Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007


S.I. No. 412 of 2007


SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) REGULATIONS 2007

REVISED

Updated to 24 March 2023


This Revised Statutory Instrument is an administrative consolidation of the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023 (6/2023), enacted 10 March 2023, and all statutory instruments up to and including the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2023 (S.I. No. 161 of 2023), made 24 March 2023, were considered in the preparation of this Revised Statutory Instrument.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


S.I. No. 412 of 2007


SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) REGULATIONS 2007

REVISED

Updated to 24 March 2023


Introduction

This Revised Statutory Instrument presents the text of the instrument as it has been amended, and preserves the format in which it was made.

Related legislation

Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2023: this statutory instrument is one of a group of statutory instruments included in this collective citation, to be construed together as one (Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2023 (S.I. No. 161 of 2023), art. 1(2)). The instruments in this group are:

Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Maximum Rent Limits) Regulations 2008 (S.I. No. 334 of 2008)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) Regulations 2008 (S.I. No. 603 of 2008)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Rent Supplement) Regulations 2009 (S.I. No. 202 of 2009)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2009 (S.I. No. 265 of 2009)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Rent Supplement) Regulations 2010 (S.I. No. 295 of 2010)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2010 (S.I. No. 680 of 2010)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Rent Supplement) Regulations 2011 (S.I. No. 393 of 2011)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2011 (S.I. No. 462 of 2011)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Administrative Responsibility for Supplementary Welfare Allowance) Regulations 2011 (S.I. No. 514 of 2011)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Civil Partnership) Regulations 2011 (S.I. No. 603 of 2011)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Rent Supplement) Regulations 2011 (S.I. No. 729 of 2011)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 478 of 2012)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent and Mortgage Supplement) Regulations 2012 (S.I. No. 568 of 2012)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Rent and Mortgage Supplement) Regulations 2013 (S.I. No. 139 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2013 (S.I. No. 215 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Prescribed Activation Measures) Regulations 2013 (S.I. No. 258 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Rent and Mortgage Interest Supplement) Regulations 2013 (S.I. No. 422 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 6) (Mortgage Interest Supplement) Regulations 2013 (S.I. No. 513 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Rent and Mortgage Interest Supplement) Regulations 2013 (S.I. No. 516 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Diet Supplement) Regulations 2014 (S.I. No. 36 of 2014)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Assessment of Means) Regulations 2014 (S.I. No. 156 of 2014)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Rent Supplement) Regulations 2014 (S.I. No. 411 of 2014)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Prescribed Employment Schemes) Regulations 2014 (S.I. No. 441 of 2014)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Rent Supplement) Regulations 2014 (S.I. No. 604 of 2014)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2015 (S.I. No. 14 of 2015)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Manner of Payment) Regulations 2015 (S.I. No. 375 of 2015)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Rent Supplement) Regulations 2016 (S.I. No. 340 of 2016)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2016 (S.I. No. 669 of 2016)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Diet Supplement) Regulations 2017 (S.I. No. 71 of 2017)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2018 (S.I. No. 60 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Diet Supplement) Regulations 2018 (S.I. No. 104 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Assessment of Means) Regulations 2018 (S.I. No. 307 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Assessment of Means) Regulations 2018 (S.I. No. 334 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Assessment of Means) Regulations 2018 (S.I. No. 390 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No.7) (Assessment of Means) Regulations 2018 (S.I. No. 650 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 6) (Assessment of Means) Regulations 2018 (S.I. No. 652 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No.1) (Earnings Disregard) Regulations 2019 (S.I. No. 41 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Diet Supplement) Regulations 2019 (S.I. No. 108 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Assessment of Means) Regulations 2019 (S.I. No. 131 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Assessment of Means) Regulations 2019 (S.I. No. 203 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Assessment of Means) Regulations 2019 (S.I. No. 304 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 6) (Assessment of Means) Regulations 2019 (S.I. No. 667 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Diet Supplement) Regulations 2021 (S.I. No. 785 of 2021)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Calculation of Means) Regulations 2022 (S.I. No. 292 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Calculation of Means ) Regulations 2022 (S.I. No. 396 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No.1) (Earnings Disregard) Regulations 2022 (S.I. No. 401 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Calculation of Means) Regulations 2022 (S.I. No. 431 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Diet Supplement) Regulations 2022 (S.I. No. 717 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 6) (Earnings Disregard) Regulations 2022 (S.I. No. 723 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2023 (S.I. No. 161 of 2023)

