Supplementary Welfare

Table of Contents

SWCA 2005

Chapter 9

Supplementary Welfare Allowance (ss. 187-208)

187.

Interpretation.

In this Chapter –

“Act of 1939” means the Public Assistance Act 1939;

“qualified adult” means –
(a)in relation to the beneficiary –
(i)the spouse of the beneficiary who is being wholly or mainly maintained by the beneficiary,
(ii)the civil partner of the beneficiary who is being wholly or mainly maintained by the beneficiary, or
(iii)the cohabitant of the beneficiary who is being wholly or mainly maintained by the beneficiary,
where the spouse, civil partner or cohabitant concerned is resident in the State, or
(b)a person who has attained the age of 16 years, is resident in the State, is being wholly or mainly maintained by a beneficiary and has the care of one or more than one qualified child who normally resides with the beneficiary, where the beneficiary is –
(i)a single person,
(ii)a widow,
(iii)a widower,
(iv)a married person who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, his or her spouse,
(v)a surviving civil partner, or
(vi)a civil partner who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, his or her civil partner;

“home assistance” means home assistance within the meaning of the Act of 1939;

“institution” means –
(a)a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary to such hospital or home,
(b)any premises providing residence, maintenance or care for the persons therein,
(c)a prison or place of detention, or
(d)a prescribed institution;

“mortgage interest” means the proportion of any amount payable by a person to a mortgage lender which is for the time being attributable to interest payable under an agreement entered into by that person with the mortgage lender for the purpose of defraying money employed in the purchase, repair or essential improvement of the sole or main residence of that person or to pay off another loan used for that purpose but does not include –
(a)interest payable in relation to such agreement by virtue of a delay or default in making a repayment under that agreement, or
(b)the aggregate of –
(i)any relief for interest due to the person under section 244 (as amended by section 3 of the Finance Act 2009) of the Act of 1997, and
(ii)any mortgage allowance or mortgage subsidy attributable to interest which may be payable by a local authority on behalf of the person under the Housing Acts 1966 to 2009;

“mortgage lender” has the meaning given to it by section 2(1) (as amended by section 2 of, and Schedule 3 to, the Central Bank and Financial Services Authority of Ireland Act 2004) of the Consumer Credit Act 1995;

“public assistance authority” means a former public assistance authority referred to in section 8 of the Act of 1939 as extended by section 7 of the Health Authorities Act 1960 and section 84 of the Health Act 1970;

“social housing support” has the meaning given to it by section 19 of the Housing (Miscellaneous Provisions) Act 2009;

“supplementary welfare allowance” means an allowance in cash or in kind granted under this Chapter.

188.

Definition of qualified child.

(1)In this Chapter “qualified child” means, in relation to a beneficiary, any child who is ordinarily resident in the State, not being a qualified adult, who is dependent on that beneficiary for support and –
(a)in the case of a beneficiary (other than a beneficiary referred to in paragraph (b)), is under the age of 18 years or is of or over the age of 18 years and is regarded as attending a course of study referred to in section 148(3)(a), or
(b)in the case of a beneficiary who has been in receipt of supplementary welfare allowance for not less than 26 weeks or, subject to the conditions and in the circumstances that may be prescribed, has been entitled to or has been in receipt of supplementary welfare allowance and a relevant payment for not less than 156 days –
(i)is under the age of 18 years, or
(ii)is of or over the age of 18 years and under the age of 22 years and is receiving full-time education, the circumstances of which shall be specified in regulations, or
(iii)is of or over the age of 18 years and is regarded as attending a course of study referred to in section 148(3)(a).

(2)

(a)Subject to paragraph (b) and notwithstanding subsection (1) (a), a person who attains the age of 18 years while attending a full-time day course of study, instruction or training at an institution of education, shall continue to be regarded as a qualified child for the purposes of subsection (1) (a) until the earlier of the next following 30 June or until he or she completes the full-time day course.

(b)For the purposes of paragraph (a), the Minister may prescribe the conditions subject to which a person shall be regarded as attending a full-time day course of study, instruction or training at an institution of education.

(c)In this subsection “institution of education” has the meaning given to it by section 148(2).

189.

Entitlement to supplementary welfare allowance.

Subject to this Act, every person in the State whose means are insufficient to meet his or her needs and the needs of any qualified adult or qualified child of the person shall be entitled to supplementary welfare allowance.

190.

Exclusion of persons receiving full-time education.

