S.I. No. 369 of 2014

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (NO. 3) (DISCRIMINATION ON GROUNDS OF AGE) REGULATIONS 2014

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 8th August, 2014.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 (amended by section 96 of the Ministers and Secretaries (Amendment) Act 2011 (No. 10 of 2011)) and 359B(2) (inserted by section 18 of the Social Welfare and Pensions Act 2014 (No. 16 of 2014)) of 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 Claims, Payments and Control) (Amendment) (No. 3) (Discrimination on Grounds of Age) Regulations 2014.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2014 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2014.

Discrimination on grounds of age

2. The Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) are amended by inserting the following Part after Part 10:

"PART 10AEMPLOYMENT SCHEMES AND OTHER SCHEMES AND PROGRAMMES

Discrimination on grounds of age

255A.The Minister may, in accordance with section 359B, discriminate on the grounds of age in-

(a) providing, or arranging for and co-ordinating the provision of, a scheme, programme or assistance under section 359A(1)(a),

(b) assisting, whether financially or otherwise, in the provision of a scheme, programme or assistance referred to in section 359A(1)(a), or

(c) providing for any scheme or programme under section 359A(2),

in respect of persons who have attained the age of 18 years, but who have not attained the age of 25 years.".

GIVEN under my Official Seal,

5 August 2014.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

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

Section 18 of the Social Welfare and Pensions Act 2014 enables the Minister for Social Protection to discriminate on the grounds of age in respect of a prescribed class of persons in the provision of employment services and supports. Section 18 also provides that there must be objectively justifiable reasons for such age-based discrimination.

These Regulations prescribe persons between the ages of 18 and 25 years for these purposes.

The provisions contained in section 18 of the Social Welfare and Pensions Act 2014 and in these Regulations will facilitate the implementation of the Youth Guarantee, which was agreed by the European Council on 22 April 2013 to tackle the challenge of youth joblessness.