Annotations

This Revised Statutory Instrument is annotated and includes textual and non-textual amendments and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this statutory instrument, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1987, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019)

All Acts up to and including Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023 (6/2023), enacted 10 March 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2023 (S.I. No. 161 of 2023)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 6) (Earnings Disregard) Regulations 2022 (S.I. No. 723 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Diet Supplement) Regulations 2022 (S.I. No. 717 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Calculation of Means) Regulations 2022 (S.I. No. 431 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No.1) (Earnings Disregard) Regulations 2022 (S.I. No. 401 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Calculation of Means ) Regulations 2022 (S.I. No. 396 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Calculation of Means) Regulations 2022 (S.I. No. 292 of 2022)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Diet Supplement) Regulations 2021 (S.I. No. 785 of 2021)

Employment Affairs and Social Protection (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 447 of 2020)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 6) (Assessment of Means) Regulations 2019 (S.I. No. 667 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Assessment of Means) Regulations 2019 (S.I. No. 304 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Assessment of Means) Regulations 2019 (S.I. No. 203 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Assessment of Means) Regulations 2019 (S.I. No. 131 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Diet Supplement) Regulations 2019 (S.I. No. 108 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No.1) (Earnings Disregard) Regulations 2019 (S.I. No. 41 of 2019)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 6) (Assessment of Means) Regulations 2018 (S.I. No. 652 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No.7) (Assessment of Means) Regulations 2018 (S.I. No. 650 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Assessment of Means) Regulations 2018 (S.I. No. 390 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Assessment of Means) Regulations 2018 (S.I. No. 334 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Assessment of Means) Regulations 2018 (S.I. No. 307 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Diet Supplement) Regulations 2018 (S.I. No. 104 of 2018)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2018 (S.I. No. 60 of 2018)

Social Protection (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 366 of 2017)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Diet Supplement) Regulations 2017 (S.I. No. 71 of 2017)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2016 (S.I. No. 669 of 2016)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Rent Supplement) Regulations 2016 (S.I. No. 340 of 2016)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Manner of Payment) Regulations 2015 (S.I. No. 375 of 2015)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2015 (S.I. No. 14 of 2015)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Rent Supplement) Regulations 2014 (S.I. No. 604 of 2014)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Prescribed Employment Schemes) Regulations 2014 (S.I. No. 441 of 2014)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Rent Supplement) Regulations 2014 (S.I. No. 411 of 2014)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Assessment of Means) Regulations 2014 (S.I. No. 156 of 2014)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Diet Supplement) Regulations 2014 (S.I. No. 36 of 2014)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Rent and Mortgage Interest Supplement) Regulations 2013 (S.I. No. 516 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 6) (Mortgage Interest Supplement) Regulations 2013 (S.I. No. 513 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Rent and Mortgage Interest Supplement) Regulations 2013 (S.I. No. 422 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Prescribed Activation Measures) Regulations 2013 (S.I. No. 258 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2013 (S.I. No. 215 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Rent and Mortgage Supplement) Regulations 2013 (S.I. No. 139 of 2013)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent and Mortgage Supplement) Regulations 2012 (S.I. No. 568 of 2012)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 478 of 2012)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Rent Supplement) Regulations 2011 (S.I. No. 729 of 2011)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Civil Partnership) Regulations 2011 (S.I. No. 603 of 2011)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Administrative Responsibility for Supplementary Welfare Allowance) Regulations 2011 (S.I. No. 514 of 2011)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2011 (S.I. No. 462 of 2011)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Rent Supplement) Regulations 2011 (S.I. No. 393 of 2011)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2010 (S.I. No. 680 of 2010)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Rent Supplement) Regulations 2010 (S.I. No. 295 of 2010)