(1)A person shall not be entitled to receive supplementary welfare allowance while attending a course of study within the meaning of section 148, other than in the circumstances and subject to the conditions that may be prescribed.

(2)Subsection (1) is without prejudice to the entitlement of any person to receive supplementary welfare allowance in respect of a person referred to in that subsection who is a qualified adult or qualified child.

(3)Notwithstanding subsection (1), supplementary welfare allowance may, in a case in which there are exceptional circumstances, be granted to a person who would be entitled to receive supplementary welfare allowance but for that subsection.

191.

Exclusion of persons in full-time employment.

(1)Subject to subsections (2) and (3), a person shall not, other than in the circumstances and subject to the conditions that may be prescribed, be entitled to supplementary welfare allowance in relation to any period during which he or she is engaged in remunerative full-time work.

(2)The Minister may by regulations provide for the postponement of the operation of subsection (1) in respect of any class of persons becoming engaged in remunerative full-time work until such period after the beginning of the engagement as may be specified in the regulations.

(3)Subsection (1) shall not apply in the case of any person engaged in remunerative full-time work where the earning power of the person is, by reason of any physical or mental disability, substantially reduced in comparison with the earning power of other persons engaged in similar work.

192.

Exclusion of persons not habitually resident in the State.

A person shall not be entitled to an allowance (other than an allowance under sections 201 and 202) under this Chapter unless he or she is habitually resident in the State.

193.

Persons affected by trade disputes.

(1)In any case where, by reason of a stoppage of work due to a trade dispute at his or her place of employment, a person is without employment for any period during which the stoppage continues, and the person has not, during that stoppage, become bona fide employed elsewhere in the occupation which he or she usually follows, or has not become regularly engaged in some other occupation, the person’s needs for that period shall be disregarded for the purpose of ascertaining his or her entitlement to supplementary welfare allowance except in so far as those needs include the need to provide for a qualified adult or any qualified children.

(2)Subsection (1) shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

(3)In this section “place of employment”, in relation to any person, means the factory, workshop, farm or other premises or place at which he or she was employed, but, where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments, for the purposes of this section, is deemed to be a separate factory or workshop or farm or separate premises or a separate place, as the case may be.

194. Administration.
Repealed from 1 October 2011
(1)Subject to the general direction and control of the Minister, the Executive, in respect of its functional areas, shall be responsible for the administration of functions performable under this Chapter and the functions relating to supplementary welfare allowance other than –

(a)functions relating to claims for supplementary welfare allowance decided by a deciding officer, and

(b)making the categories of payment that may be prescribed in the circumstances and conditions that may be prescribed.

(2)Any categories of payment prescribed under subsection (1) shall be made by the Minister and regulations made under that subsection may apply to the whole State or to a functional area of the Executive or to a part of a functional area of the Executive and may relate to supplementary welfare allowance generally or to supplementary welfare allowance payable by virtue of specific provisions in this Chapter.

(3)Subject to subsection (1), the Executive shall grant to every person in its functional areas who is eligible therefor the supplementary welfare allowance determined, in accordance with this Chapter, to be due to that person.

195.

Conditions for grant of supplementary welfare allowance.

A designated person or deciding officer may, subject to regulations made by the Minister, determine or decide that a person shall not be entitled to supplementary welfare allowance unless the person –

(a)is registered for employment in the manner that the Minister may prescribe,

(b)satisfies the conditions set out in section 141 (1) (b) and (4), and

(c)makes application for any statutory or other benefits or assistance to which the person may be entitled including any benefits or assistance from countries other than the State.

195A.

Refusal or failure to attend activation meetings relating to supplementary welfare allowance.

(1)Notice may be given by or on behalf of the Minister to any person receiving supplementary welfare allowance requesting the person, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3).

(2)Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (1) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of supplementary welfare allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in subsection (1A) or, as the case may be, (2A) of section 197.

(3)A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person –

(a)attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or

(b)attend for or submit to an assessment of that person’s education, training or development needs.

(4)Where supplementary welfare allowance is paid to a person at the weekly rate set out in subsection (1A) or, as the case may be, (2A) of section 197 on account of a refusal or failure to comply with the requirement specified in the notice under subsection (1) for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement.

(5)Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (4) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, that person may, subject to subsection (6), be disqualified for receiving the weekly amount of supplementary welfare allowance as provided for in sections 196 and 197 for any period of continued refusal or failure commencing on the date specified in the notice under subsection (4), but such period of disqualification shall, subject to subsection (7), not exceed 9 weeks.

