Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 3rd January, 2014.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by section 4 (amended by section 96 of the Ministers and Secretaries (Amendment) Act 2011 (No. 10 of 2011)) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), and by section 198 (amended by section 11 of the Social Welfare and Pensions Act 2013 (No. 38 of 2013)) of the Social Welfare Consolidation Act 2005 , with the consent of the Minister for Public Expenditure and Reform, 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. 5) (Rent and Mortgage Interest Supplement) Regulations 2013.

(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2013 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2013.

Commencement.

2. These Regulations come into operation on 1 January 2014.

Amount of supplement.

3. Article 12 (amended by article 6 of the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Rent Supplement) Regulations 2011 ( S.I. No. 729 of 2011 )) of the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 ( S.I. No. 412 of 2007 ) is amended-

(a) by substituting the following sub-articles for sub-article (1):

"(1) Subject to these Regulations, the amount of a supplement payable under Part 3 of these Regulations in respect of a week-

(a) to a claimant who is a single person, shall be determined by the following formula-

(N–A)–(M–R),

and

(b) to a claimant who is not a single person, shall be determined by the following formula-

(N–B)–(M–R),

where-

N is the claimant’s weekly needs, as provided for in section 196,

M is the claimant’s weekly means, as provided for in section 196,

R is the weekly amount of rent or mortgage interest, as the case may be, payable by the claimant,

A is €30, and

B is €40.

(1A) Where the weekly amount of a supplement determined in accordance with sub-article (1) is a negative amount, no supplement shall be paid.",

and

(b) by substituting the following sub-article for sub-article (4):

"(4) In the case of a person to whom article 6(7) of the Social Welfare (Supplementary Welfare Allowance) Regulations 1977 to 1994 applied on commencement of the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 ( S.I. No. 382 of 1995 ) sub-article (1) shall be construed-

(a) as if ‘€5.71’ were substituted for ‘€30’ in the amount represented by A in the formula in paragraph (a) of that sub-article, and

(b) as if ‘€5.71’ were substituted for ‘€40’ in the amount represented by B in the formula in paragraph (b) of that sub-article.".

The Minister for Public Expenditure and Reform consents to the foregoing Regulations.

GIVEN under my Official Seal,

18 December 2013.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

19 December 2013.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

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

These regulations provide for an increase in the minimum weekly contribution in the case of couples payable for the purposes of the Rent and Mortgage Interest Supplement schemes. The minimum contribution in the case of couples is being increased from €35 to €40. This new minimum contribution will take effect from 1 January 2014.