of means for the purposes of Chapter 4of Part 3.

7. The Minister may by regulations vary Rule 1(1) and Table 1 to this Schedule in relation to the calculation of the weekly value of property belonging to a person.]

Annotations

Amendments:

F1858

Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 24 and sch. 4, S.I. No. 334 of 2006.

F1859

Substituted (6.06.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 35(b)(i), S.I. No. 256 of 2007.

F1860

Substituted (7.06.2024) by Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 (6/2024), s. 8(1)(c), S.I. No. 263 of 2024.

F1861

Deleted (6.04.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 35(b)(ii), S.I. No. 146 of 2007.

F1862

Deleted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 10(1)(b), commenced as per subs. (2).

F1863

Substituted (1.01.2023) by Social Welfare Act 2022 (43/2022), s. 14(1)(b), commenced as per subs. (2).

F1864

Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 15(2)(c), commenced on enactment.

F1865

Substituted (1.06.2022) by Social Welfare Act 2021 (44/2021), s. 20(b), S.I. No. 284 of 2022.

F1866

Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 25(3)(a), S.I. No. 673 of 2010.

F1867

Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 25(3)(b), S.I. No. 673 of 2010.

F1868

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010.

F1869

Inserted/Substituted by Social Welfare and Pensions Act 2008 (2/2008), s.13(i), not commenced as of date of revision.

F1870

Inserted (12.11.2012) by Social Welfare (Rent Allowance) (Amendment) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 448 of 2012), art. 3.

Modifications (not altering text):

C160

Prospective amending provision: Rule 1(2)(b)(ii) amended by Social Welfare and Pensions Act 2008 (2/2008), s. 13(i), not commenced as of date of revision.

F1869[(ii) any income arising from blind welfare allowance under Chapter 5A of Part 3,]

C161

Definitions

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

...

"the Act of 1982" means the Housing (Private Rented Dwellings) Act, 1982;

...

F1870[‘Act of 2005’ means the Social Welfare Consolidation Act 2005;]

"allowance" means an allowance to which section 23 of the Act of 1982 refers;

...

Allowance to be disregarded in calculating means for other purposes.

10. No account shall be taken of an allowance in the calculation of a person’s means for the purposes of assistance under Part 3 of the Act of 2005.

Editorial Notes:

E2275

Power pursuant to rule 1(2)(b)(vi) exercised (30.12.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Assessment of Earnings and Means) Regulations 2025 (S.I. No. 679 of 2025), art. 3(d), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 148(3).

E2276

Power pursuant to rule 3(1) exercised (1.01.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Disregard of Proceeds from Sale of Principal Residence – Disability Allowance, State Pension (Non-Contributory) and Blind Pension) Regulations 2024 (S.I. No. 613 of 2024), art. 4—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 158—in effect as per art. 3 Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007).

E2277

Power pursuant to rule 1(2)(b)(i)(II) exercised (7.06.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Child Maintenance and Liable Relatives) Regulations 2024 (S.I. No. 262 of 2024), art. 8 by —which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(1)—in effect as per art. 3(2)(d).

E2278

Power pursuant to rule 1(2)(b)(x)(I)(W) exercised (1.04.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Income Disregard) Regulations 2023 (S.I. No. 162 of 2023), art. 3—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155A—in effect as per art. 2.

E2279

Power pursuant to rule 1(2) exercised (26.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), art. 11—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 154—in effect as per art. 2(1); amended (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), art. 13(c).

E2280

Power pursuant to rule 1(1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 141, in effect as per art. 2; amended (20.04.2010) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Assessment of Means) Regulations 2010 (S.I. No. 157 of 2010), art. 4.

E2281

Power pursuant to rule 1(2) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 142(a), in effect as per art. 2.

E2282

Power pursuant to rule 1(2)(b)(vi) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 148, in effect as per art. 2; amended (12.11.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 447 of 2012), art. 8 and sch.

E2283

Power pursuant to rule 3(1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 158, in effect as per art. 2.

E2284

E2285

E2286

E2287

E2288

Previous affecting provision: Rule 1(2)(b)(x) substituted (19.12.2016) by Social Welfare Act 2016 (15/2016), s. 22(b), commenced on enactment; substituted (1.06.2022) as per F-Note above.

E2289

Previous affecting provision: power pursuant to rule 1(2)(b)(i)(II) exercised (8.05.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 138 of 2008), art. 6—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(1)—in effect as per art. 2; substituted (7.06.2024) as per E-Note above.

E2290

Previous affecting provision: power pursuant to rule 1(2)(b)(i)(II) exercised (26.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), art. 7—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(1)—in effect as per art. 2(1); substituted (7.06.2024) as per E-Note above.

E2291

Previous affecting provision: power pursuant to rule 1(2) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 154, in effect as per art. 2; substituted (26.09.2007) as per E-Note above.

E2292

E2293

Previous affecting provision: power pursuant to rule 1(2)(b)(i)(II) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(1), in effect as per art. 2; substituted (7.06.2024) as per E-Note above.

E2294

Previous affecting provision: power pursuant to rule 1(4)(a) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 151, in effect as per art. 2; substituted (8.05.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment)(No. 2) (Earnings Disregard) Regulations 2008 (S.I. No. 138 of 2008), art. 5—the replacement art. 151 no longer containing any reference to rule 1(4)(a)—in effect as per art. 2.

E2295

Previous affecting provision: power pursuant to rule 1(2)(b)(vi) exercised (20.12.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), art. 7, which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89A; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2296

E2297

E2298

Previous affecting provision: power pursuant to rule 1(2)(b)(i) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88(1)—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2299

Previous affecting provision: power pursuant to rule 1(2)(b)(vi) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88E—in effect as per art. 2; substituted (20.12.2006) as per E-Note above.

E2300

Previous affecting provision: power pursuant to rule 1(4) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2301

Previous affecting provision: power pursuant to rule 3(1) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90C—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2302

Previous affecting provision: power pursuant to rule 1(2)(b)(vi) exercised (29.09.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 12) (State and Widow(er)'s Pension (Non-Contributory Earnings Disregard) Regulations 2006 (S.I. No. 519 of 2006), art. 4—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89A—in effect as per art. 2; substituted (1.11.2006) as per E-Note above.

E2303

Previous affecting provision: power pursuant to rule 1(4)(a) exercised (14.09.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (One-Parent Family Payment) (Assessment of Earnings Regulations 2006 (S.I. No. 486 of 2006), art. 3, which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89EA; substituted (1.11.2006) as per E-Note above.

E2304

Previous affecting provision: power pursuant to statutory precursor of rule 1(2) exercised (21.04.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Assessment of Maintenance) Regulations 2006 (S.I. No. 200 of 2006), art. 3, which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89(1)(aa); substituted (1.11.2006) as per E-Note above.

E2305

Previous affecting provision: Rule 1(4)(a) amended (16.12.2005) by Social Welfare Act 2005 (30/2005), s. 9(b), commenced on enactment; substituted (29.09.2006) as per F-note above.

E2306

E2307

Previous affecting provision: power pursuant to statutory precursor of rule 1(2)(b)(i) exercised (9.05.2003) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Means Assessment) Regulations 2003 (S.I. No. 170 of 2003), art. 4(a)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89C(1)—in effect as per art. 2(c); continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

E2308

E2309

Previous affecting provision: power pursuant to statutory precursor of rule 3(1) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90, in effect as per art. 2; amended as per Table below; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

Table

• amended (3.06.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005 (S.I. No. 184 of 2005), art. 6, in effect as per art. 2(e).

• amended (5.04.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Miscellaneous Provisions) Regulations 2002 (S.I. No. 120 of 2002), art. 5, in effect as per art. 3(c).

• amended (5.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Miscellaneous Provisions) Regulations 2001 (S.I. No. 132 of 2001), art. 3.

• amended (5.07.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Sale of Residence) Regulations 2000 (S.I. No. 232 of 2000), art. 2.

E2310

PART 4

Supplementary Welfare Allowance

Section 196.

1. In calculating the weekly means of a person for supplementary welfare allowance account shall be taken of the following—

F1871[(1) other than in the circumstances and subject to the conditions and for the periods that may be prescribed, the weekly value of property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him or her) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use and the weekly value, calculated in accordance with reference 3 of Table 1 to this Schedule, constitutes the weekly means of a person from that property;]

(2) all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and the non-cash benefits that may be prescribed and the actual or estimated amount of any household income, whether as contributions to the expenses of the household or otherwise, but—

(a) excluding the amounts at references 2 to 11 F1872[, 18A] and 19 in Table 2 to this Schedule, and

(b) excluding—

(i) in the cases that may be prescribed, any moneys received by way of a maintenance grant,

(ii) any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920,

(iii) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person or a farm of land leased by the person),

(iv) the amount that may be prescribed of F1873[earnings referred to in Rule 1(2)(b)(viii) of Part 2 and Rule 1(2)(b)(x) of Part 5], F1874[…]

F1875[(iva) any moneys received by way of guardian’s payment (contributory), guardian’s payment (non-contributory), domiciliary care allowance or F1876[carer’s support grant], F1877[…]]

F1878[(v) in the case of a person in receipt of a supplement under section 198 towards the amount of mortgage interest or rent payable by the person in respect of his or her residence—

F1879[(I) An amount equal to the sum of the first €75 of any additional income (within the meaning of Rule 2) and 25 per cent of so much of that additional income as exceeds €75, when that additional income has been reduced by the aggregate of—

(A) any allowable contribution referred to in Regulation 31 of the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018),

(B) any amount deducted from reckonable earnings under section 13 and regulations made under section 14, and

(C) any participant contribution deducted from emoluments (within the meaning of Part 3 of the Automatic Enrolment Retirement Savings System Act 2024) in accordance with section 59(1)(b) of that Act, ]

(II) the amount by which carer’s allowance as set out in column (2) at reference 8(a) or 8(b), as appropriate, of Part 1 of Schedule 4 exceeds—

(A) the amount of supplementary welfare allowance set out in column (3) at reference 10 of Part 1 of Schedule 4, where the person, or the person’s spouse F1880[, civil partner or cohabitant], is in receipt of carer’s allowance under Part 3; or

(B) the amount of supplementary welfare allowance set out in column (2) at reference 10 of Part 1 of Schedule 4, where the person, not being one of a couple F1881[or not being one of a civil partnership], is in receipt of carer’s allowance under Part 3;

(III) the amount by which carer’s benefit as set out in column (2) at reference 7(a) or 7(b), as appropriate, of Part 1 of Schedule 2 exceeds—

(IV) the amount payable under F1882[186A; and]]

F1883[(V) any moneys received by way of back to work family dividend under F1884[Part 7A, and]]

F1885[(vi) any maintenance payment made to or in respect of a qualified child;]

(3) the value of any advantage accruing to the person from—

(a) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by him or her, and

(b) the leasing by the person of a farm of land;

(4) all income and the value of all property of which the person has directly or indirectly deprived himself or herself in order to qualify himself or herself for the receipt of supplementary welfare allowance;

F1886[(5) (a) the weekly value of any benefit or privilege, calculated in the manner that may be prescribed, enjoyed by the person, who has not attained the age that may be prescribed, by virtue of residing with a parent or step-parent, and

(b) the weekly value of any benefit or privilege, other than benefit or privilege under paragraph (a), enjoyed by the person.]

