Social Welfare Consolidation Act 2005
Regulations.
[1993 s4(1)]
4.—(1) The Minister may make regulations—
(a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and
(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.
[1993 s4(2)]
(2) Except in so far as this Act otherwise provides, any power conferred by this Act to make regulations may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and
(b) so as to make, as regards the cases in relation to which it is exercised—
(i) the full provision to which the power extends or any less provision (whether by exception or otherwise),
(ii) the same provision for all cases in relation to which the power is exercised or different provision for different cases or classes of case, or different provision in relation to the same case or class of case for different purposes of this Act,
(iii) any such provision either unconditionally or subject to any specified condition.
[1993 s4(3)]
(3) Without prejudice to any specific provision in this Act, regulations may contain any incidental or supplementary provisions that may appear to the Minister to be expedient for the purposes of the regulations.
[1993 s4(4); 2005 (SW&P) s25 & Sch 3]
(4) The following are subject to the sanction of the F80[Minister for Public Expenditure and Reform]:
(a) regulations for the purposes of sections 2(2), F81[38C(2), 38E,] F82[…], 41(4), 41(7), 49, 60, 62(3), 62(5), 62(7), F83[62(12), ] 64(6), F84[68C, F85[68KC, 68KE(6), 68KF(4),] F81[68N, 68O, 68P,]] 70(3), 71(7), 71(8), 71(9), 99(3), 108(6), 108(7), 109(8), 109(11), 109(14), 109(16), 114(6), 114(7), 115(4), 115(5), 115(7), 119(1), 119(2), 120, 125(3), 125(5), 135(2), 135(3), 141(1), 142(5), 151, F86[…] 179(1), 186(2)(b), 198, 232(2), 232(3), 233, 241(7), 289, 292, 297, F87[342, 343M and 363] and, in Schedule 3, Rule 1(2)(b)(iv)(I), (6) and (7) of F88[Rule 2(3) of Part 3, Rule 2 of Part 4 and Rule 2(3) of Part 5] and Reference 14 and 19 in Table 2;
(b) a draft of regulations under any of the provisions mentioned in subsection (5).
F89[(4A) The making of regulations under or for the purposes of section 13, 14, 15, 16, 17, 20(2)(d), 22, 23 or 25(1)(d) by the Minister shall be subject to the consent of the Minister for Finance given after consultation by the Minister for Finance with the Minister for Public Expenditure and Reform.]
[1993 s4(5); 2005 (SW&P) s25 & Sch 3]
(5) Where regulations are proposed to be made for the purposes of section 12(2), 12(3), 13(3)(a), 20(2)(a), 20(2)(b), 20(2)(c), 32, 41(6), 58(3), 64(5), F90[68KC(1)(a) or (b), 68KC(2), 68KD(2), 68KE(6), 68KF(5),] 101(2), 109(7), 115(3), 119(6), 125(2), 131(2), 135(2), 262(3), 263(1) or 264(1), or, in Schedule 3, Rule 4(a) of F88[Rule 7 of Part 3, Rule 2(a) of Part 4 or Rule 7 of Part 5], or Schedule 5, a draft of those regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
[1993 s4(6); 2005 (SW&P) s26 & Sch 4]
(6) Regulations or rules (not being regulations of which a draft is required by this Act to be approved of by resolution of each House of the Oireachtas) shall be laid before each House of the Oireachtas as soon as practicable after they are made and, if a resolution annulling the regulations or rules is passed by either House within the next 21 days on which that House has sat after the regulations or rules have been laid before it, the regulations or rules shall be annulled accordingly, but without prejudice to the validity of anything previously done under those regulations or rules.
[1993 s4(7)]
(7) Where the Minister revokes regulations made under any of the provisions mentioned in subsection (5) and makes regulations which he or she certifies to be substantially to the like effect as the regulations so revoked, a requirement that a draft of the proposed regulations be laid before each House of the Oireachtas shall not apply.
Annotations
Amendments:
F80
Substituted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 96(a)(i), commenced as per s. 6 and S.I. No. 401 of 2011.
F81
Inserted (5.08.2020) by Social Welfare (Covid-19) (Amendment) Act 2020 (12/2020), s. 5, commenced on enactment.
F82
Deleted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 96(a)(ii), commenced as per s. 6 and S.I. No. 401 of 2011.
F83
Inserted (1.10.2024) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 14 and sch. ref. 1(a)(i), S.I. No. 499 of 2024.
F84
Inserted (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 6 and sch. item 2, S.I. No. 550 of 2019.