(6)Where the weekly amount of supplementary welfare allowance payable to a person to whom subsection (5) applies includes an increase in respect of –

(a)a qualified adult in accordance with section 197(1) (a), or

(b)a qualified child in accordance with section 197(1) (b),

the disqualification provided for in subsection (5) shall not apply in respect of the receipt of such increase of supplementary welfare allowance.

(7)Nothing in this section shall prevent the provisions of subsections (1) to (6) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (5) –

(a)notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (1), and

(b)that person continues, without good cause, to refuse or fail to comply with that requirement.

(8)Where, on the commencement of section 14 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, supplementary welfare allowance is being paid to a person at the weekly rate set out in subsection (1A) or, as the case may be, (2A) of section 197 for a period of not less than 21 days –

(a)a notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3), and

(b)subsections (4) to (7) shall apply to that person where he or she refuses or fails, without good cause, to comply with that requirement at or after the time specified in the notice under paragraph (a), or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person.

195B.

Refusal or failure to participate in prescribed schemes, programmes or courses relating to supplementary welfare allowance.

(1)Where –

(a)as a consequence of attendance for or submission to an assessment in accordance with section 195A(3) (b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in –

(i)any scheme or programme of employment or work experience, or

(ii)a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and

(b)that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be,

the weekly rate of supplementary welfare allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in subsection (1A) or, as the case may be, (2A) of section 197.

(2)Where supplementary welfare allowance is paid to a person at the weekly rate set out in subsection (1A) or, as the case may be, (2A) of section 197 on account of a refusal or failure referred to in subsection (1) –

(a)notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or

(b)a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in –

(i)any scheme or programme of employment or work experience, or

(ii)a course of education, training or development,

(3)Where a person refuses or fails, without good cause, to –

(a)comply with the requirement specified in the notice under subsection (2) (a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(b)participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2) (b),

that person may, subject to subsection (4), be disqualified for receiving the weekly amount of supplementary welfare allowance as provided for in sections 196 and 197 for any period of such refusal or failure commencing on –

(i)the date specified in the notice under subsection (2) (a), or

(ii)the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2) (b),

as the case may be, but such period of disqualification shall, subject to subsection (5), not exceed 9 weeks.

(4)Where the weekly amount of supplementary welfare allowance payable to a person to whom subsection (3) applies includes an increase in respect of –

(a)a qualified adult in accordance with section 197(1) (a), or

(b)a qualified child in accordance with section 197(1) (b),

the disqualification provided for in subsection (3) shall not apply in respect of the receipt of such increase of supplementary welfare allowance.

(5)Nothing in this section shall prevent the provisions of subsections (1) to (4) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (3) –

(a)notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (2) (a), or

(b)a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2) (b),

as the case may be, and that person continues, without good cause, to refuse or fail to –

(i)comply with the requirement specified in the notice under paragraph (a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(ii)participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in paragraph (b).

195C.

Giving of notice under section 195A or 195B.

A notice under section 195A or 195B shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.

196.

Calculation of supplementary welfare allowance.

(1)Subject to sections 195A, 195B, 341(7) and 341(7C), the amount of supplementary welfare allowance to which a person is entitled shall be the amount by which the person’s means fall short of his or her needs, and for the purpose of ascertaining that amount –

(a)the weekly needs of a person shall, subject to any payment under section 198, be taken to be –

(i)in the case of a person who has no means, the amount calculated in accordance with section 197, or

(ii)in the case of a person who has means, the amount calculated in accordance with section 197 which would be appropriate in the person’s case if he or she had no means, reduced by €1 per week for every €1 of his or her weekly means,

and

(b)subject to paragraph (c), the weekly means of any person for the purpose of ascertaining his or her entitlement to supplementary welfare allowance shall be calculated in accordance with the Rules contained in Part 4 of Schedule 3.

(2)In calculating the amount of supplementary welfare allowance payable to any person, the following apply:

(a)where –

(i)both spouses of a married couple,

(ii)both civil partners of a civil partnership, or

(iii)both cohabitants,

are members of the same household, their needs and means shall be aggregated and shall be regarded as the needs and means of the claimant;

(b)in the case of a person with a qualified child his or her needs shall be taken to include the needs of that qualified child;

(c)where the needs of any person are taken into account in determining the entitlement of any other person to supplementary welfare allowance, only that other person shall be entitled to an allowance.