F1887[1A. F1888[(1) In determining entitlement to rent or mortgage interest supplement payable under section 198, the non-cash benefits referred to in Rule 1(2) shall include the weekly net cash value to the person of his or her annual housing costs actually incurred and paid by a liable relative.]

(2) In assessing the means of a person for the purpose of a rent or mortgage interest supplement payable under section 198, where a claimant has attained F1889[pensionable age], and his or her combined household income is greater than the rate of supplementary welfare allowance appropriate to his or her circumstances, an amount equal to the difference between the maximum rate of State pension (contributory) appropriate to his or her circumstances and the said rate of supplementary welfare allowance shall be disregarded.

F1890[(3) Where a person or his or her spouse F1880[, civil partner or cohabitant] has any additional income to which Rule 1(2)(b)(iv) or Rule 1(2)(b)(v)(I) may apply, only one such Rule shall apply, being whichever is the more favourable to the person.]

(4) Subject to paragraph (5), Rules 1(1), 1(2)(b)(iva), 1(2)(b)(v) and 1A shall not have the effect of reducing the rate of supplementary welfare allowance below the rate payable immediately before the commencement of section 36 of the Social Welfare and Pensions Act 2007.

(5) Paragraph (4) shall cease to apply to any person where his or her means have increased.]

F1891[2. (1) Where Rule 1(2)(b)(v)(I) applies to a person, ‘additional income’ in relation to that person means an amount determined, subject to paragraph (2), by the formula—

(A+B) - C

where—

A is the sum of—

(i) any weekly income arising which that person receives from such employment or training or participation or placement in such scheme or programme as is prescribed,

(ii) any weekly income which that person receives by way of F1892[working family payment] under Part 6, and

(iii) in so far as it exceeds €4,952 per annum, the aggregate of—

F1893[(I) any maintenance payments, other than a maintenance payment made to or in respect of a qualified child, made by a liable relative, and]

(II) the net cash value of the non-cash benefits referred to in Rule 1A(1),

B is the amount of the assessable weekly means of the person from all other sources under Part 4 of Schedule 3, and

C is the weekly rate of supplementary welfare allowance set out in column (2) of Part 1 of Schedule 4, increased by—

(i) the amount set out in column (3) of that Part, where the person has a qualified adult, and

F1894[(ii) the amount set out—

(I) in column (4) of that Part in respect of each qualified child of that person who has not attained the age of 12 years, and

(II) in column (5) of that Part in respect of each qualified child of that person who has attained the age of 12 years]

(2) The amount determined by the formula in paragraph (1) shall not exceed the sum represented by A in that formula.]

F1895[2A. (1) In the calculation of the weekly means of a person for supplementary welfare allowance, notwithstanding any exclusion under Rule 1(2)(b), account shall be taken of any incentive payment made to a person or the spouse F1880[, civil partner or cohabitant] of such person under the special incentive career break scheme.

(2) Without prejudice to the generality of paragraph (1), for the purposes of Rule 2, additional income does not include income arising from any incentive payment under such scheme which is made to a person referred to in Rule 1(2)(b)(v).]

Annotations

Amendments:

F1871

Substituted (6.06.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 36(a)(i), S.I. No. 256 of 2007.

F1872

Inserted (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s.24(a), commenced on enactment.

F1873

Substituted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 20(b), S.I. No. 655 of 2018.

F1874

Deleted (6.06.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 36(a)(ii)(I), S.I. No. 256 of 2007.

F1875

Substituted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 19, commenced on enactment.

F1876

Substituted (1.01.2016) by Social Welfare and Pensions Act 2015 (47/2015), s. 5(1) and sch. 2, commenced as per subs. (3).

F1877

Deleted (6.06.2024) by Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 (6/2024), s. 8(1)(d)(i), S.I. No. 263 of 2024.

F1878

Substituted (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s.24(b), commenced on enactment.

F1879

Inserted (1.01.2026) by Social Welfare and Automatic Enrolment Retirement Savings System (Amendment) Act 2025 (19/2025), s. 16(2), commenced as per subs. (3).

F1880

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010.

F1881

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 20, S.I. No. 673 of 2010.

F1882

Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 19, commenced on enactment.

F1883

Inserted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 19, commenced on enactment.

F1884

Substituted (6.06.2024) by Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 (6/2024), s. 8(1)(d)(ii), S.I. No. 263 of 2024.

F1885

Inserted (6.06.2024) by Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 (6/2024), s. 8(1)(d)(iii), S.I. No. 263 of 2024.

F1886

Substituted (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 34, commenced on enactment.

F1887

Inserted (6.06.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 36(b), S.I. No. 256 of 2007.

F1888

Substituted (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s.24(c)(i), commenced on enactment.

F1889

Substituted (14.12.2023) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 18, commenced on enactment.

F1890

Substituted (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s.24(c)(ii), commenced on enactment.

F1891

Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 17, commenced on enactment.

F1892

Substituted (1.01.2018) by Social Welfare Act 2017 (38/2017), s. 8(1) and sch. 1, commenced as per subs. (3).

F1893

Substituted (6.06.2024) by Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 (6/2024), s. 8(1)(e), S.I. No. 263 of 2024.

F1894

Substituted (25.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 24, S.I. No. 116 of 2019.

F1895

Inserted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 19(c), commenced on enactment.

F1896

Substituted by Social Welfare and Pensions Act 2008 (2/2008), s. 12(b), not commenced as of date of revision.

F1897

Inserted (12.11.2012) by Social Welfare (Rent Allowance) (Amendment) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 448 of 2012), art. 3.

Modifications (not altering text):

C162

Prospective amending provision: Part 4 substituted by Social Welfare and Pensions Act 2008 (2/2008), s. 12(b), not commenced as of date of revision.

F1896[PART 4

Sections 161G and 196.

Blind Welfare Allowance and Supplementary Welfare Allowance

1. In calculating the weekly means of a person for blind welfare allowance or supplementary welfare allowance account shall be taken of the following:

(1) other than in such circumstances, and subject to such conditions and for such periods, as are prescribed, the weekly value of property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by the person) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use, is not invested or put to profitable use, and the weekly value calculated—

(a) for the purposes of blind welfare allowance, in accordance with reference 2 of Table 1 to this Schedule, or

(b) for the purposes of supplementary welfare allowance, in accordance with reference 3 of that Table,

constitutes the weekly means of a person from that property;

(2) all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and such non-cash benefits as are prescribed and the actual or estimated amount of any household income, whether as contributions to the expenses of the household or otherwise, but excluding—

(a) the amounts at references 2 to 11, 18A and 19 in Table 2 to this Schedule,

(b) in such cases as are prescribed, any moneys received by way of a maintenance grant,

(d) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person or a farm of land leased by the person),

(e) such amount as is prescribed of earnings from employment of a rehabilitative nature,

(f) any moneys received by way of guardian’s payment (contributory), guardian’s payment (non-contributory) or respite care grant, and

(g) in the case of a person in receipt of a supplement under section 198 towards the amount of mortgage interest or rent payable by the person in respect of his or her residence—

(i) an amount equal to the sum of the first €75 of any additional income (within the meaning of Rule 2) and 25 per cent of so much of that additional income as exceeds €75, when that additional income has been reduced by the aggregate of—

(I) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001),

(II) any amount deducted from reckonable earnings under section 13 and regulations made under section 14,

(III) any amount deducted from reckonable earnings under section 5 of the Health Contributions Act 1979,

and

(ii) the amount by which carer’s allowance as set out in column (2) at reference 8(a) or 8(b), as appropriate, of Part 1 of Schedule 4 exceeds—

(I) the amount of supplementary welfare allowance set out in column (3) at reference 10 of Part 1 of Schedule 4, where the person, or the person’s spouse, is in receipt of carer’s allowance under Part 3,

(II) the amount of supplementary welfare allowance set out in column (2) at reference 10 of Part 1 of Schedule 4, where the person, not being one of a couple, is in receipt of carer’s allowance under Part 3,

(iii) the amount by which carer’s benefit as set out in column (2) at reference 7(a) or 7(b), as appropriate, of Part 1 of Schedule 2 exceeds—

(II) the amount by which carer’s benefit as set out in column (2) at reference 7(a) or 7(b), as appropriate, of Part 1 of Schedule 2 exceeds the amount of supplementary welfare allowance set out in column (2) at reference 10 of Part 1 of Schedule 4, where the person, not being one of a couple, is in receipt of carer’s benefit under Part 2,

