What power does Section 4 of the Social Welfare Consolidation Act 2005 give the Minister?

Section 4 gives the Minister broad authority to make regulations (statutory instruments) for any purpose provided for in the Act. Regulations may apply universally or to specified classes of case, with or without conditions or exceptions, and may include any incidental or supplementary provisions the Minister considers necessary to give the Act practical effect.

Which regulations under Section 4 require the sanction or consent of other Ministers?

Many regulations covering benefit rates, qualification conditions, and means-testing rules require the formal sanction of the Minister for Public Expenditure and Reform. Regulations dealing with PRSI contribution classes, rates, and related matters under sections 13 to 25 require the consent of the Minister for Finance, who must first consult with the Minister for Public Expenditure and Reform.

What parliamentary procedures apply to regulations made under Section 4?

Particularly significant regulations — affecting insured contributor status, contribution rates, key benefit conditions, means-testing rules, and PPS number systems — must be laid in draft before both Houses of the Oireachtas and approved by resolution. All other regulations are laid after being made and can be annulled by either House within 21 sitting days.

Is there an exception to the draft-approval requirement for regulations under Section 4?

Yes. Where the Minister revokes regulations that normally require prior parliamentary approval and replaces them with new regulations certified as substantially the same, the draft approval process does not apply. The replacement regulations are simply laid before the Oireachtas after being made and are subject to annulment within 21 sitting days.

Social Welfare Consolidation Act 2005 section 4

Regulations

Section 4 sets out the Minister's power to make regulations under the Social Welfare Consolidation Act 2005, including the scope and flexibility of that power, the approvals required from other Ministers, and the parliamentary procedures that must be followed.

The Minister may make regulations for any purpose provided for in the Act, and may tailor them to apply to all cases, specified cases, or classes of case, with or without conditions or exceptions.
Regulations may include any incidental or supplementary provisions the Minister considers necessary, and different provisions may be made for different cases or for different purposes under the Act.
Certain regulations require the sanction of the Minister for Public Expenditure and Reform, and regulations relating to PRSI contributions and related matters require the consent of the Minister for Finance (after that Minister has consulted with the Minister for Public Expenditure and Reform).
More significant regulations — covering areas such as who counts as an insured contributor, contribution rates, qualification conditions for key benefits, means-testing rules, and the PPS number and public services card — must be laid in draft before both Houses of the Oireachtas and approved by resolution before they can take effect; all other regulations must be laid before the Oireachtas after being made and can be annulled by either House within 21 sitting days.

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