197.

Weekly amounts of supplementary welfare allowance for persons of no means.

(1)In the case of a person who has no means as determined by this Chapter and subject to a payment under section 198, the weekly amount of supplementary welfare allowance payable shall be as set out in column (2) at reference 10(a) of Part 1 of Schedule 4 (as inserted by section 11 (b) of the Social Welfare and Pensions Act 2009), increased by –

(a)the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has a qualified adult subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this paragraph in respect of more than one person, and

(b)the appropriate amount set out –

(i)in column (4) of that Part in respect of each qualified child who has not attained the age of 12 years, and

(ii)in column (5) of that Part in respect of each qualified child who has attained the age of 12 years.

(1A)Subject to this Act and notwithstanding subsection (1), in the case of a person to whom subsection (2) or (7) of section 195A or subsection (1) or (5) of section 195B refers, the weekly amount of supplementary welfare allowance shall be reduced and accordingly shall be the weekly amount of supplementary welfare allowance as set out in column (2) at reference 10(a) of Part 1 of Schedule 4 which shall be reduced in each week by €42, increased by –

(a)the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this paragraph in respect of more than one person, and

(b)the appropriate amount set out –

(i)in column (4) of that Part in respect of each qualified child who has not attained the age of 12 years, and

(ii)in column (5) of that Part in respect of each qualified child who has attained the age of 12 years.

(2)Notwithstanding subsection (1), in the case of a person who has not attained the age of 25 years who has no means as determined by this Chapter and who is not entitled to an increase in respect of a qualified child, subject to any payment under section 198, the weekly amount of supplementary welfare allowance payable shall be as set out in column (2) at reference 10(b) of Part 1 of Schedule 4 (as inserted by section 11 (b) of the Social Welfare and Pensions Act 2009), increased by the amount set out in column (3) of that Part for any period during which the beneficiary has a qualified adult subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.

(2A)Subject to this Act and notwithstanding subsection (2), in the case of a person to whom subsection (2) or (7) of section 195A or subsection (1) or (5) of section 195B refers, the weekly amount of supplementary welfare allowance shall be reduced and accordingly shall be the weekly amount of supplementary welfare allowance as set out in column (2) at reference 10(b) of Part 1 of Schedule 4 which shall be reduced in each week by €25, increased by the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.

(3)Subsection (2) shall not apply in the case of a claim for supplementary allowance where the claimant –

(a)has been in continuous receipt of the allowance from a date on or before 30 December 2009 and where, in the period prior to that date the claimant was not a person to whom subsection (2) applied,

(aa)has been in continuous receipt of the allowance from a date on or before 8 January 2014 and where, in the period prior to that date, the claimant was not a person to whom subsection (2) applied,

(ab)is in receipt, in his or her own right, of –

(i)rent supplement payable in accordance with section 198(3),

(ii)housing assistance in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014, or

(iii)social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009, or

(b)has attained the age of 18 years and has not attained the age of 25 years and at any time during the period of 12 months before he or she has so attained the age of 18 years –

(i)he or she was in or was placed in the care of the Executive pursuant to an order of the High Court, or

(ii)he or she was in or was placed in the care of the Executive –

(I)pursuant to an order of the District Court or the Circuit Court on appeal from the District Court made under Part III, IV, IVA, (inserted by section 16 of the Children Act 2001) or VI of the Child Care Act 1991,

(II)under a voluntary care arrangement pursuant to section 4 of the Child Care Act 1991, or

(III)under an accommodation arrangement pursuant to section 5 of the Child Care Act 1991.

(4)[deleted]

(4A)[deleted]

(5)[deleted]

(6)[deleted]

198.

Weekly or monthly supplements.

(1)Subject to this Chapter, in the case of a person whose means are insufficient to meet his or her needs, regulations may provide for a weekly or monthly payment to supplement that person’s income.

(1A)Notwithstanding section 196(1)(a), in determining entitlement to a supplement in accordance with this section, where the person has not attained the age of 25 years and is not in receipt of a payment under section 142A or 197(2), the weekly needs of that person shall be taken to be –

(a)in the case of a person who has no means, the amount calculated in accordance with section 197(1), or

(b)in the case of a person who has means, the amount calculated in accordance with section 197(1) which would be appropriate if that person had no means, reduced by €1 per week for every €1 of his or her weekly means.