F85
Inserted (1.10.2024) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 14 and sch. ref. 1(a)(ii), S.I. No. 499 of 2024.
F86
Deleted (8.04.2021) by Social Welfare Act 2020 (30/2020), s. 10(1)(a), commenced as per subs. (2).
F87
Substituted (1.08.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 13(a), S.I. No. 308 of 2014.
F88
Substituted (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.
F89
Inserted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 96(a)(iii), commenced as per s. 6 and S.I. No. 401 of 2011.
F90
Inserted (1.10.2024) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 14 and sch. ref. 1(b), S.I. No. 499 of 2024.
Modifications (not altering text):
C11
Applications of subs. (2) and (3) extended (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 20, S.I. No. 329 of 2002, which inserted Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 28. For the purposes of Interpretation Act 2005 (23/2005), s. 26(2) the provisions of Social Welfare Consolidation Act 2005 (26/2005), ss. 4(2) and (3) relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), ss. 4(2) and (3).
Application of this Part.
8.—(1) Subject to subsection (2), this Part applies to every dwelling which would, at the commencement of this Act, be a controlled dwelling within the meaning of the Rent Restrictions Acts, 1960 to 1981, if those Acts had full force and effect at such commencement, other than such a dwelling held at such commencement under a contract of tenancy for greater than from year to year during such period as it is so held.
...
Regulations.
28.—(1) The Minister for Social, Community and Family Affairs may, with the consent of the Minister for Finance, make regulations for the payment out of moneys provided by the Oireachtas of allowances to persons who are, on 25 July 2002, tenants of dwellings to which section 8(1) relates—
(a) whose entitlement to retain possession of the dwellings concerned subsists after 25 July 2002 by operation of law or otherwise,
(b) whose rent—
(i) is determined in accordance with such terms and conditions, or
(ii) is less than such amount,
as the Minister for Social, Community and Family Affairs may specify in those regulations,
and
(c) who would otherwise suffer hardship by reason of increases in the rents of their dwellings.
(2) Entitlement to an allowance and the amount and the payment thereof shall be subject to such terms and conditions as may be specified in the regulations.
(3) Subsections (2) and (3) of section 4 of the Social Welfare (Consolidation) Act, 1993, shall have effect in relation to regulations under this section and the regulations may apply (with or without modification), or make provisions corresponding (with or without modification) to, any other provisions of, or any provisions made under, that Act.
...
C12
Applications of subs. (2) and (3) extended (26.07.1982) by Housing (Private Rented Dwellings) Act 1982 (6/1982), s. 23, commenced on enactment. For the purposes of Interpretation Act 2005 (23/2005), s. 26(2) the provisions of Social Welfare Consolidation Act 2005 (26/2005), ss. 4(2) and (3) relate to the same subject-matter as Social Welfare (Consolidation) Act 1981 (1/1981), ss. 3(2) and (3).
Application of this Part.
8.—(1) Subject to subsection (2), this Part applies to every dwelling which would, at the commencement of this Act, be a controlled dwelling within the meaning of the Rent Restrictions Acts, 1960 to 1981, if those Acts had full force and effect at such commencement, other than such a dwelling held at such commencement under a contract of tenancy for greater than from year to year during such period as it is so held.
...
Rent allowances for tenants.
23.—(1) The Minister for Social Welfare may, with the consent of the Minister for Finance, make regulations for the payment out of moneys provided by the Oireachtas of allowances to the tenants of dwellings to which section 8(1) relates who would otherwise suffer hardship by reason of increases in the rents of their dwellings.
(2) Entitlement to an allowance and the amount and the payment thereof shall be subject to such conditions and limitations as may be specified in the regulations.
(3) Subsections (2) and (3) of section 3 of the Social Welfare (Consolidation) Act, 1981, shall have effect in relation to regulations under this section and the regulations may apply (with or without modification), or make provisions corresponding (with or without modification) to, any other provisions of, or any provisions made under, that Act.
...
Editorial Notes:
E95
All statutory instruments made pursuant to other sections of this Act were also made pursuant to this section. To avoid duplication these instruments (a full list of which may be found at the end of the PDF Annotated version of this Revised Act) are dealt with only in the Editorial Notes following those other sections. Statutory instruments continued in force under s. 362(2) are dealt with similarly, insofar as they were made partly pursuant to the statutory precursors of this section which were: Social Welfare (Consolidation) Act 1993 (27/1993), s. 4; Social Welfare (Consolidation) Act 1981 (1/1981), s. 3; Social Welfare (Occupational Injuries) Act 1966 (16/1966), s. 1(7); Social Welfare Act 1952 (11/1952), s. 3.