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

Type Statutory Instrument
Publication 2019-02-15
State In force
Text As published
Source Irish Statute Book
articles Not indexed

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th February, 2019.

I, REGINA DOHERTY, Minister for Employment Affairs and Social Protection, in exercise of the powers conferred on me by section 4 (adapted by the Social and Family Affairs (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 366 of 2017 )), and by Rule 1(2)(b)(iv) of Part 4 of Schedule 3 to the Social Welfare Consolidation Act 2005 (No. 26 of 2005) hereby make the following Regulations:

Citation and construction

1 (1) These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No.1) (Earnings Disregard) Regulations 2019.

Commencement

2 These Regulations shall have effect from 31 December 2018.

Earnings disregard — supplementary welfare allowance.

3 The Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 ( S.I. No. 412 of 2007 ) are amended by the substitution of the following article for article 33:

“Earnings disregard — supplementary welfare allowance.

33 In assessing the means of a person for the purposes of Rule 1(2)(b)(iv) of Part 4 of Schedule 3 to the Principal Act, the amount to be disregarded in respect of earnings received by that person from employment shall be the first €120.00 of such weekly earnings.”

GIVEN under the Official Seal,

12 February 2019

REGINA DOHERTY,

Minister for Employment Affairs and Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Section 20 of the Social Welfare, Pensions and Civil Registration Act 2018 removed the requirement that the earnings disregard applicable to an assessment of means for supplementary welfare allowance purposes needed to relate to earnings from employment of a rehabilitative nature.

These Regulations amend article 33 of the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007, which specify the level of the weekly earnings disregard to be applied, to remove the requirement that the disregard can only be applied to earnings from employment of a rehabilitative nature. The disregard currently amounts to €120 per week.

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