(iv) the amount payable under section 186A,

(h) in the case of blind welfare allowance—

(i) where the person, or the person’s spouse, is in receipt of carer’s allowance under Chapter 8 of Part 3, the amount by which carer’s allowance as set out in column (2) at reference 8(a) or 8(b), as appropriate, of Part 1 of Schedule 4 exceeds—

(I) the highest rate of increase of blind pension set out in Part 3 of Schedule 4 (where the person has not attained pensionable age), or

(II) the highest rate of increase of State pension (non-contributory) set out in Part 2 of Schedule 4 (where the person has attained pensionable age),

(ii) where the person, not being one of a couple, is in receipt of carer’s allowance under Chapter 8 of Part 3, the amount by which carer’s allowance as set out in column (2) at reference 8(a) or 8(b), as appropriate, of Part 1 of Schedule 4 exceeds—

(I) the amount of blind pension set out in column (2) at reference 5 of Part 1 of Schedule 4 (where the person has not attained pensionable age), or

(II) the highest rate of increase of State pension (non-contributory) set out in column (2) at reference 4 of Part 1 of Schedule 4 (where the person has attained pensionable age),

(iii) the amount payable under section 186A;

(3) the value of any advantage accruing to the person from—

(a) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by the person, and

(b) the leasing by the person of a farm of land;

(4) all income and the value of all property of which the person has directly or indirectly deprived himself or herself in order to qualify himself or herself for the receipt of blind welfare allowance or supplementary welfare allowance;

(5) in the case of supplementary welfare allowance—

(a) the weekly value, calculated in such manner as is prescribed, of any benefit or privilege enjoyed by the person by reason of—

(i) residing with a parent or step-parent, and

(ii) not having attained such age as is prescribed,

and

(b) the weekly value of any benefit or privilege, other than benefit or privilege referred to in paragraph (a), enjoyed by the person.

2. In Rule 1(2)(g)(i), ‘additional income’ means the amount by which the aggregate of—

(a) income arising from such employment or training as is prescribed,

(b) income arising from the receipt by the person of family income supplement under Part 6, and

(i) any maintenance payments made by a liable relative, and

(ii) the net cash value of the non-cash benefits referred to in Rule 1(2),

in so far as it exceeds €4,952,

which, when aggregated with the assessable weekly means of the person from all other sources under this Part, is in excess of—

(i) the rate of supplementary welfare allowance set out in column (2) of Part 1 of Schedule 4, increased by

(ii) the amount set out in column (3) of that Part, where the person has a spouse, and

(iii) the amount set out in column (4) of that Part multiplied by the number of qualified children.

3. In determining entitlement to rent or mortgage interest supplement payable under section 198, the non-cash benefits referred to in Rule 1(2) shall include the weekly net cash value to the person of the annual housing costs of the person actually incurred and paid by a liable relative.

4. In assessing the means of a person for the purpose of a rent or mortgage interest supplement payable under section 198 where the person has attained the age of 65 years, and the person’s combined household income is greater than the rate of supplementary welfare allowance appropriate to the person’s circumstances, an amount equal to the difference between the maximum rate of State pension (contributory) appropriate to the person’s circumstances and that rate of supplementary welfare allowance shall be disregarded.

5. In the case of supplementary welfare allowance, where a person or the person’s spouse has any additional income to which Rule 1(2)(e) or Rule 1(2)(g)(i) may apply, only one such Rule shall apply, being whichever is the more favourable.

6. (1) Subject to paragraph (2), Rules 1(1), 1(2)(f) and 1(2)(g) shall not have the effect of reducing the rate of supplementary welfare allowance below the rate payable immediately before 6 June 2007.

(2) This rule shall cease to apply to any person whose means have increased.]

C163

Definitions

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

...

"the Act of 1982" means the Housing (Private Rented Dwellings) Act, 1982;

...

F1897[‘Act of 2005’ means the Social Welfare Consolidation Act 2005;]

"allowance" means an allowance to which section 23 of the Act of 1982 refers;

...

Allowance to be disregarded in calculating means for other purposes.

10. No account shall be taken of an allowance in the calculation of a person’s means for the purposes of assistance under Part 3 of the Act of 2005.

Editorial Notes:

E2311

Power to prescribe amount under Rule 1(2)(b)(iv) exercised (4.01.2023 as regards disability allowance, 6.01.2023 as regards blind pension) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 6) (Earnings Disregard) Regulations 2022 (S.I. No. 723 of 2022), art. 3—which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 33—in effect as per art. 2.

E2312

Power to prescribe employment, training, schemes and programmes under Rule 2(1), in the definition of what is represented by A in the formula set out therein, exercised (5.11.2013) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Rent and Mortgage Interest Supplement) Regulations 2013 (S.I. No. 422 of 2013), art. 2, which inserted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36A.

E2313

Power to prescribe age for the purposes of Rule 1(5)(a) exercised (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 34, in effect as per art. 2.

E2314

Previous affecting provision: power to prescribe non-cash benefits for the purposes of Rule 1(2) exercised (17.12.2019) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 6) (Assessment of Means) Regulations 2019 (S.I. No. 667 of 2019), art. 2, which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 35(2); art. 35 ceased to have effect (30.09.2020) by sub-art. (2) as so-substituted.

E2315

Previous affecting provision: power to prescribe non-cash benefits for the purposes of Rule 1(2) exercised (27.06.2019) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Assessment of Means) Regulations 2019 (S.I. No. 304 of 2019), art. 2, which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 35(2); substituted (17.12.2019) as per E-Note above.

E2316

Previous affecting provision: power to prescribe non-cash benefits for the purposes of Rule 1(2) exercised (31.12.2018) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No.7) (Assessment of Means) Regulations 2018 (S.I. No. 650 of 2018), art. 2, which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 35(2); substituted (27.06.2019) as per E-Note above.

E2317

Previous affecting provision: power to prescribe amount under Rule 1(2)(b)(iv) exercised (31.12.2018) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Earnings Disregard) Regulations 2019 (S.I. No. 41 of 2019), art. 3—which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 33—in effect as per art. 2; amended (with retrospective effect from 2.06.2021 as regards disability allowance, from 4.06.2021 as regards blind pension) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Earnings Disregard) Regulations 2022 (S.I. No. 401 of 2022), art. 3, in effect as per art. 2; substituted (4.01.2023 and 6.01.2023) as per E-Note above.

E2318

Previous affecting provision: power to prescribe non-cash benefits for the purposes of Rule 1(2) exercised (24.07.2018) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Assessment of Means) Regulations 2018 (S.I. No. 307 of 2018), art. 2, which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 35(1); ceased (30.09.2020) as per art. 35(2), as substituted (17.12.2019) as per E-Note above.

E2319

Previous affecting provision: rule 1(2)(b)(v)(I) amended (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 11(2), commenced on enactment; substituted (1.01.2026) as per F-Note above.

E2320

Previous affecting provision: rule 2 amended (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), ss. 16(4)(a) and 16(4)(b), commenced on enactment; substituted (28.06.2013) as per F-Note above.

E2321

Previous affecting provision: rule 2 amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010; substituted (28.06.2013) as per F-Note above.

E2322

Previous affecting provision: rule 2 amended (21.12.2010) by Social Welfare and Pensions Act 2010 (37/2010), s. 27(c), commenced on enactment; substituted (28.06.2013) as per F-Note above.

E2323

Previous affecting provision: rule 2 substituted (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s.24(d), commenced on enactment; substituted (28.06.2013) as per F-Note above.

E2324

Previous affecting provision: power to prescribe non-cash benefits for the purposes of Rule 1(2) exercised (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 35, in effect as per art. 2; substituted (24.07.2018) as per E-Note above.

E2325

Previous affecting provision: power to prescribe amount under Rule 1(2)(b)(iv) exercised (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 33, in effect as per art. 2; substituted (31.12.2018) as per E-Note above.

E2326

Previous affecting provision: rule 1(2)(b)(iva) inserted (6.06.2007) by Social Welfare Law Reform and Pensions Act 2007 (8/2007), s. 36(a)(ii)(II), S.I. No. 256 of 2007; substituted (29.06.2011) as per F-Note above.

E2327

Previous affecting provision: rule 1(2)(b)(v) substituted (6.06.2007) by Social Welfare Law Reform and Pensions Act 2007 (8/2007), s. 36(a)(ii)(III), S.I. No. 256 of 2007; substituted (7.03.2008) as per F-Note above.

E2328

Previous affecting provision: power to prescribe non-cash benefits for the purposes of Rule 1(2) exercised (25.10.2006) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 572 of 2006), art. 5, which inserted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995), art. 33B; amended (6.06.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) Regulations 2007 (S.I. No. 267 of 2007), art. 4(d), in effect as per art. 2; revoked (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 5 and sch. 4, in effect as per art. 2.

E2329

Previous affecting provision: rule 1(2)(b)(v)(D) amended (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006; substituted (6.06.2007) as per E-Note above.

E2330

Previous affecting provision: rule 1(2)(b)(v)(I)(AA) inserted (8.05.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 33(b), S.I. No. 246 of 2006; substituted (6.06.2007) as per F-Note above.

E2331

Previous affecting provision: power pursuant to Rule 1(2)(b)(v)(IV) exercised (24.04.2006) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Training Course Disregard, Benefit and Privilege Regulations 2006 (S.I. No. 203 of 2006), art. 3—which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995), art. 9(3)(b)—in effect as per art. 2; deleted (6.06.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) Regulations 2007 (S.I. No. 267 of 2007), art. 4(a)(ii), in effect as per art. 2.

E2332

Previous affecting provision: power pursuant to Rule 1(5)(a) exercised (24.04.2006) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Training Course Disregard, Benefit and Privilege Regulations 2006 (S.I. No. 203 of 2006), art. 4—which inserted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995), art. 33A—in effect as per art. 2; revoked (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 5 and sch. 4, in effect as per art. 2.

E2333

Previous affecting provision: rule 1(2)(b)(v)(I) amended (16.12.2005) by Social Welfare Act 2005 (30/2005), s. 12, commenced on enactment; substituted (6.06.2007) as per F-Note above.