Social and Family Affairs (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 186 of 2010)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2009 (S.I. No. 265 of 2009)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Rent Supplement) Regulations 2009 (S.I. No. 202 of 2009)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) Regulations 2008 (S.I. No. 603 of 2008)

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Maximum Rent Limits) Regulations 2008 (S.I. No. 334 of 2008)

All statutory instruments up to and including Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2023 (S.I. No. 161 of 2023), made 24 March 2023, were considered in the preparation of this revision.


S.I. No. 412 of 2007


SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) REGULATIONS 2007

REVISED

Updated to 24 March 2023


ARRANGEMENT OF ARTICLES

PART 1

Preliminary

Article

1.

Citation.

2.

Commencement.

3.

Definitions.

4.

Interpretation.

5.

Revocations.

PART 2

General Provisions

CHAPTER 1

Illness Benefit

6.

Persons in full-time work.

7.

Persons in full-time education.

8.

Registration for employment.

8A.

Refusal to engage with activation measures — prescribed schemes, courses etc.

PART 3

Rent and Mortgage Supplements

9.

Entitlement to rent supplement.

9A.

Prescribed periods for purposes of section 198.

9B.

Provision by landlord of tax reference number for rent supplement.

10.

Entitlement to mortgage supplement.

11.

Duration of supplement.

12.

Amount of supplement.

13

Amount of supplement in certain cases.

14.

Saver. (Deleted)

PART 4

Diet Supplement

15.

Entitlement to diet supplement.

16.

Amount of supplement.

17.

Continuation of payment of supplement where entitlement commences before 1 February 2014.

PART 5

Claims and Payments

18.

Claims.

19.

Information to be given when making claim.

20.

Prescribed time for making claim.

21.

Claims made outside prescribed time.

22.

Extension of time for making claim.

23.

Provision of information.

24.

Administration of payment. (Deleted)

25.

Time and manner of payment.

26.

Extinguishment of right to payment.

27.

Nominated persons.

28.

Persons unable to act.

29.

Payment to appointed persons.

30.

Payment to appointed person living together with applicant.

31.

Provisions relating to appointments.

32.

Offences.

PART 6

Miscellaneous

33.

Earnings disregard — supplementary welfare allowance.

34.

Prescribed age for the purposes of benefit and privilege.

35.

Assessment of means — non-cash benefits.

36.

Calculation of means.

36A.

Additional income disregard for rent and mortgage interest supplement — prescribed employment, training etc.

37.

Relevant payments — linked claims.

38.

Payment in exceptional circumstances.

39.

Application of Principal Act. (Deleted)

PART 7

Determinations and Appeals

40.

Determination of designated person.

41.

Submission of appeal under section 323.

42.

Notice of appeal and information to be supplied.

43.

Further information to be supplied and amendment of pleadings.

44.

Determination of Review Officer.

45.

Method of sending documents.

SCHEDULE 1

Maximum Rent Limits

SCHEDULE 2

Amount of Diet Supplement

SCHEDULE 3

Application of Principal Act (Deleted)

SCHEDULE 4

Revocations


S.I. No. 412 of 2007


SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) REGULATIONS 2007

REVISED

Updated to 24 March 2023


Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 10th July, 2007.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4, 188, 190, 191, 194, 195, 198, 241, 242, 244, 251, 294, 295, 312 and 330, Rules 1(2), 1(2)(b)(iv) and 1(5)(a) of Part 4, and reference 19 of Table 2 of Schedule 3 to the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations: