S.I. No. 156/1997 - Social Welfare (Consolidated Payments Provisions) (Amendment) (Household Budgeting) Regulations, 1997

S.I. No. 156 of 1997.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (HOUSEHOLD BUDGETING) REGULATIONS, 1997

The Minister for Social Welfare, in exercise of the powers conferred on him by section 4 and 240 (as amended by section 42 of the Social Welfare Act 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations;

1 Citation and construction

1.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (Household Budgeting) Regulations, 1997.

• (2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996 may be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997.

2 Interpretation

2.

2. In these Regulations, "the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

3 Amendment of Principal Regulations

3.

3. Part VI of the Principal Regulations is hereby amended by the insertion after Chapter 3 of the following Chapter:

"CHAPTER 4

Household Budgeting

Definitions.

"assistance" means unemployment assistance under Chapter 2 of Part III or one parent family payment under Chapter 9 of Part III;

"benefit" means unemployment benefit under Chapter 9 of Part II or a relevant payment in accordance with section 18(1) (a) of the Social Welfare Act, 1996 ;

"beneficiary" means a person in receipt of benefit or assistance, payable by An Post through a payment method known as POST-DRAFT or Electronic Information Transfer;

"specified body" has the meaning assigned to it in section 240.

Household budgeting.

• (2) The total amount deducted under sub-article (1) in any week shall not exceed 25 per cent. of the weekly rate of such benefit or assistance to which the beneficiary is entitled.

• (3) A beneficiary may cancel a deduction made under this article by giving not less than two weeks notice in writing to An Post specifying details of the deduction or deductions to be cancelled.

• (4) The amount of the deduction made under sub-article (1) may be varied on application by the beneficiary to An Post in such form as may be determined by An Post.

• (5) An Post shall immediately upon receipt of a cancellation pursuant to sub-article (3) or a variation pursuant to sub-article (4), comply with such cancellation or variation.

• (6) Where, in any week, the amount of payment to which the beneficiary is entitled for that week is insufficient to meet all the deductions under sub-article (1), An Post may make deductions up to the percentage amount specified in sub-article (2) to the specified bodies in the priority nominated by the beneficiary at the time of the making of the application in accordance with this article.".

4 Revocation

4.

4. The Social Welfare (Household Budgeting) Regulations, 1993 ( S.I. No. 196 of 1993 ) are hereby revoked.

GIVEN under the Official Seal of the Minister for Social Welfare

this 27th day of March 1997.

PROINSIAS DE ROSSA

Minister for Social Welfare.

EXPLANATORY NOTE

Under Section 240 of the Social Welfare (Consolidation) Act, 1993 the Minister for Social Welfare has delegated to An Post, power to administer the Household Budgeting Scheme under which recipients of certain Social Welfare payments can opt to have deductions made from their weekly payments in respect of regular household expenses and paid over to specified bodies such as ESB, Telecom Éireann and Local Authorities. The Household Budgeting facility is currently available to recipients of unemployment payments made through An Post's POSTDRAFT system.

These Regulations provide for the extension of this facility to recipients of the One Parent Family payment and Deserted Wife's Benefit. It also provides for the method of making such deductions, and for the amendment, variation and cancellation of deductions once made.