Social Welfare Consolidation Act 2005

Regulations.

[1993 s202(1)]

232

232.—(1) The Minister may make regulations for the purpose of giving effect to this Part.

[1993 s202(2)]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1):

(a) provide for the manner of calculation or estimation of weekly family income;

(b) provide, in calculating or estimating weekly family income, for the disregarding in whole or in part of any amount of that income from any source specified in the regulations;

(c) determine the circumstances in which a person shall be regarded as being engaged in remunerative full-time employment as an employee;

(d) require employers to give such information as the Minister may require for the purpose of determining a claim for F1282[working family payment].

[1993 s202(3)]

(3) The Minister may by regulations vary—

(a) the amounts specified in section 228, and

(b) the percentage rate specified in section 229(1),

but any such variation shall not reduce the amounts or the percentage rate applicable immediately before the commencement of those regulations.

Annotations

Amendments:

F1282

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

F1283

Inserted by Social Welfare and Pensions Act 2014 (16/2014), s. 9(2), not commenced as of date of revision.

Modifications (not altering text):

C94

Prospective affecting provision: subs. (2)(ca) inserted by Social Welfare and Pensions Act 2014 (16/2014), s. 9(2) subject to proviso in subs. (3), not commenced as of date of revision.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1):

...

F1283[(ca) determine the circumstances in which a child shall be regarded as normally being a member of a household;]

...

Editorial Notes:

E1409

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1410

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1411

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1412

Power pursuant to subs. (1) and (2)(b) 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(c)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174—in effect as per art. 2.

E1413

Power pursuant to subs. (1) and (2)(b) 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(c)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174—in effect as per art. 2.

E1414

Power pursuant to subs. (1) and (2)(b) exercised (6.06.2024) 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. 9—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174—in effect as per art. 3(3).

E1415

Power pursuant to section 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.

E1416

Power pursuant to subs. (1) and (2)(b) 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(c)(i), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1417

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1418

Power pursuant to subs. (1) and (2)(b) 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. 2(1)(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1419

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1420

Power pursuant to subs. (1) and (2)(b) 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)(d), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174, subject initially to the cessation provisions of art. 3(2); cessation provision substituted (24.03.2023) as per E-Note above.

E1421

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1422

Power pursuant to subs. (1) and (2)(b) exercised (01.01.2020) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 13) (Working Family Payment) Regulations 2019 (S.I. No. 634 of 2019), art. 4—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174—in effect as per art. 2.

E1423

Power pursuant to subs. (1) and (2)(c) exercised (01.01.2020) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 13) (Working Family Payment) Regulations 2019 (S.I. No. 634 of 2019), art. 5—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 175(2)(c)—in effect as per art. 2.

E1424

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1425

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1426

Power pursuant to subs. (1) and (2)(b) exercised (25.03.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Working Family Payment) Regulations 2019 (S.I. No. 109 of 2019), art. 3, in effect as per art. 2, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1427

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1428

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1429

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1430

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1431

Power pursuant to subs. (1) and (2)(b) exercised (7.05.2015) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Back to Work Family Dividend) Regulations 2015 (S.I. No. 180 of 2015), art. 4 and sch. item 1. which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1432

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1433

Power pursuant to subs. (1) and (2)(b) 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(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1434

Power pursuant to subs. (1) and (2)(b) 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. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174.

E1435

Power pursuant to subs. (1) and (2)(c) 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. 6(b), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 175.

E1436

Power pursuant to subs. (1) and (2)(b) exercised (1.01.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Family Income Supplement) Regulations 2011 (S.I. No. 728 of 2011), art. 4—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174—in effect as per art. 3.

E1437

Power pursuant to subs. (1) and (2)(b) exercised (05.04.2007) 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. 5—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174—in effect as per art. 2.

E1438

Power pursuant to subs. (1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 179(3) and 179(4), in effect as per art. 2.

E1439

Power pursuant to subs. (1) and (2)(a) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 173, in effect as per art. 2.

E1440

Power pursuant to subs. (1) and (2)(b) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 174, in effect as per art. 2.

E1441

Power pursuant to subs. (1) and (2)(d) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 181(2), in effect as per art. 2.

E1442

Previous affecting provision: power pursuant to subs. (1) and (2)(c) 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. 15(b), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 175; substituted (12.11.2012) as per E-Note above.

E1443

Previous affecting provision: power pursuant to subs. (1) and (2)(c) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 175, in effect as per art. 2; substituted (21.11.2011) as per E-Note above.

E1444

Previous affecting provision: power pursuant to statutory precursor of subs. (1) and (2)(b) exercised (1.04.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Early Childcare Supplement) Regulations 2006 (S.I. No. 147 of 2006), art. 4—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 96—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.

E1445

Previous affecting provision: power pursuant to statutory precursor of subs. (1) and (2)(a) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 95, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; 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.

E1446

Previous affecting provision: power pursuant to statutory precursor of subs. (1) and (2)(b) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 96, in effect as per art. 2; amended (26.10.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers) Regulations 2000 (S.I. No. 340 of 2000), art. 5(1)(e), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; 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.

E1447

Previous affecting provision: power pursuant to statutory precursor of subs. (1) and (2)(c) exercised (13.06.1996) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) Regulations 1996 (S.I. No. 189 of 1996), art. 4—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 97—in effect as per art. 3; amended (30.06.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment (No. 4) (Family Income Supplement) Regulations 2005 (S.I. No. 350 of 2005), art. 4; continued in force (1.12.2005) by s. 362(2) as if made under this Act; 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.

E1448

Previous affecting provision: power pursuant to statutory precursor of subs. (1) and (2)(d) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 101(2), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; 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.