Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Diet Supplement) Regulations 2014.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Diet Supplement) Regulations 2014.
(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2013 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2014.
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paragraphs: These Regulations come into operation on 1 February 2014.
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paragraphs: In these Regulations “Principal Regulations” means the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 ( S.I. No. 412 of 2007 ).
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paragraphs: Article 15 of the Principal Regulations is amended—
(a) by substituting the following sub-article for sub-article (3):
“(3) It shall be a condition of any claimant’s entitlement to a supplement under sub-article (1) that—
(a) it is certified by a registered medical practitioner, in his or her capacity as a hospital consultant or a hospital registrar, that the claimant or a qualified adult or any qualified child of his or hers has been prescribed a diet specified for the purposes of this article by virtue of a specified medical condition, or
(b) it is specified by a registered medical practitioner that the claimant or a qualified adult or any qualified child (of or over the age of 18 years) of his or hers has been prescribed a diet specified for the purposes of sub-article (2)(b) by virtue of a specified medical condition,
and the nature and duration of the diet which has been prescribed is verified by the said medical practitioner or by a qualified dietician.”, and
(b) by inserting the following sub-article after sub-article (4):
“(4A) An application for a supplement under sub-article (1) shall not be made on or after 1 February 2014.”.
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paragraphs: Article 16 of the Principal Regulations is amended—
(a) in sub-article (1), by substituting “Subject to this article and article 17,” for “Subject to this article,”, and
(b) by deleting sub-article (3).
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paragraphs: The Principal Regulations are amended by substituting the following article for article 17:
“Continuation of payment of supplement where entitlement commences before 1 February 2014.
17. (1) Subject to these Regulations, where a supplement towards the cost of a diet is payable immediately before 1 February 2014 in accordance with Part 4 of these Regulations, the payment of that supplement shall continue to be made on and after 1 February 2014, subject to the provisions of this article.
(2) The payment of a supplement towards the cost of a diet, which continues to be made on and after 1 February 2014 in accordance with sub-article (1), shall cease to be made—
(a) where the person for whom the diet had been prescribed—
(i) no longer satisfies the conditions specified in sub-article (3) of article 15,
(ii) is a person who—
(I) qualified for that supplement before 3 April 2006 by virtue of a special dietary requirement specified in article 15(2) of the Regulations of 1995, not being a special dietary requirement specified in article 15(2) of these Regulations,
(II) continued to receive that supplement on and after 3 April 2006 in accordance with article 16(3) of the Regulations of 1995 (inserted by article 4 of the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement) Regulations 2006 ( S.I. No. 146 of 2006 )) and further continued to receive that supplement on and after 2 July 2007 in accordance with article 16(3) of these Regulations, and
(III) is no longer certified as requiring the special dietary requirement referred to in clause (I) by a hospital consultant,
or
(iii) is residing in an institution,
and
(b) in the case of a supplement which is being paid in respect of the qualified child of a claimant, where that child ceases to be a qualified child within the meaning of article 15(5).
(3) Where the payment of a supplement towards the cost of a diet continues to be made on and after 1 February 2014 in accordance with sub-article (1), that supplement shall continue to be payable at the weekly rate payable immediately before 1 February 2014, provided that the claimant’s weekly means (exclusive of any increase in any benefit or assistance payable under the Principal Act in respect of a qualified child) have not increased on or after 1 February 2014.
(4) Where the weekly means of a claimant to whom sub-article (3) applies (exclusive of any increase in any benefit or assistance payable under the Principal Act in respect of a qualified child) have increased on or after 1 February 2014, the amount of the weekly supplement payable in accordance with sub-article (3) shall be reduced by the amount of the increase in such weekly means and where the amount of such increase in weekly means exceeds the amount of the weekly supplement payable in accordance with sub-article (3), no supplement shall be payable.
(5) In this article ‘Regulations of 1995’ means the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 ( S.I. No. 382 of 1995 ).”.