E2334

Previous affecting provision: power pursuant to statutory precursor of Rule 1(2)(b)(iv) exercised (10.06.1996) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) Regulations 1996 (S.I. No. 190 of 1996), art. 7, which inserted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995), art. 33; amended as per Table below; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 5 and sch. 4, in effect as per art. 2.

Table

• amended (1.04.2002) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) Regulations 2002 (S.I. No. 119 of 2002), art. 3, in effect as per art. 2.

• amended (3.04.2000) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) Regulations 2000 (S.I. No. 102 of 2000), art. 3, in effect as per art. 2.

• amended (1.06.1998) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) Regulations 1998 (S.I. No. 183 of 1998), art. 4(b), in effect as per art. 2.

E2335

Previous affecting provision: power pursuant to statutory precursor of Rule 1(2)(b)(v)(I) exercised (31.01.2005) by Social Welfare (Consolidated Supplementary Welfare Allowance (Amendment) Regulations 2005 (S.I. No. 54 of 2005), art. 7—which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995), art. 9(3)(a)—in effect as per art. 2; deleted (6.06.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) Regulations 2007 (S.I. No. 267 of 2007), art. 4(a)(ii), in effect as per art. 2.

E2336

Previous affecting provision: power pursuant to statutory precursor of Rule 1(2)(b)(v)(IV) exercised (31.01.2005) by Social Welfare (Consolidated Supplementary Welfare Allowance (Amendment) Regulations 2005 (S.I. No. 54 of 2005), art. 7—which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995), art. 9(3)(b)—in effect as per art. 2; substituted (24.04.2006) as per E-Note above.

E2337

F1898[PART 5

Blind Pension, Widow’s (Non-Contributory) Pension, Widower’s (Non-Contributory) Pension, Orphan’s (Non-Contributory) Pension, One-Parent Family Payment and Carer’s Allowance

Sections 161A, 168, 172 and 179.

1. Subject to paragraphs (2) and (3), in calculating the means of a person, account shall be taken of the following:

F1899[(1) other than in the circumstances and subject to the conditions and for the periods that may be prescribed, the weekly value of property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him or her) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use and the weekly value, calculated—

(a) for the purposes of blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, guardian’s payment (non-contributory) or one-parent family payment, in accordance with reference 1 of Table 1 to this Schedule, or

(b) for the purposes of carer’s allowance, in accordance with reference 4 of Table 1 to this Schedule,

constitutes the weekly means of a person from that property, but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;]

(2) all income in cash (including, in the case of widow’s (non-contributory) pension, widower’s (non-contributory) pension, F1900[surviving civil partner’s (non-contributory) pension,] F1901[guardian’s payment (non-contributory)] and one-parent family payment, the net cash value of such non-cash benefits as may be prescribed), and the income received by a qualified child or qualified children that may be prescribed which the person may reasonably expect to receive during the year succeeding the date of calculation, but—

(a) excluding the amounts at references 1 to 19 in Table 2 to this Schedule, and

(b) excluding—

(i) in the case of blind pension or one-parent family payment, any moneys received by way of a maintenance grant,

F1902[(ii) in relation to maintenance in the case of blind pension, widow’s (non-contributory) pension, widower’s (non contributory) pension, surviving civil partner’s (non-contributory) pension, guardian’s payment (non contributory), one-parent family payment or carer’s allowance—

(I) any maintenance payment made to or in respect of a qualified child, and

(iii) F1903[…] any moneys, subject to the limit that may be prescribed, received by way of repayment of expenses necessarily incurred in relation to travel and meals while undergoing a course of education, training or development approved by the Minister,

(iv) in the case of a blind person, any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920,

(v) for the purposes of widow’s (non-contributory) pension F1904[, widower’s (non-contributory) pension or surviving civil partner’s (non-contributory) pension], any moneys received in respect of rent from a person who resides with the claimant or beneficiary and but for the residence of the person the claimant or beneficiary would reside alone,

(vi) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person or a farm of land leased by him or her),

(vii) in the case of widow’s (non-contributory) pension, widower’s (non-contributory) pension F1905[, a surviving civil partner’s (non-contributory) pension] or a payment referred to in paragraph (b) or (c) in the definition of ‘relevant payment’ in section 178, the prescribed amount of any earnings from employment, subject to the circumstances and conditions that may be prescribed,

(viii) in the case of one-parent family payment, subject to paragraph (4), any moneys received by way of earnings (including wages and profit from any form of self-employment),

(ix) F1906[…]

(x) in the case of a blind person, the amount that may be prescribed of his or her earnings from employment F1907[…],

(xi) F1908[…]

(3) the yearly value of any advantage accruing to the person from—

(a) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by the person, and

(b) a farm of land leased by the person;

F1909[(4) (a) F1910[subject to this paragraph,] in the case of one-parent family payment, the weekly earnings (including wages and profit from any form of self-employment), calculated or estimated as prescribed, constitute the weekly means of that parent from earnings for the purposes of Chapter 7 of Part 3,

F1911[(b) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 1 January 2012 but before 1 January 2013, an amount of €130 together with half the weekly earnings in excess of that amount shall be disregarded,]]

F1912[(c) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 1 January 2013 but before 1 January 2014, an amount of €110 together with half the weekly earnings in excess of that amount F1913[shall be disregarded, and]

F1914[(d) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 1 January 2014 but before 5 January 2017, an amount of €90 together with half the weekly earnings in excess of that amount shall be disregarded;]

F1915[(da) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 5 January 2017 but before 29 March 2018, an amount of €110 together with half the weekly earnings in excess of that amount shall be disregarded.]

F1916[(db) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 29 March 2018 but before 28 March 2019, an amount of €130 together with half the weekly earnings in excess of that amount shall be disregarded;]

F1917[(dc) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 28 March 2019 but before 9 January 2020, an amount of €150, together with half the weekly earnings in excess of that amount, shall be disregarded;]

F1918[(dd) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 9 January 2020, an amount of €165, together with half the weekly earnings in excess of that amount, shall be disregarded.]

(e) F1919[…]

(f) F1919[…]]

(5) in the case of carer’s allowance, in calculating the weekly means of a carer who is not one of a couple (other than means derived from F1920[any benefit, pension, assistance, allowance or supplement under this Act or] a social security payment payable under the legislation of another state), that amount that may be prescribed shall be disregarded;

(6) in the case of carer’s allowance, the amount that the Minister determines that the relevant person (as defined in section 179) could reasonably be expected to contribute to the support of the carer but in determining that amount, no account shall be taken of any sums received by the relevant person under Part 2, 3 or 4.

F1921[1A. In the case of carer’s allowance, in calculating the weekly means of a carer who is not one of a couple the following shall be disregarded—

(a) an amount, not exceeding the maximum amount set out in column (2) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state, and

F1922[(b) an amount, not exceeding the maximum amount set out—

(i) in column (4) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state in respect of each qualified child who has not attained the age of 12 years for whom an increase is granted under section 181(1),

and

(ii) in column (5) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state in respect of each qualified child who has attained the age of 12 years for whom an increase is granted under section 181(1).]

F1923[1B. In Rules 1, 1A and 4, ‘couple’ means—

(a) a married couple who are living together,

(b) both civil partners who are parties to the same civil partnership and who are living together, or

2. (1) Subject to paragraph (2), if it appears that any person has, whether before or after the commencement of this Act, directly or indirectly deprived himself or herself of any income or property in order to qualify himself or herself for the receipt of the pension or allowance in question, or for the receipt of the pension or allowance at a higher rate than that to which he or she would otherwise be entitled, that income or the value of that property shall for the purposes of these Rules be taken to be part of the means of that person.

(2) Paragraph (1) shall not apply to any assignment—

(a) which is an assignment to a child or children of the assignor, and

(4) For the purposes of this Rule, ‘assignment’ includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.

F1924[3. (1) Notwithstanding this Schedule and subject to paragraph (2), for the purposes of blind pension, the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together, or both civil partners of the same civil partnership who are living together, the spouse or civil partner of the claimant or beneficiary where the spouse or civil partner has attained pensionable age, shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant, beneficiary or pensioner.]

(2) Paragraph (1) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.

4. (1) In the case of a blind pension or a carer’sallowance, the following apply when calculating the means of a person who is one of a couple living together:

(a) the means of the person shall be taken to be one-half of the total means of the couple;

(c) for the purposes of this Rule, the means of each member of the couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate or carer’s allowance, as the case may be) and the total means shall be the sum of the means of each member as so determined;

F1925[(2) In the case of carer’s allowance, in calculating the weekly means of a couple the following shall be disregarded—

(a) an amount, not exceeding the maximum amount set out in column (2) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state, and

F1926[(b) an amount, not exceeding half the amount set out—

and

(3) In the case of carer’s allowance, in calculating the weekly means of the couple (other than means derived from F1927[any benefit, pension, assistance, allowance or supplement under this Act or] a social security payment payable under the legislation of another state), the amount that may be prescribed shall be disregarded.

(4) F1928[…]

(5) In calculating the means of a person who is one of a married couple living apart from his or her spouse, any sum paid by him or her to his or her spouse under a separation order shall be deducted in calculating his or her means.

5. (1) Notwithstanding these Rules, where—

(a) blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, F1900[surviving civil partner’s (non-contributory) pension,] F1901[guardian’s payment (non-contributory)], one-parent family payment or carer’s allowance is in course of payment to or in respect of a person or the spouse F1929[, civil partner or cohabitant] of the person or both of them, and

(b) a pension or pensions (in this Rule referred to as ‘the other pension’), not being a pension or pensions mentioned in paragraph (a), is in course of payment to or in respect of the person or the spouse F1929[, civil partner or cohabitant] of the person or both of them,

in calculating the means of the person or of the spouse F1929[, civil partner or cohabitant] or of both of them for the purposes of blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, F1900[surviving civil partner’s (non-contributory) pension,] F1901[guardian’s payment (non-contributory)], one-parent family payment or carer’s allowance (as the case may require), any portion of the amount of an increase in the other pension or the aggregate increase, where more than one increase in the other pension has occurred, which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount by which the other pension has been increased, shall not be reckoned as means.