(2)Regulations under subsection (1) may prescribe the class or classes of persons to whom and the conditions and circumstances under which a payment under subsection (1) may be made and, subject to subsection (3E), the amount of such a payment (either generally or in relation to a particular class or classes of persons).

(3)Without prejudice to the generality of subsection (1) and subject to subsections (3B), (3D), (3E), (4), (4A) and (4B) and section 198A, regulations under subsection (1) may provide for the payment of a supplement towards the amount of rent payable by a person in respect of his or her residence.

(3A)Notwithstanding section 191(1), the payment of a supplement towards the amount of rent payable by a person in respect of his or her residence may continue to be made where the person –

(a)engages in remunerative full-time employment and, during the 12 month period immediately before his or her engagement in remunerative full-time employment, the person was not regarded, for the purposes of this Chapter, as being engaged in remunerative full-time employment, or

(b)is participating in –

(i)a scheme provided by the Minister and known as Community Employment, or

(ii)a scheme administered by the Minister and known as –

(I)Back to Work Enterprise Allowance (SelfEmployed),

(II)Back to Work Allowance (Employees), or

(III)Back to Work Short Term Enterprise Allowance,

(3B)Subject to subsection (3C), a payment referred to in subsection (3) shall not be payable in respect of a person’s residence where his or her residence is situated in an area notified to the Minister by the Minister for the Environment, Heritage and Local Government as being an area of regeneration for the purpose of providing for greater social integration.

(3C)Subject to the conditions and circumstances that may be prescribed, subsection (3B) shall not apply –

(a)to a person who is in receipt of rent supplement in respect of his or her residence immediately before the area in which his or her residence is situated is notified to the Minister as being an area of regeneration as referred to in subsection (3B),

(b)to a person who is living in an area notified to the Minister as being an area of regeneration as referred to in subsection (3B) and becomes entitled to a payment under subsection (3) where, on the making of an application for a supplement under subsection (3), a designated person is satisfied that the person –

(i)in so far as was reasonable in all the circumstances, had, at the commencement of the tenancy, an expectation that he or she would continue to be able to pay the amount of the rent, and

(ii)has experienced a substantial change in his or her circumstances such that he or she is unable to pay the amount of the rent.

(3D)A designated person may determine that a payment referred to in subsection (3) is not payable where a notification is received by the designated person from a housing authority (within the meaning of the Housing (Miscellaneous Provisions) Act 1992) regarding non-compliance with standards prescribed for the time being under section 18 of the Housing (Miscellaneous Provisions) Act 1992.

(3E)Without prejudice to the generality of subsections (1), (2) and (3), and subject to subsections (3A), (3B), (3D) and (4), where regulations under this section provide for the payment of a supplement towards the amount of rent payable by a person in respect of his or her residence, the regulations shall prescribe the maximum amount of rent in respect of which such supplement is payable having regard to the family circumstances of the person to whom such supplement is payable and the location of the residence of that person.

(3F)Subject to subsection (3FB), a person shall not be entitled to a payment referred to in subsection (3) unless, on the making of the application, a designated person is satisfied that the person is a bona fide tenant, and has been –

(a)determined to be qualified for social housing support by a housing authority under a social housing assessment pursuant to section 20 of the Housing (Miscellaneous Provisions) Act 2009,

(b)residing, for the period that is prescribed, in rented accommodation in respect of which –

(i)there was at the commencement of the tenancy, an expectation that, in so far as was reasonable in all the circumstances, the person could pay the rent into the future, and

(ii)the person was in a position to pay the rent at the commencement of the tenancy,

and subsequent to the commencement of the tenancy the person has experienced a substantial change in his or her circumstances and is unable to pay the rent and such change in circumstances has not been caused by that person,

(c)residing, for the period that is prescribed, in accommodation for homeless persons as provided under section 10 of the Housing Act 1988, or

(d)residing, for the period that is prescribed, in an institution.

(3FA)Subject to subsection (3FB), a person shall not be entitled to a payment referred to in subsection (3) unless, and subject to subsection (3H), on the making of the application, a designated person is satisfied that the person is a bona fide tenant, and –

(a)subject to subsection (3G) where applicable, was in receipt of a payment referred to in subsection (3) in respect of another tenancy immediately before the making of the application or was in receipt of the payment within a specified period as prescribed,

(b)has been residing, for the period that is prescribed, in rented accommodation in respect of which –

(i)there was at the commencement of the tenancy, an expectation that, in so far as was reasonable in all the circumstances, the person could pay the rent into the future, and

(ii)the person was in a position to pay the rent at the commencement of the tenancy,

(c)has been residing, for the period that is prescribed –

(i)in accommodation for homeless persons as provided under section 10 of the Housing Act 1988, or

(ii)in an institution,

except where the household of which the person is a member is determined to be qualified for social housing support by a housing authority under a social housing assessment pursuant to section 20 of the Housing (Miscellaneous Provisions) Act 2009.

