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S.I. No. 146/2006 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement) Regulations 2006

S.I. No. 146/2006 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement) Regulations 2006 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-á

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2006 Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement) Regulations 2006 The Minister for Social and Family Affairs, in exercise

the powers conferred on him by section 4 (as amended by section 17 and Schedule 3

the Social Welfare Law Reform and Pensions Act 2006 (No. 5

2006) and 198

the Social Welfare Consolidation Act 2005 (No. 26

2005), hereby makes the following regulations: Citation and construction. 1.

(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
  1. Commencement.
  2. These regulations come into operation on 3 April
  3. Definitions.
  4. In these regulations - “the Principal Regulations” means the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 ( S.I. No. 382

1995 ). Diet supplements — amendments. 4. The Principal Regulations are amended -

(1)by substituting the following for Part IV: “PART IV DIET SUPPLEMENTS Entitlement to diet supplement. 15.
(1)Subject to these Regulations, a claimant shall be entitled to a supplement towards the cost

a diet, being a diet specified for the purposes

this article, which his or her qualified adult or qualified child has been prescribed by virtue

a specified medical condition.

(2)The following diets are specified for the purposes

this article: (

  1. i)low lactose, milk free diet, (
  2. ii)gluten free diet, (iii) high protein, high calorie diet, (
  3. iv)altered consistency (liquidised) diet.

(3)It shall be a condition

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

his or hers has been prescribed a diet specified for the purposes

this article by virtue

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 (

or over the age

18 years)

his or hers has been prescribed a diet specified for the purposes

sub-article

(2)(ii) by virtue

a specified medical condition, and (c) the nature and duration

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

18 years, or (b)

or over the age

18 years and under the age

22 years and is receiving full-time education within the meaning

article 8

the Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417

1994 ). Amount

supplement. 16.

(1)Subject to this article, the amount

weekly supplement payable, other than to a qualified child, in respect

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)

Schedule D, less, (a) where the claimant is not in receipt

a supplement under Part III- (i) one sixth

the claimant's weekly means exclusive

any increase in any benefit or assistance payable under the Principal Act in respect

a qualified child (within the meaning

the Principal Act), in any case where the claimant is a spouse within the meaning

section 3

(10)

the Principal Act, (ii) one third

the claimant's weekly means exclusive

any increase in any benefit or assistance payable under the Principal Act in respect

a qualified child (within the meaning

the Principal Act), in any other case, or (b) where the claimant is in receipt

a supplement under Part III- (i) one sixth

the weekly amount

supplementary welfare allowance set out in column

(2)

Part 1

Schedule 4 to the Principal Act, increased by the amount set out in column

(3)

the said Part, in any case where the claimant is a spouse within the meaning

section 3

(10)

the Principal Act, (ii) one third

the weekly amount

supplementary welfare allowance set out in column

(2)

Part 1

Schedule 4 to the Principal Act, in any other case.

(2)In the case

a claim for a supplement under this Part in respect

a qualified child, the amount

the supplement payable in respect

a week shall be: (a) where that qualified child has been prescribed a diet which is specified in subparagraph (i)

article 15

(3), €7, (b) in the case

a diet specified in subparagraph (ii)

Article 15

(3), €10, (c) in the case

a diet specified in subparagraph (iii)

Article 15

(3), €13, and (d) in the case

a diet specified in subparagraph (iv)

Article 15(3), €16.50.

(3)Notwithstanding the provisions

these Regulations, in the case

a claimant who is in receipt

an allowance in respect

his or her special dietary needs from the Health Service Executive on the commencement

these Regulations, the provisions

this article shall not have the effect

reducing the rate

supplement payable under this Part below that to which he or she was previously entitled. Duration

supplement. 17. Subject to these Regulations, a supplement payable under this Part shall continue to be payable for so long as the claimant continues to satisfy the conditions set out in article 15.”, and

(2)by inserting the following Schedule after Schedule C (as substituted by article 4

the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No.1) Regulations 2005 ( S.I. No. 386

2005 )): “SCHEDULE D Article 16 Specified Diet

(1)Diet Cost
(2)Low-Lactose Milk Free €62.27 Gluten Free €65.27 High Protein €68.27 Altered Consistency (Liquidised) €71.77 ”. LS GIVEN under the

ficial Seal

the Minister for Social and Family Affairs this 29th day

March, 2006 SÉAMUS BRENNAN Minister for Social and Family Affairs The Minister for Finance hereby consents to the making

the foregoing regulations. LS GIVEN under the

ficial Seal

the Minister for Finance this 30th day

March, 2006. BRIAN COWEN Minister for Finance. EXPLANATORY NOTE (This note is not part

the instrument and does not purport to be a legal interpretation) These Regulations provide for revised rates

diet supplement under the Supplementary Welfare Allowance Scheme. The Regulations streamline the range

specified diets under the scheme and extend the scope

the scheme to certain qualified child dependants aged 18 or over and under 22 in full-time education. The Regulations shall come into operation for new claimants with effect from 3 April 2006. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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