(2) Any amount excluded from the calculation of means in accordance with reference 16 in Table 2 to this Schedule shall be subject to Rule 5(1).

6. Notwithstanding this Schedule, the amount of any allowance, special allowance, dependent’s allowance, disability pension or wound pension under the Army Pensions Acts 1923 to 1980, or pension under the Military Service (Pensions) Acts 1924 to 1964, arising out of service in the period commencing on 23 April 1916 and ending on 30 September 1923, or pension under the Connaught Rangers (Pensions) Acts 1936 to 1964, shall be disregarded in the calculation of means for the purposes of Chapters 5 to 8 of Part 3.

F1930[6A. (1) In the calculation of the means of a person, notwithstanding any exclusion under Rule 1(2)(b), account shall be taken of any incentive payment made to a person or the spouse F1929[, civil partner or cohabitant] of a person under the special incentive career break scheme.

(2) Without prejudice to the generality of paragraph (1), for the purposes of Rule 1(2)(b)(viii), the exclusion for one-parent family payment, of any moneys received by way of earnings referred to in that Rule shall not apply to any incentive payment made to a person under the special incentive career break scheme.]

7. The Minister may by regulations vary Rule 1(1) and Table 1 to this Schedule in relation to the calculation of the weekly value of property belonging to a person.]

Annotations

Amendments:

F1898

Inserted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 25, S.I. No. 334 of 2006.

F1899

Substituted (2.06.2022) by Social Welfare Act 2021 (44/2021), s. 21(1)(a), commenced as per subs. (2).

F1900

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 13, S.I. No. 673 of 2010.

F1901

Substituted (28.07.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 11, S.I. No. 334 of 2006.

F1902

Substituted (6-7.06.2024) by Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 (6/2024), s. 8(1)(f), S.I. No. 263 of 2024.

F1903

Deleted (5.04.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 35(c)(ii) , S.I. No. 146 of 2007.

F1904

Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 7, S.I. No. 673 of 2010.

F1905

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 8, S.I. No. 673 of 2010.

F1906

Deleted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 20(c), S.I. No. 655 of 2018.

F1907

Deleted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 20(d), S.I. No. 655 of 2018.

F1908

Deleted (5.04.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 35(c)(iii) , S.I. No. 146 of 2007.

F1909

Substituted (8.05.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 8(2), commenced as per subs. (3).

F1910

Substituted (25.12.2014) by Social Welfare and Pensions (No. 2) Act 2014 (41/2014), s. 3(a), commenced on enactment.

F1911

Substituted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 11(1), commenced as per subs. (2).

F1912

Inserted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 11(1), commenced as per subs. (2).

F1913

Substituted (25.12.2014) by Social Welfare and Pensions (No. 2) Act 2014 (41/2014), s. 3(b), commenced on enactment.

F1914

Substituted (19.12.2016) by Social Welfare Act 2016 (15/2016), s. 24(a), commenced on enactment.

F1915

Substituted (23.12.2017) by Social Welfare Act 2017 (38/2017), s. 13(a), commenced on enactment.

F1916

Substituted (28.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 22(1)(a), commenced as per subs. (2) and S.I. No. 655 of 2018.

F1917

Substituted (9.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 20(1)(a), commenced as per subs. (2).

F1918

Inserted (9.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 20(1)(b), commenced as per subs. (2).

F1919

Deleted (25.12.2014) by Social Welfare and Pensions (No. 2) Act 2014 (41/2014), s. 3(d), commenced on enactment.

F1920

Inserted (21.12.2010) by Social Welfare and Pensions Act 2010 (37/2010), s. 10(a), commenced on enactment.

F1921

Inserted (21.12.2010) by Social Welfare and Pensions Act 2010 (37/2010), s. 10(b), commenced on enactment.

F1922

Substituted (28.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 25, S.I. No. 116 of 2019.

F1923

Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 25(4)(a), S.I. No. 673 of 2010.

F1924

Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 25(4)(b), S.I. No. 673 of 2010.

F1925

Substituted (21.12.2010) by Social Welfare and Pensions Act 2010 (37/2010), s. 10(c), commenced on enactment.

F1926

Substituted (28.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 26, S.I. No. 116 of 2019.

F1927

Inserted (21.12.2010) by Social Welfare and Pensions Act 2010 (37/2010), s. 10(d), commenced on enactment.

F1928

Deleted (21.12.2010) by Social Welfare and Pensions Act 2010 (37/2010), s. 10(e), commenced on enactment.

F1929

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010.

F1930

Inserted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 19(d), commenced on enactment.

F1931

Substituted by Social Welfare and Pensions Act 2008 (2/2008), s.13(j), not commenced as of date of revision.

F1932

Inserted (12.11.2012) by Social Welfare (Rent Allowance) (Amendment) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 448 of 2012), art. 3.

Modifications (not altering text):

C164

Prospective amending provision: Rule 1(2)(b)(iv) amended by Social Welfare and Pensions Act 2008 (2/2008), s. 13(j), not commenced as of date of revision.

F1931[(iv) any income arising from blind welfare allowance under Chapter 5A of Part 3,]

C165

Definitions

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

...

"the Act of 1982" means the Housing (Private Rented Dwellings) Act, 1982;

...

F1932[‘Act of 2005’ means the Social Welfare Consolidation Act 2005;]

"allowance" means an allowance to which section 23 of the Act of 1982 refers;

...

Allowance to be disregarded in calculating means for other purposes.

10. No account shall be taken of an allowance in the calculation of a person’s means for the purposes of assistance under Part 3 of the Act of 2005.

Editorial Notes:

E2338

Power pursuant to rule 1(2)(b)(vii) exercised (30.12.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Assessment of Earnings and Means) Regulations 2025 (S.I. No. 679 of 2025), art. 3(e), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 149(3).

E2339

Power pursuant to rule 1(2)(b)(x) exercised (30.12.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Assessment of Earnings and Means) Regulations 2025 (S.I. No. 679 of 2025), art. 3(f), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 150(1) and 150(2).

E2340

Power pursuant to rule 1(4)(a) exercised (30.12.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Assessment of Earnings and Means) Regulations 2025 (S.I. No. 679 of 2025), art. 3(g), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 151A(2).

E2341

Power pursuant to rule 1(5) exercised (3.07.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 18) (Carer’s Benefit and Carer’s Allowance - Earnings Disregard) Regulations 2024 (S.I. No. 653 of 2024), art. 4(b)(i)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(a)—in effect as per art. 3.

E2342

Power pursuant to rule 4(3) exercised (3.07.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 18) (Carer’s Benefit and Carer’s Allowance - Earnings Disregard) Regulations 2024 (S.I. No. 653 of 2024), art. 4(b)(ii)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(b)—in effect as per art. 3.

E2343

E2344

Power pursuant to rule 1(2)(b)(ii)(II) exercised (7.06.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Child Maintenance and Liable Relatives) Regulations 2024 (S.I. No. 262 of 2024), art. 8 by —which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(1)—in effect as per art. 3(2)(d).

E2345

Power pursuant to rule 1(2)(b)(x) exercised (6.01.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 15) (Earnings Disregard) Regulations 2022 (S.I. No. 614 of 2022), art. 4(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 150—in effect as per art. 3(b).

E2346

Power pursuant to rule 1(2)(b)(x) exercised (2.06.2022) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 17) (Earnings Disregard) Regulations 2021 (S.I. No. 783 of 2021), art. 4(d)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 150—in effect as per art. 3.

E2347

Power pursuant to rule 1(2)(b)(vii) exercised (12.11.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 447 of 2012), art. 8 and sch., which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 149.

E2348

Power pursuant to rule 1(2)(b)(vii) exercised (8.05.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 138 of 2008), art. 4—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 149—in effect as per art. 2.

E2349

Power pursuant to rule 1(4)(a) exercised (8.05.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Earnings Disregard) Regulations 2008 (S.I. No. 138 of 2018), art. 5—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 151A—in effect as per art. 2; amended (12.11.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 447 of 2012), art. 8 and sch;

E2350

Power pursuant to rule 1(1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 141, in effect as per art. 2; amended (20.04.2010) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment)(Assessment of Means) Regulations 2010 (S.I. No. 157 of 2010), art. 4.

E2351

Power pursuant to rule 1(2) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 142(a), in effect as per art. 2.

E2352

Power pursuant to rule 1(2)(b)(vii) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 149, in effect as per art. 2.

E2353

Power pursuant to rule 1(5) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(a), in effect as per art. 2.

E2354

Power pursuant to rule 3(1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 158, in effect as per art. 2.

E2355

Power pursuant to rule 4(3) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(b), in effect as per art. 2.

E2356

Amendment of Rule 1(2)(b)(vii) envisaged (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 1, S.I. No. 334 of 2006 not shown as the words "orphan’s (non-contributory) pension" were not contained therein, and so could not be substituted by the words "guardian’s payment (non-contributory)" .

E2357

Previous affecting provision: power pursuant to rule 1(5) exercised (6.06.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Carer’s Benefit and Carer’s Allowance – Earnings Disregard) Regulations 2024 (S.I. No. 275 of 2024), art. 4(b)(i)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(a)—in effect as per art. 3; substituted (3.07.2025) as per E-Note above.

E2358

Previous affecting provision: power pursuant to rule 4(3) exercised (6.06.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Carer’s Benefit and Carer’s Allowance – Earnings Disregard) Regulations 2024 (S.I. No. 275 of 2024), art. 4(b)(ii)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(b)—in effect as per art. 3; substituted (3.07.2025) as per E-Note above.

