Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995.
2 Commencement.
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paragraphs: These Regulations shall come into operation on the 1st day of January, 1996.
3 Definitions.
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paragraphs: In these Regulations, save where the context otherwise requires—
"bank" means the holder of a licence under section 9 of the Central Bank Act, 1971 , or a trustee savings bank certified under the Trustee Savings Banks Acts, 1863 to 1979;
"beneficiary" means a person who is entitled to supplementary welfare allowance;
"building society" means a building society within the meaning of the Building Societies Acts, 1876 to 1989;
"claimant" means a person who has made a claim for supplementary welfare allowance;
"credit union" means a society which is registered as a credit
union under the Industrial and Provident Societies Acts, 1893 to 1978, by virtue of the Credit Union Act, 1966 ;
"hospital consultant" means a registered medical practitioner in hospital practice who, by reason of his training, skill and experience in a designated speciality, is consulted by other registered medical practitioners and undertakes full clinical responsibility for patients in his care on which he has been consulted, without supervision in professional matters by any other person;
"housing authority" has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992);
"institution" means a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto and any other similar establishment providing residence, maintenance or care for the persons therein;
"loan" means any loan or advance or any other arrangement by virtue of which interest is paid or payable to a bank, building society, credit union or the Housing Finance Agency plc;
"mortgage interest" means such proportion of a loan as is for the time being attributable to interest, other than interest payable by virtue of a delay or default in making a repayment under the loan agreement, entered into by the claimant for the purpose of defraying money employed in the purchase, repair or improvement of a residence or in paying off another loan used for such purpose;
"qualified dietitian" means a member of, or a person who holds a qualification that is recognised by, the Irish Nutrition and Dietetic Institute;
"rent" includes any periodical payment in the nature of rent made in return for a special possession of a dwelling or for the use, occupation or enjoyment of a dwelling, but does not include so much of any rent or payment as—
(a) relates to the provision of goods or services,
(b) is paid or made to defray the cost of maintenance of, or repairs to, a dwelling for which in the absence of agreement to the contrary the tenant would be liable, or
(c) relates to any right or benefit other than the bare right to use, occupy and enjoy the dwelling as a residence;
"residence" means a residential premises, other than an institution, that is used as the sole or main residence of the claimant;
"residential premises" means a building or part of a building, used or suitable for use, as a dwelling and any land which the occupier of a building or part of a building used as a dwelling has for his own occupation and enjoyment with the said building or part thereof as its garden;
"supplement" means a supplement payable by virtue of article 9, 10, 15 or 31, as the case may be;
"supplementary welfare allowance" means an allowance in cash or in kind granted under Chapter 11 of Part III of the Principal Act;
"the Principal Act" means the Social Welfare (Consolidation) Act, 1993 .
4 Interpretation.
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paragraphs: In these Regulations, save where the context otherwise requires—
(a) a reference to a Part is to a Part of these Regulations,
(b) a reference to an article is to an article of these Regulations, and
(c) a reference to a sub-article is to a sub-article of the article in which the reference occurs.
5 Revocations.
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paragraphs: The Regulations specified in Schedule A to these Regulations are hereby revoked.
PART II General Provisions.
6 Persons in fulltime work.
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paragraphs: (1) Section 173 (1) of the Principal Act shall not apply to a person on becoming engaged in remunerative full-time work until the expiration of a period of 30 days after the commencement of the engagement or the date on which the claimant first receives remuneration, whichever is the earlier.
(2) A person shall not be disqualified for receiving supplementary welfare allowance while engaged in remunerative full-time work where that person is participating in—
(a) a scheme, known as the Area Allowance Enterprise Scheme, approved by a company, known as an Area Partnership, in consultation with the Minister,
(b) a scheme, administered by An Foras Ã?iseanna Saothair and known as Community Employment, or
(c) a scheme administered by the Minister and known as the Back to Work Allowance Scheme.
(3) A person shall be regarded as being engaged in remunerative full-time work where he is so engaged for not less than 30 hours a week.
