Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement) Regulations 2006
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) (Diet Supplement) Regulations 2006.
(2) These regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 to 2006.
Commencement.
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paragraphs: These regulations come into operation on 3 April 2006.
Definitions.
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paragraphs: In these regulations -
“the Principal Regulations” means the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 ( S.I. No. 382 of 1995 ).
Diet supplements — amendments.
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paragraphs: The Principal Regulations are amended -
(1) by substituting the following for Part IV:
“PART IV
DIET SUPPLEMENTS
Entitlement to diet supplement.
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paragraphs: (1) Subject to these Regulations, a claimant shall be entitled to a supplement towards the cost of a diet, being a diet specified for the purposes of this article, which his or her qualified adult or qualified child has been prescribed by virtue of a specified medical condition.
(2) The following diets are specified for the purposes of this article:
(i) low lactose, milk free diet,
(ii) gluten free diet,
(iii) high protein, high calorie diet,
(iv) altered consistency (liquidised) diet.
(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)(ii) by virtue of a specified medical condition, and
(c) the nature and duration of the diet which has been prescribed is verified by the said medical practitioner or by a qualified dietician.
(4) A supplement under sub-article (1) shall not be payable for any period during which the person, who has been prescribed the diet, is in an institution.
(5) In this Part, save where the context otherwise requires, a ‘qualified child’ means in relation to any claimant, any child, not being a qualified adult who is dependent on that claimant for support and who is -
(a) under the age of 18 years, or
(b) of or over the age of 18 years and under the age of 22 years and is receiving full-time education within the meaning of article 8 of the Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ).
Amount of supplement.
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paragraphs: (1) Subject to this article, the amount of weekly supplement payable, other than to a qualified child, in respect of a diet which is specified in article 15(2) shall be at the amount set out in column (2) opposite the specified diet shown in column (1) of Schedule D, less,
(a) where the claimant is not in receipt of a supplement under Part III-
(i) one sixth of 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 (within the meaning of the Principal Act), in any case where the claimant is a spouse within the meaning of section 3(10) of the Principal Act,
(ii) one third of 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 (within the meaning of the Principal Act), in any other case, or
(b) where the claimant is in receipt of a supplement under Part III-