E2359

Previous affecting provision: power pursuant to rule 1(5) exercised (2.06.2022) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 17) (Earnings Disregard) Regulations 2021 (S.I. No. 783 of 2021), art. 4(b(i))—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(a)—in effect as per art. 3; substituted (6.06.2024) as per E-Note above.

E2360

Previous affecting provision: power pursuant to rule 4(3) exercised (2.06.2022) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 17) (Earnings Disregard) Regulations 2021 (S.I. No. 783 of 2021), art. 4(b)(ii)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(b)—in effect as per art. 3; substituted (6.06.2024) as per E-Note above.

E2361

Previous affecting provision: power pursuant to rule 1(2)(b)(x) exercised (3.06.2021) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 8) (Earnings Disregard) Regulations 2021 (S.I. No. 78 of 2021), art. 3(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 150—in effect as per art. 2(b); amending provision amended (25.11.2021) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 15) (Carers) Regulations 2021 (S.I. No. 623 of 2021), art. 6; substituted (2.06.2022) as per E-Note above.

E2362

E2363

E2364

Previous affecting provision: rule 1(4)(dc) inserted (28.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 22(1)(b), commenced as per subs. (2) and S.I. No. 655 of 2018; substituted (9.01.2020) as per F-Note above.

E2365

E2366

Previous affecting provision: power pursuant to rule 1(2)(b)(x) exercised (31.12.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Earnings Disregard) Regulations 2019 (S.I. No. 42 of 2019), art. 4(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 150—in effect as per art. 3; substituted (2.06.2022) as per E-Note above.

E2367

E2368

Previous affecting provision: rule 1(4)(db) inserted (23.12.2017) by Social Welfare Act 2017 (38/2017), s. 13(b), commenced on enactment; substituted (28.03.2019) as per F-Note above.

E2369

Previous affecting provision: rule 1(4)(da) inserted (19.12.2016) by Social Welfare Act 2016 (15/2016), s. 24(b), commenced on enactment; substituted (23.12.2017) as per F-Note above.

E2370

Previous affecting provision: rule 1(4)(d) substituted (25.12.2014) by Social Welfare and Pensions (No. 2) Act 2014 (41/2014), s. 3(c), commenced on enactment; substituted (19.12.2016) as per F-Note above.

E2371

Previous affecting provision: rule 1(4)(d) inserted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 11(1), commenced as per subs. (2); substituted (19.12.2016) as per F-Note above.

E2372

Previous affecting provision: power pursuant to rule 1(2)(b)(x) exercised (12.11.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012. (S.I. No. 447 of 2012), art. 8 and sch., which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 150; substituted (2.06.2022) as per E-Note above.

E2373

Previous affecting provision: rule 1(2)(b)(ii) amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 14, S.I. No. 673 of 2010; substituted (6-7.06.2024) as per F-Note above.

E2374

Previous affecting provision: rule 1(2)(b)(ix) amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010; deleted (31.12.2018) as per F-Note above.

E2375

Previous affecting provision: Rule (1B) inserted (21.12.2010) by Social Welfare and Pensions Act 2010 (37/2010), s. 10(b), commenced on enactment; substituted (1.01.2011) as per F-Note above.

E2376

E2377

Previous affecting provision: power pursuant to rule 1(5) exercised (3.04.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Carer’s Income Disregard) Regulations 2008 (S.I. No. 75 of 2008), art. 4(b)(i)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(a)—in effect as per art. 2(b); substituted (2.06.2022) as per E-Note above.

E2378

Previous affecting provision: power pursuant to rule 4(3) exercised (3.04.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Carer’s Income Disregard) Regulations 2008 (S.I. No. 75 of 2008), art. 4(b)(ii)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(b)—in effect as per art. 2(b); substituted (2.06.2022) as per E-Note above.

E2379

Previous affecting provision: power pursuant to rule 1(2)(b)(x) exercised (21.12.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Increase in Rates) Regulations 2007 (S.I. No. 862 of 2007), art. 6, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 150; substituted (2.06.2022) as per E-Note above.

E2380

Previous affecting provision: power pursuant to rule 1(2)(b)(ii)(II) exercised (8.05.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 138 of 2008), art. 6—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(1)—in effect as per art. 2; substituted (7.06.2024) as per E-Note above.

E2381

Previous affecting provision: rule 1(1) amended (6.06.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 35(c)(i), S.I. No. 256 of 2007; substituted (2.06.2022) as per F-Note above.

E2382

Previous affecting provision: power pursuant to rule 1(5) exercised (5.04.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Carer’s Income Disregard and Family Income Supplement) Regulations 2007 (S.I. No. 148 of 2007), art. 4(b)(i)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(a)—in effect as per art. 2(b); substituted (3.04.2008) as per E-Note above.

E2383

Previous affecting provision: power pursuant to rule 4(3) exercised (5.04.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Carer’s Income Disregard and Family Income Supplement) Regulations 2007 (S.I. No. 148 of 2007), art. 4(b)(ii)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 144(b)—in effect as per art. 2; substituted (3.04.2008) as per E-Note above.

E2384

E2385

Previous affecting provision: power pursuant to rule 1(2)(b)(ii)(II) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 143(1), in effect as per art. 2; substituted (7.06.2024) as per E-Note above.

E2386

Previous affecting provision: power pursuant to rule 1(2)(b)(x) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 150, in effect as per art. 2; substituted (21.12.2007) as per E-Note above.

E2387

Previous affecting provision: power pursuant to rule 1(4)(a) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 151, in effect as per art. 2; substituted (8.05.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Earnings Disregard) Regulations 2008 (S.I. No. 138 of 2008), art. 5, in effect as per art. 2.

E2388

Previous affecting provision: power pursuant to rule 1(2)(b)(vii) exercised (20.12.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), art. 7, which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89AB; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2389

E2390

Previous affecting provision: power pursuant to rule 1(2) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 87B—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2391

E2392

Previous affecting provision: power pursuant to rule 1(2)(b)(vii) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88E—in effect as per art. 2; substituted (20.12.2006) as per E-Note above.

E2393

Previous affecting provision: power pursuant to rule 1(2)(b)(x) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88F—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2394

Previous affecting provision: power pursuant to rule 1(5) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88A(a)—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2395

E2396

Previous affecting provision: power pursuant to rule 4(3) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88A(b)—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2397

Previous affecting provision: power pursuant to rule 1(2)(b)(vii) exercised (29.09.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 12) (State and Widow(er)'s Pension (Non-Contributory Earnings Disregard) Regulations 2006 (S.I. No. 519 of 2006), art. 4—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89A—in effect as per art. 2; substituted (1.11.2006) as per E-Note above.

E2398

Previous affecting provision: rule 1(2)(b)(xi) amended (28.07.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 11, S.I. No. 334 of 2006; deleted (5.04.2007) as per F-Note above.

E2399

Previous affecting provision: power pursuant to rule 1(2)(b)(x) exercised (7.06.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Qualified Adults and Earnings from Rehabilitative Employment) Regulations 2006 (S.I. No. 219 of 2006), art. 6—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89B—in effect as per art. 2(i); substituted (1.11.2006) as per E-Note above.

E2400

Power pursuant to rule 1(2) exercised (11.06.2003) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Means Assessment) Regulations 2003 (S.I. No. 235 of 2003), art. 3, which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89(1)substituted (1.11.2006) as per E-Note above.

E2401

Previous affecting provision: power pursuant to rule 1(5) exercised (6.04.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Carer's) Regulations 2006 (S.I. No. 145 of 2006), art. 4(b)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89(2)(a)—in effect as per art. 2; substituted (1.11.2006) as per E-Note above.

E2402

Previous affecting provision: power pursuant to rule 4(3) exercised (6.04.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Carer's) Regulations 2006 (S.I. No. 145 of 2006), art. 4(b)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89(2)(b)—in effect as per art. 2; substituted (1.11.2006) as per E-Note above.

E2403

E2404

Previous affecting provision: power pursuant to statutory precursor of rule 1(2) exercised (11.06.2003) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Means Assessment) Regulations 2003 (S.I. No. 235 of 2003), art. 3, which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89(1), subject to saver in art. 2; amended (31.01.2005) by Social Welfare (Consolidated Supplementary Welfare Allowance (Amendment) Regulations 2005(S.I. No. 54 of 2005), art. 9, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

E2405

Previous affecting provision: power pursuant to statutory precursor of rule 1(2)(b)(ii) exercised (30.04.2003 and 7.05.2003) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Means Assessment) Regulations 2003 (S.I. No. 170 of 2003), art. 4(a)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89C(1)—in effect as per arts. 2(a) and 2(b); continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

E2406

Previous affecting provision: power pursuant to statutory precursor of rule 1(2)(b)(x) exercised (17.05.1996) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1996 (S.I. No. 143 of 1996), art. 6, which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89B; amended as per Table below; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (7.06.2006) as per E-Note above.

Table

Amendments to art. 89B

• amended (5.04.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Miscellaneous Provisions) Regulations 2002 (S.I. No. 120 of 2002), art. 4(a), in effect as per art. 3(c).

• amended (7.04.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) Regulations 2000 (S.I. No. 103 of 2000), art. 4(a), in effect as per art. 2(b).

• amended (5.06.1998) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Rehabilitative Employment) Regulations 1998 (S.I. No. 185 of 1998), art. 4(a), in effect as per art. 2(b).

E2407

Previous affecting provision: power pursuant to statutory precursor of rule 1(5) exercised (7.04.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005 (S.I. No. 184 of 2005), art. 5(b)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89(2)(a)—in effect as per art. 2(1)(a); continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (6.04.2006) as per E-Note above.

E2408

Table

Amendments to art. 90

• amended (5.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Miscellaneous Provisions) Regulations 2001 (S.I. No. 132 of 2001), art. 3.

• amended (5.07.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Sale of Residence) Regulations 2000 (S.I. No. 232 of 2000), art. 2.