7 Persons in full-time education.
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paragraphs: A person shall not be disqualified for receiving supplementary welfare allowance while attending a course of study within the meaning of section 126 of the Principal Act where that person is participating in—
(i) a scheme administered by the Minister for Education and known as the Vocational Training Opportunities Scheme,
(ii) a scheme administered by the Minister and known as—
(I) the Second Level Initiative,
(II) the Third Level Allowance,
(III) the Part-time Education Initiative, or
(iii) such other course of education as the Minister may, from time to time, approve.
8 Registration for employment.
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paragraphs: (1) The provisions of section 176 (a) of the Principal Act which enable a health board to determine that a person shall not be entitled to supplementary welfare allowance unless he is registered for employment shall not apply to a person who satisfies the health board that he is incapable of work by reason of some specific disease or bodily or mental disablement.
(2) Where a health board determines under section 176 (a) of the Principal Act that the entitlement of any person to supplementary welfare allowance shall be subject to the condition that he is registered for employment he shall be required to prove unemployment in accordance with Regulations made under section 120 (1) (b) of the Principal Act.
PART III. Rent and Mortgage Supplements.
9 Entitlement to rent supplement.
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paragraphs: (1) Subject to these Regulations, a person shall be entitled to a supplement towards the amount of rent payable by him in respect of his residence.
(2) It shall be a condition of any claimant's entitlement to a supplement under sub-article (1) that—
(a) he is a bona fide tenant;
(b) he has made application, on being so required by the health board, to a housing authority to be assessed for a housing need under section 9 of the Housing Act, 1988 (No. 28 of 1988);
(c) his name has not been excluded from an assessment made by a housing authority pursuant to section 9 of the Housing Act, 1988 by reason of his failure to accept an offer of accommodation or if his name has been so excluded, the health board is satisfied that there was valid reason for his failure to accept such offer;
(d) he has not vacated accommodation provided by a housing authority or if he has vacated such accommodation the health board is satisfied that he had good cause for so doing;
(e) he is not in receipt of, or entitled to, an allowance in accordance with regulations made under section 23 of the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982);
(f) the person beneficially entitled to the rent payable under the tenancy is not:
(i) a housing authority,
(ii) a health board,
(iii) a body which provides services on behalf of, or similar or ancillary to, a health board using residential care staff and which receives a subvention from the Minister for Health in respect of the claimant, or
(iv) a voluntary housing body which receives a subsidy under the scheme, known as the "rental subsidy scheme", administered by housing authorities under section 7 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992);
(g) the health board is satisfied that—
(i) the claimant is in need of accommodation and is unable to provide for it from his own resources,
(ii) the residence is reasonably suited to the residential and other needs of the claimant, and
(iii) the rent payable by the claimant is just and proper having regard to the nature, character and location of the residence;
and for this purpose the health board shall at such time and in respect of such class or classes of persons as the Minister may direct, determine the appropriate maximum amount of rent in respect of which a supplement is payable having regard to the family circumstances and the location of the residence of such persons, and
(h) where the person beneficially entitled to the rent payable under the tenancy is an approved body in receipt of assistance under the scheme of capital assistance for the provision of housing accommodation operated under section 6 of the Housing (Miscellaneous Provisions) Act, 1992 and section 15 of the Housing Act, 1988 , the health board receives confirmation from the relevant housing authority that the rent has been fixed in accordance with the terms of the scheme.
10 Entitlement to mortgage supplement.
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paragraphs: (1) Subject to these Regulations, a person shall be entitled to a supplement towards the amount of mortgage interest payable by him in respect of his residence:
Provided that—
(a) the loan agreement was entered into at a time when, in the opinion of the health board, the claimant was in a position to meet the repayments thereunder, and
(b) the residence in respect of which the loan is payable, is not offered for sale.
(2) Subject to sub-article (3), it shall be a condition of any claimant's entitlement to a supplement under sub-article (1), that the health board is satisfied that:—
(a) the amount of the mortgage interest payable by the claimant does not exceed such amount as the health board considers reasonable to meet his residential and other needs, and
(b) it is reasonable to award a supplement having regard to the amount of any arrears outstanding on the loan.