(3FB)

(a)Subsection (3F) shall apply, where appropriate, except in respect of a case to which paragraph (b) relates.

(b)Subsection (3FA) shall apply to a person where –

(i)regulations made under section 50 of the Housing (Miscellaneous Provisions) Act 2014 provide that a specified housing authority shall apply Part 4 of that Act in respect of a specified class of household, and

(ii)he or she is a member of a household within such a class of household and the specified authority is the housing authority for the household for the purposes of Part 4 of that Act.

(3G)

(a)

(i)A person in receipt of a payment under subsection (3) in respect of a continuous period that is not shorter than a prescribed period shall –

(I)on being requested to do so in writing by a designated person, apply to the housing authority concerned for social housing support for his or her household and, as a consequence, for a social housing assessment to be carried out under section 20 of the Housing (Miscellaneous Provisions) Act 2009, and

(II)subject to subparagraph (ii), within 6 weeks of that request by a designated person, provide to the designated person confirmation that the household has forwarded a duly completed application form for social housing support to that authority for the purpose of a social housing assessment being so carried out.

(ii)The designated person may, where he or she is satisfied that an extension of time is justified in a particular case, extend the period referred to in subparagraph (i)(II) for a further period that shall not, in any case, exceed 6 weeks.

(iii)Where a person to whom subparagraph (i) applies fails to duly provide the confirmation in accordance with subparagraph (i)(II) or with that subparagraph and subparagraph (ii), then he or she shall cease to be entitled to a payment under subsection (3) when the period referred to in subparagraph (i)(II) or subparagraph (ii), as the case may be, has expired.

(b)A person in receipt of a payment under subsection (3) shall cease to be entitled to such a payment where a housing authority notifies the Minister that the household of which the person is a member has failed to duly supply to the authority additional information that the authority requested for the purposes of verifying information, for the purposes of a social housing assessment under section 20 of the Housing (Miscellaneous Provisions) Act 2009, that relates to the household’s application for social housing support.

(3H)A person in receipt of a payment under subsection (3) shall cease to be entitled to such a payment where a housing authority determines that the household of which the person is a member is qualified for social housing support and the authority notifies the Minister that –

(a)social housing support is being provided to that household,

(b)housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014 is an appropriate form of support for that household and the household has done or failed to do anything in consequence of which the household has not taken up that form of social housing support, or

(c)by virtue of the operation of section 20(5B) of the Housing (Miscellaneous Provisions) Act 2009, the household is ineligible for social housing support for a period prescribed under that enactment.

(4)

(a)A person shall not be entitled to a payment referred to in subsection (3) where –

(i)the person is not lawfully in the State,

(ii)the person has made an application to the Minister for Justice, Equality and Law Reform for a declaration under section 8 (1) (a) or (c) of the Refugee Act 1996, other than a person –

(I)in respect of whom a declaration within the meaning of section 17 of the Refugee Act 1996 is in force,

(II)who is entitled under section 18 of the Refugee Act 1996 to enter and reside in the State,

(III)who is entitled under section 24 of the Refugee Act 1996 to enter and remain in the State, or

(IV)who has the permission of the Minister for Justice, Equality and Law Reform to remain in the State under the Aliens Act 1935 or the Immigration Act 2004,

(iii)during any period that person, or his or her spouse, civil partner or cohabitant, is engaged in remunerative full-time work.

(b)This subsection does not apply to persons who were in receipt of a payment referred to in subsection (3) before the coming into operation of this subsection.

(4A)Subject to subsection (4B), the payment, referred to in subsection (3), of a supplement towards the amount of rent payable by a person in respect of his or her residence shall not be made where, in respect of each tenancy for which a supplement is payable –

(a)the landlord of such residence has not provided a designated person with his or her tax reference number in the prescribed form, or

(b)the landlord of such residence does not have a tax reference number and has not provided a designated person with a notification, in the prescribed form, to that effect and the reasons for which he or she does not have a tax reference number.