E2409

Previous affecting provision: power pursuant to statutory precursor of rule 4(3) exercised (7.04.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005 (S.I. No. 184 of 2005), art. 5(b)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89(2)(b)—in effect as per art. 2(1)(a); continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (6.04.2006) as per E-Note above.

E2410

F1933[Table 1

Reference No.	Calculation of Weekly Value
1.	F1934[The weekly value of property referred to in Rule 1(1) (a) of Part 2 (for the purposes of jobseeker’s allowance, pre-retirement allowance and farm assist), Rule 1(1) of Part 3 and Rule 1(1)(a) of Part 5 (for the purposes of blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, guardian’s payment (non-contributory) and one-parent family payment), shall be calculated as follows:] (a) the first €20,000 of the capital value of the property shall be excluded; (b) the weekly value of so much of the capital value of the property as exceeds €20,000 but does not exceed €30,000 shall be assessed at €1 per each €1,000; (c) the weekly value of so much of the capital value of the property as exceeds €30,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000; and (d) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000.
2.	The weekly value of the property referred to in Rule 1(1) of Part 2, for the purposes of disability allowance, shall be calculated as follows: (a) the first €50,000 of the capital value of the property shall be excluded; (b) the weekly value of so much of the capital value of the property as exceeds €50,000 but does not exceed €60,000 shall be assessed at €1 per each €1,000; (c) the weekly value of so much of the capital value of the property as exceeds €60,000 but does not exceed €70,000 shall be assessed at €2 per each €1,000; and (d) the weekly value of so much of the capital value of the property as exceeds €70,000 shall be assessed at €4 per each €1,000.
3.	The weekly value of the property referred to in Rule 1(1) of Part 4 shall be calculated as follows: (a) the first €5,000 of the capital value of the property shall be excluded; (b) the weekly value of so much of the capital value of the property as exceeds €5,000 but does not exceed €15,000 shall be assessed at €1 per each €1,000; (c) the weekly value of so much of the capital value of the property as exceeds €15,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000; and (d) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000.]
F1935[4.	The weekly value of the property referred to in Rule 1(1)(b) of Part 5, for the purposes of carer’s allowance, shall be calculated as follows: (a) the first €50,000 of the capital value of the property shall be excluded; (b) the weekly value of so much of the capital value of the property as exceeds €50,000 but does not exceed €60,000 shall be assessed at €1 per each €1,000; (c) the weekly value of so much of the capital value of the property as exceeds €60,000 but does not exceed €70,000 shall be assessed at €2 per each €1,000; and (d) the weekly value of so much of the capital value of the property as exceeds €70,000 shall be assessed at €4 per each €1,000.]

Annotations

Amendments:

F1933

Substituted (6.06.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 35(d), S.I. No. 256 of 2007.

F1934

Substituted (2.06.2022) by Social Welfare Act 2021 (44/2021), s. 21(1)(b)(i), commenced as per subs. (2).

F1935

Inserted (2.06.2022) by Social Welfare Act 2021 (44/2021), s. 21(1)(b)(ii), commenced as per subs. (2).

F1936

Substituted by Social Welfare and Pensions Act 2008 (2/2008), s. 12(c)(i), not commenced as of date of revision.

F1937

Inserted by Social Welfare and Pensions Act 2008 (2/2008), s. 12(c)(ii), not commenced as of date of revision.

Modifications (not altering text):

C166

Prospective amending provision: references 2 and 3 amended by Social Welfare and Pensions Act 2007 (8/2007), s. 12(c), not commenced as of date of revision.

Reference No.	Calculation of Weekly Value
	...
2.	The weekly value of the property referred to F1936[in Rule 1(1) of Part 2 (for the purposes of disability allowance) and Rule 1(1) of Part 4 (for the purposes of blind welfare allowance)] shall be calculated as follows: (a) the first €50,000 of the capital value of the property shall be excluded; (b) the weekly value of so much of the capital value of the property as exceeds €50,000 but does not exceed €60,000 shall be assessed at €1 per each €1,000; (c) the weekly value of so much of the capital value of the property as exceeds €60,000 but does not exceed €70,000 shall be assessed at €2 per each €1,000; and (d) the weekly value of so much of the capital value of the property as exceeds €70,000 shall be assessed at €4 per each €1,000.
3.	The weekly value of the property referred to in Rule 1(1) of Part 4 F1937[(for the purposes of supplementary welfare allowance)] shall be calculated as follows: (a) the first €5,000 of the capital value of the property shall be excluded; (b) the weekly value of so much of the capital value of the property as exceeds €5,000 but does not exceed €15,000 shall be assessed at €1 per each €1,000; (c) the weekly value of so much of the capital value of the property as exceeds €15,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000; and (d) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000.

Editorial Notes:

E2411

Previous affecting provision: Table 1 amended (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 17 and sch. 3, S.I. No. 334 of 2006; substituted (6.06.2007) as per F-Note above.

Table 2

Reference No.	Amount
F1938[1.	any moneys received by way of benefit, pension, assistance, allowance, supplement, continued payment for qualified children or back to work family dividend under Part 2, 3, 4, 5, 6, 7, 7A or 8;]
F1939[2.	any moneys received by way of child benefit under Part 4 or a payment corresponding to that benefit from another Member State F1940[or the United Kingdom]; ]
F1941[3.	any moneys received from the Health Service Executive by way of a home care grant;]
F1942[3A.	any allowance received under a scheme administered by the Minister for Education and Science and known as the Home Tuition Scheme where that allowance is used towards defraying the cost of home tuition;]
4.	any moneys received by way of a mobility allowance payable under section 61 of the Health Act 1970;
5.	any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health and Children for the purposes of the provision of such training);
F1943[6.	payments— (a) of the amounts specified in accordance with article 14 of the Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995), (b) of the amounts specified in accordance with article 14 of the Child Care (Placement of Children with Relatives) Regulations 1995 (S.I. No. 261 of 1995), (c) made in accordance with an aftercare plan within the meaning of the Child Care Act 1991;]
7.	payments by the Health Service Executive in respect of the provision of accommodation for a child under section 5 of the Child Care Act 1991;
F1944[8.	payments in respect of not more than 2 persons boarded out under section 10 of the Health (Nursing Homes) Act 1990 in so far as the aggregate amount of payment received in respect of each such person does not exceed an amount equivalent to the rate set out in column (2) at reference 4of Part 1 of Schedule 4;]
9.	F1945[…]
10.	in the case of a qualified applicant under a scheme administered by the Minister for Community, Rural and Gaeltacht Affairs and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of that temporary resident;
11.	any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them;
12.	any moneys received by the person's spouse F1946[, civil partner or cohabitant] in respect of participation in a scheme administered by the Minister and known as: (a) Back to Education Allowance, or (b) Back to Work Allowance, or (c) Back to Work Enterprise Allowance, or F1947[(d) Part-Time Job Incentive, or] F1948[(e) the national internship scheme;]
13.	any moneys received by the person's spouse F1946[, civil partner or cohabitant] in respect of participation in F1949[an approved course of training,] F1950[…];
14.	any moneys received by the person's spouse F1946[, civil partner or cohabitant] in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme;
15.	any income arising from a bonus under a scheme administered by the Minister for Community, Rural and Gaeltacht Affairs for the making of special grants to parents or guardians resident in the Gaeltacht or Breac Ghaeltacht (as defined in such scheme) of children attending primary schools;
16.	an amount of an allowance, dependant's allowance, disability pension or wounds pension under the Army Pensions Acts 1923 to 1980 (including, for the purposes of this subparagraph, a British War Pension), or of a combination of those allowances and pensions, except in so far as the amount exceeds €104 per year;
17.	any expenses necessarily incurred in carrying on any form of self-employment;
18.	F1951[…]
F1952[18A.	F1953[…]]
19.	any other income that may be prescribed received by a person or his or her spouse F1946[, civil partner or cohabitant] and in the circumstances that may be prescribed.

Annotations

Amendments:

F1938

Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 20, commenced on enactment.

F1939

Substituted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 17(b), commenced on enactment.

F1940

Inserted (31.12.2020 at 11.00 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 102(d), S.I. No. 699 of 2020.

F1941

Substituted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 17(c), commenced on enactment.

F1942

Inserted (8.05.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 33(c)(iii), S.I. No. 246 of 2006.

F1943

Substituted (24.12.2019) by Social Welfare (No. 2) Act 2019 (48/2019), s. 21(a), commenced on enactment.

F1944

Substituted (24.12.2019) by Social Welfare (No. 2) Act 2019 (48/2019), s. 21(b), commenced on enactment.

F1945

Deleted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 10(1)(c), commenced as per subs. (2).

F1946

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010.

F1947

Substituted (1.01.2012) by Social Welfare and Pensions Act 2011 (9/2011), s. 16(6) and Table, S.I. No. 704 of 2011.

F1948

Inserted (1.01.2012) by Social Welfare and Pensions Act 2011 (9/2011), s. 16(6) and Table, S.I. No. 704 of 2011.

F1949

Substituted (27.10.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 3(4), S.I. No. 404 of 2013.

F1950

Deleted (1.01.2012) by Social Welfare and Pensions Act 2011 (9/2011), s. 16(6) and Table, S.I. No. 704 of 2011.

F1951

Deleted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 19 and sch. item 24, commenced on enactment.

F1952

Inserted (8.05.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 33(c)(iv), S.I. No. 246 of 2006.

F1953

Deleted (25.12.2013) by Social Welfare and Pensions (No. 2) Act 2013 (49/2013), s. 6 and sch. item 2, commenced on enactment.