(3) Notwithstanding sub-article (2), a health board may award a supplement where the amount of mortgage interest payable by the claimant exceeds such amount as the board considers reasonable to meet his residential and other needs:
Provided that no sum shall be paid in respect of such supplement for any period more than 12 months from the date on which the claim therefor is made.
11 Duration of supplement.
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paragraphs: (1) Subject to these Regulations, a supplement payable under this Part shall continue to be payable for the period in which the beneficiary resides continuously in the residence in respect of which the supplement is awarded.
(2) In determining whether a beneficiary resides continuously in a residence for the purposes of sub-article (1), any period of absence from his residence by virtue of his temporary residence, for any period which does not exceed 13 weeks, in an institution, shall be disregarded.
12 Amount of supplement.
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paragraphs: (1) Subject to these Regulations, the amount of a supplement payable under this Part to a claimant in respect of a week shall be the difference between his weekly needs less £6 and his weekly means, less the weekly amount of rent or mortgage interest, as the case may be, payable by him:
Provided that the amount so payable shall not exceed such amount as the health board considers reasonable to meet the residential needs of the claimant.
(2) Where a person, other than an adult dependant or a child dependant of the claimant, resides with the claimant other than as a sub-tenant, the health board shall reduce the amount of the supplement payable, by such amount, which in the opinion of the health board, is reasonably attributable to that other person.
(3) In the case of a person to whom article 6 (7) of the Social Welfare (Supplementary Welfare Allowance) Regulations, 1977 to 1994 applies on the commencement of these Regulations, sub-article (1) shall be construed as if "£4.50" were substituted for "£6".
13 Amount of supplement in certain cases.
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paragraphs: In the case of a claimant whose tenancy is with an approved body which is in receipt of assistance under the scheme of capital assistance referred to in article 9 (2) (h), the maximum supplement payable under this Part shall be:
(a) £21, in any case where the claimant is a spouse within the meaning of section 3 (12) of the Principal Act, and
(b) £19, in any other case.
14 Saver.
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paragraphs: Notwithstanding the provisions of these Regulations, in the case of a claimant who is, on the commencement of these Regulations, in receipt of a supplement in respect of his rent, within the meaning of article 6 (4) of the Social Welfare (Supplementary Welfare Allowance) Regulations, 1977 to 1994, the provisions of these Regulations shall not have the effect of reducing the rate of supplement payable under this Part below that to which he was previously entitled.
PART IV. Diet Supplements.
15 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 he or his adult or child dependant has been prescribed by virtue of a specified medical condition.
(2) The following diets are specified for the purposes of this article:
(a) in the case of a person who is of or over the age of 18 years—
(i) diabetic diet,
(ii) low fat, low cholesterol diet,
(iii) reducing (calorie restricted) diet,
(iv) high fibre diet,
(v) low fat diet,
(vi) high protein, high calorie diet,
(vii) gluten free diet,
(viii) low protein, high calorie diet,
(ix) liquidised (altered consistencies) diet,
(x) low lactose, milk free diet,
(xi) high protein, low salt diet, and
(xii) modified protein high calorie diet, and
(b) in the case of a person who is under the age of 18 years—
(i) reducing (calorie restricted) diet,
(ii) high fibre diet,
(iii) low fat diet,
(iv) diabetic diet,
(v) high protein, high calorie diet,
(vi) gluten free diet,
(vii) low protein, high calorie diet,
(viii) low lactose, milk free diet,
(ix) high protein, low salt 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 hospital consultant that the claimant or any adult or child dependant of his has been prescribed a diet specified for the purposes of this article by virtue of a specified medical condition, and
(b) the nature and duration of the diet which has been prescribed is verified by a hospital consultant or by a qualified dietitian.
(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, a 'child dependant' means in relation to any claimant, any child, not being an adult dependant 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 section 2 (3) of the Principal Act.
16 Amount of supplement.
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paragraphs: (1) Subject to this article, the amount of a supplement payable under this Part, other than a supplement payable in respect of a child dependant who is under the age of 18 years, to a claimant in respect of a week shall be £27, 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 child dependant or a qualified child, in any case where the claimant is a spouse within the meaning of section 3 (12) 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 child dependant or a qualified child, in any other case, or
(b) where the claimant is in receipt of a supplement under Part III—