(4B)Notwithstanding subsection (4A), where an application for the payment of a supplement towards the amount of rent is made on or after 1 January 2011 and the information specified in that subsection has not been provided by a landlord, a designated person-

(a)may, for the purpose of the avoidance of undue hardship, pay the supplement referred to in subsection (4A) where it is satisfied that, having regard to all the circumstances of the person concerned, the payment is appropriate, and

(b)shall, where that payment is made, send a notification in writing to the landlord of the residence in respect of which the supplement was paid –

(i)requesting the landlord to provide a designated person, in the prescribed form, on or before a date (in this section referred to as the ‘information date’) specified in the notification, with –

(I)his or her tax reference number, or

(II)where the landlord does not have a tax reference number, a statement in writing to that effect and the reasons for which he or she does not have a tax reference number,

and

(ii)stating that –

(I)the payment of a supplement under this section shall cease on a specified date (in this section referred to as the ‘cessation date’) unless the information is provided on or before the information date, and

(II)where rent supplement has been paid in respect of the residence, failure to provide the information is an offence.

(4C)Where a notification referred to in subsection (4B) (b) or section 198A(2) is to be sent to a landlord it shall be addressed to the person concerned by name and may be sent or given –

(a)by delivering it to the person,

(b)by leaving it at the address at which the person ordinarily resided or, in a case where an address for service has been furnished, at that address, or

(c)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case where an address for service has been furnished, to that address.

(4D)In this section, sections 198A and 198B –

“landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent payable under a tenancy in respect of a residence, referred to in subsection (3), in respect of which a supplement, referred to in that subsection, is paid;

“tax reference number” has the same meaning as it has in subsection (3) (inserted by section 123 of the Finance Act 2007) of section 888 of the Act of 1997;

“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and includes a sub-tenancy.

(5)Subject to subsections (10) and (11) and without prejudice to the generality of subsection (1) and subject to subsection (6), regulations under subsection (1) may provide for the payment of a supplement towards the amount of mortgage interest payable by a person.

(5A)Without prejudice to subsections (2) and (5), regulations under subsection (1) may prescribe the conditions and circumstances under which, and the periods for which, the supplement referred to in subsection (5), is payable.

(5AA)A person shall not be entitled to the supplement referred to in subsection (5) unless, at the time of making an application for that supplement, a designated person is satisfied that the person making the application has engaged with his or her mortgage lender in order to meet his or her mortgage repayment obligations, and

(a)has, arising from such engagement, entered into and, where required, is complying with an alternative repayment arrangement agreed between that person and his or her mortgage lender in respect of his or her mortgage repayment obligations for a period of not less than 12 months, or

(b)has –

(i)arising from such engagement, entered into and, where required, is complying with an alternative repayment arrangement agreed between that person and his or her mortgage lender in respect of his or her mortgage repayment obligations for a period of less than 12 months in respect of that alternative repayment arrangement, and

(ii)prior to entering into the alternative repayment arrangement referred to in subparagraph (i) the person had entered into and had complied with a different alternative repayment arrangement agreed between that person and his or her mortgage lender in respect of his or her mortgage repayment obligations,

and the total number of months in respect of which that person has complied with the alternative repayment arrangements referred to in subparagraphs (i) and (ii) is a period of not less than 12 months.

(5AB)Subsection (5AA) shall apply to a person who makes an application for the supplement referred to in subsection (5) on or after the day on which section 12 of the Social Welfare and Pensions Act 2012 comes into operation.

(5AC)In subsection (5AA) –

“alternative repayment arrangement” means any arrangement entered into by an applicant for the supplement referred to in subsection (5) with his or her mortgage lender –

(a)in respect of his or her mortgage that incorporates a change in any terms or conditions of the mortgage that applied when the mortgage took effect, and

(b)for the purpose of assisting that person to resolve any difficulties he or she may have in meeting his or her mortgage repayment obligations,

and, without prejudice to the generality of the foregoing, includes any practice, referred to in a code of practice drawn up under section 117 of the Central Bank Act 1989, that is specified for the purpose of resolving any difficulties with meeting mortgage repayment obligations.

(5B)The amount of a supplement payable in accordance with subsection (5) shall be limited to the amount and duration determined by a designated person to be appropriate, having regard to the family circumstances of the person concerned and subject to the conditions and circumstances and the period for which the supplement is payable, as may be prescribed.