Editorial Notes:

E2412

Power pursuant to ref. 19 exercised (21.01.2026) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2026 (S.I. No. 13 of 2026), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2413

Power pursuant to ref. 19 exercised (21.01.2026) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1)(Income Disregard) Regulations 2026 (S.I. No. 12 of 2026), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2414

Power pursuant to ref. 19 exercised (24.06.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Income Disregard) Regulations 2025 (S.I. No. 276 of 2025), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2415

Power pursuant to ref. 19 exercised (24.06.2025) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Calculation of Means) Regulations 2025 (S.I. No. 277 of 2025), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2416

Power pursuant to ref. 19 exercised (11.03.2025) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2025 (S.I. No. 75 of 2025), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2417

Power pursuant to ref. 19 exercised (11.03.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Income Disregard) Regulations 2025 (S.I. No. 74 of 2025), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2418

Power pursuant to ref. 19 exercised (9.08.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 13) (Assessment of Means) Regulations 2024 (S.I. No. 603 of 2024), art. 4(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155—in effect as per art. 2.

E2419

Power pursuant to ref. 19 exercised (9.08.2024) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Calculation of Means) Regulations 2024 (S.I. No. 604 of 2024), art. 3, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2420

Power pursuant to ref. 19 exercised X, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2421

Power pursuant to ref. 19 exercised X, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2422

Power pursuant to ref. 19 exercised (1.08.2024) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Assessment of Means) Regulations 2024 (S.I. No. 434 of 2024), art. 3, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2423

Power pursuant to ref. 19 exercised (1.08.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Assessment of Means) Regulations 2024 (S.I. No. 433 of 2024), art. 4(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155—in effect as per art. 2

E2424

Power pursuant to ref. 19 exercised (27.03.2024) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Calculation of Means) Regulations 2024 (S.I. No. 141 of 2024), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2425

Power pursuant to ref. 19 exercised (27.03.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Income Disregard) Regulations 2024 (S.I. No. 140 of 2024), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2426

E2427

Power pursuant to ref. 19 exercised (30.01.2024 subject to the provisos in paras. (b) and (c) of the definition thereby substituted) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2024 (S.I. No. 38 of 2024), art. 2(1).

E2428

Power pursuant to ref. 19 exercised (30.01.2024 subject to the provisos in paras. (b) and (c) of the definition thereby substituted) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Income Disregard) Regulations 2024 (S.I. No. 37 of 2024), art. 2(1), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 3.

E2429

Power pursuant to ref. 19 exercised (31.10.2023) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Assessment of Means) Regulations 2023 (S.I. No. 534 of 2023), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2430

Power pursuant to ref. 19 exercised (31.10.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Assessment of Means) Regulations 2023 (S.I. No. 533 of 2023), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2431

Power pursuant to ref. 19 exercised (24.03.2023) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2023 (S.I. No. 161 of 2023), art. 2(, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2432

Power pursuant to ref. 19 exercised (24.03.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Income Disregard) Regulations 2023 (S.I. No. 160 of 2023), art. 3(1)(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2433

Power pursuant to ref. 19 exercised (26.07.2022) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Calculation of Means) Regulations 2022 (S.I. No. 431 of 2022), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2434

Power pursuant to ref. 19 exercised (26.07.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Income Disregard) Regulations 2022 (S.I. No. 430 of 2022), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2435

Power pursuant to ref. 19 exercised (12.07.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Income Disregard) Regulations 2022 (S.I. No. 397 of 2022), art. 3(1)(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155, subject initially to the cessation provisions of art. 3(2); cessation provision revoked (24.03.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Income Disregard) Regulations 2023 (S.I. No. 160 of 2023), art. 3(2).

E2436

Power pursuant to ref. 19 exercised (12.07.2022) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Calculation of Means ) Regulations 2022 (S.I. No. 396 of 2022), art. 2(1)(b), which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2437

Power pursuant to ref. 19 exercised (16.06.2022) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Calculation of Means) Regulations 2022 (S.I. No. 292 of 2022), art. 3, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2438

Power pursuant to ref. 19 exercised (16.06.2022) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 9) (Income Disregard) Regulations 2022 (S.I. No. 291 of 2022), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2439

Power pursuant to ref. 19 exercised (31.01.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Income Disregard) Regulations 2022 (S.I. No. 125 of 2022), art. 3—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155—in effect as per art. 2.

E2440

Power pursuant to ref. 19 exercised (11.03.2021, with retrospective effect from 1.09.2020) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Income Disregard) Regulations 2021 (S.I. No. 109 of 2021), art. 4—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155—in effect as per art. 2.

E2441

Power pursuant to ref. 19 exercised (28.01.2021 with retrospective effect from 1 October 2020) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Income Disregard) Regulations 2021 (S.I. No. 35 of 2021), art. 3—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155—in effect as per art. 2.

E2442

Power pursuant to ref. 19 exercised (30.04.2019) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Assessment of Means) Regulations 2019 (S.I. No. 203 of 2019), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2443

Power pursuant to ref. 19 exercised (30.04.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Assessment of Means) Regulations 2019 (S.I. No. 202 of 2019), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2444

Power pursuant to ref. 19 exercised (25.03.2019) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Assessment of Means) Regulations 2019 (S.I. No. 131 of 2019), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2445

Power pursuant to ref. 19 exercised (21.12.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Assessment of Means) Regulations 2018 (S.I. No. 654 of 2018), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2446

Power pursuant to ref. 19 exercised (21.12.2018) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 6) (Assessment of Means) Regulations 2018 (S.I. No. 652 of 2018), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2447

Power pursuant to ref. 19 exercised (27.09.2018) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Assessment of Means) Regulations 2018 (S.I. No. 390 of 2018), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2448

Power pursuant to ref. 19 exercised (26.03.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Assessment of Means) Regulations 2019 (S.I. No. 130 of 2019), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2449

Power pursuant to ref. 19 exercised (17.08.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Means) Regulations 2018 (S.I. No. 333 of 2018), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2450

Power pursuant to ref. 19 exercised (17.08.2018) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Assessment of Means) Regulations 2018 (S.I. No. 334 of 2018), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2451

Power pursuant to ref. 19 exercised (27.09.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Assessment of Means) Regulations 2018 (S.I. No. 389 of 2018), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2452

Power pursuant to ref. 19 exercised (23.02.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Assessment of Means) Regulations 2018(S.I. No. 61 of 2018), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2453

Power pursuant to ref. 19 exercised (23.02.2018) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2018 (S.I. No. 60 of 2018), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2454

Power pursuant to ref. 19 exercised (16.01.2015) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2015 (S.I. No. 14 of 2015), art. 2, which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2455

Power pursuant to ref. 19 exercised (18.12.2014) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Assessment of Means) Regulations 2014 (S.I. No. 595 of 2014), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2456

Power pursuant to ref. 19 exercised (26.03.2014) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Assessment of Means) Regulations 2014 (S.I. 156 of 2014), art. 2, which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36.

E2457

Power pursuant to ref. 19 exercised (26.03.2014) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Assessment of Means) Regulations 2014 (S.I. No. 155 of 2014), art. 2(b), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155.

E2458

Power pursuant to ref. 19 exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 152, in effect as per art. 2.

E2459

Previous affecting provision: ref. 2 amended by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 85(d), not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020.

E2460

Previous affecting provision: ref. 1 amended (25.12.2013) by Social Welfare and Pensions (No. 2) Act 2013 (49/2013), s. 6 and sch. item 1, commenced on enactment; substituted (6.05.2015) as per F-Note above.

E2461

Previous affecting provision: ref. 1 amended (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 17, commenced on enactment; substituted (6.05.2015) as per F-Note above.

E2462

Previous affecting provision: power pursuant to ref. 19 exercised (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 36, in effect as per art. 2; substituted (26.03.2014) as per E-Note above.

E2463

Previous affecting provision: power pursuant to ref. 19 exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 155, in effect as per art. 2; substituted (26.03.2014) as per E-Note above.

E2464

Previous affecting provision: power pursuant to ref. 19 exercised (23.03.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Maternity Benefit and Miscellaneous Provisions) Regulations 2007 (S.I. No. 128 of 2007), art. 4, which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88E; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2465

Previous affecting provision: power pursuant to ref. 19 exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 89A—in effect as per art. 2; substituted (on various dates between 27.12.2006 and 5.01.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), art. 7 by a replacement art. 89A which no longer dealt with the matters provided for in ref. 19.

E2466

Previous affecting provision: power pursuant to ref. 19 exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 16—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E2467

Previous affecting provision: power pursuant to ref. 19 exercised (25.10.2006) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 572 of 2006), art. 6, which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995), art. 34; revoked (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 5 and sch. 4, in effect as per art. 2..

E2468

Previous affecting provision: power pursuant to ref. 19 exercised (20.09.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Compensation Payments) Regulations 2006 (S.I. No. 497 of 2006), art. 2(b), which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90B—in effect as per art. 2; substituted (1.11.2006) as per E-Note above.

E2469

Previous affecting provision: ref. 18A inserted (8.05.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 33(c), S.I. No. 246 of 2006; deleted (25.12.2013) as per F-Note above.

E2470

Previous affecting provision: ref. 1 amended (1.04.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 29(1) and sch. 6, commenced as per s. 29(4); substituted (21.07.2010) as per sub-note Z1 of E-Note above.

E2471

Previous affecting provision: ref. 2 amended (1.04.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 33(c), S.I. No. 246 of 2006; substituted (21.07.2010) as per F-Note above.

E2472

Previous affecting provision: ref. 2 amended (1.04.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 33(c), S.I. No. 246 of 2006; substituted (21.07.2010) as per F-Note above.

E2473

Previous affecting provision: power pursuant to statutory precursor of ref. 19 exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 88, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.11.2006) as per E-Note above.

E2474

Previous affecting provision: power pursuant to statutory precursor of ref. 19 exercised (16.09.2003) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Compensation Payments) Regulations 2003 (S.I. No. 427 of 2003), art. 2, which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 90B, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act substituted (20.09.2006) as per E-Note above.

E2475

Previous affecting provision: power pursuant to statutory precursor of ref. 19 exercised (16.09.2003) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) Regulations 2003 (S.I. No. 426 of 2003), art. 2, which substituted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995), art. 34; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (25.10.2006) as per E-Note above

Revised Acts

Latest News and Publications

Social Welfare Consolidation Act 2005