(6)A person shall not be entitled to a supplement referred to in subsection (5), during any period, where that person or his or her spouse, civil partner or cohabitant, is engaged in remunerative full-time work.

(7)As respects the supplement payable to a person under subsection (3) or any regulations made thereunder, the amount of the supplement payable on or after 1 June 2009 shall be calculated by –

(a)deducting the sum of €6 from the amount of that supplement that would be payable per week on 31 May 2009 to the person if they were being paid on a weekly basis (whether or not they were being so paid),

(b)multiplying the sum achieved by making the calculation referred to in paragraph (a) by 8 per cent subject to the total amount being rounded up to the nearest €1 where it is a multiple of 50 cent but not also a multiple of €1 and being rounded to the nearest €1 where it is not a multiple of 50 cent or €1,

(c)deducting the sum achieved by making the calculation referred to at paragraph (b) from the sum achieved by making the calculation referred to at paragraph (a).

(8)As respects the supplement payable to a person under subsection (5) or any regulations made thereunder, the amount of the supplement payable on or after 1 June 2009 shall be calculated by deducting the sum of €6 from the amount of that supplement that would be payable per week on 31 May 2009 to the person if they were being paid on a weekly basis (whether or not they were being so paid).

(9)Subsection (7) or (8) shall not apply to a determination or a revised determination of a designated person in relation to payment of supplement under subsection (3) or (5) or regulations made under either of them, as the case may be, on or after 1 June 2009.

(10)The supplement referred to in subsection (5), payable towards the amount of mortgage interest payable by a person shall not be paid to any person on or after 1 January 2018.

(11)An application for the supplement referred to in subsection (5) shall not be made on or after 1 January 2014.

198A.

Payment of rent supplement in certain circumstances.

(1)Notwithstanding section 198(4A), where a supplement towards the amount of rent payable by a person in respect of his or her residence is paid immediately before 1 January 2011 and continues to be paid immediately after 1 January 2011 in respect of that residence under the same tenancy and the information specified in subsection (2) has not been provided by a landlord, a designated person may, in accordance with this Act, continue to pay the supplement for that residence under the same tenancy –

(a)for a period commencing on 1 January 2011 and ending on the cessation date specified in a request under subsection (2), and

(b)where a designated person, having regard to all the circumstances of the person, is satisfied that the payment is appropriate for the purpose of avoiding undue hardship, for a period commencing on the cessation date and ending not later than 31 March 2012.

(2)For the purposes of subsection (1), a designated person shall send a notification in writing to the landlord of a residence referred to in that subsection in respect of which a supplement was paid –

(a)requesting the landlord to provide a designated person, in the prescribed form, on or before a date (in this section referred to as the ‘information date’) specified in the notification, with –

(i)his or her tax reference number, or

(ii)where the landlord does not have a tax reference number, a statement in writing to that effect and the reasons for which he or she does not have a tax reference number, and

(b)stating that –

(i)the payment of a supplement under this section shall cease on a specified date (in this section referred to as the ‘cessation date’) unless the information is provided on or before the information date, and

(ii)where rent supplement has been paid in respect of the residence, failure to provide the information is an offence.

(3)Where –

(a)rent supplement has been paid in respect of a residence referred to in subsection (1),

(b)a designated person has, in accordance with subsection (2), sent a notification in writing to a landlord referred to in that subsection, and

(c)the landlord has, following that notification, failed to provide the tax reference number referred to in subsection (2) (a) (i) or the statement referred to in subsection (2) (a) (ii), by the information date referred to in that notification,

he or she shall be guilty of an offence.

198B. Offence for failing to provide certain information following payment of rent supplement under section 198.
Where –

(a)rent supplement has been paid in respect of a residence referred to in section 198(4B),

(b)a designated person has, in accordance with section 198(4B), sent a notification in writing to a landlord referred to in that section, and

(c)the landlord has, following that notification, failed to provide the tax reference number referred to in section 198(4B) (b) (i) (I) or the statement referred to in section 198(4B) (b) (i) (II), by the information date referred to in that notification,

he or she shall be guilty of an offence.

198C. Determination of claims for rent supplement under section 198.
(1)A designated person may, for the purposes of determining entitlement to the payment of a supplement referred to in section 198(3) towards the amount of rent payable by a person in respect of his or her residence, request the landlord of such residence to provide, within the prescribed period, to the designated person –

(a)a statement in writing –

(i)confirming that the person in respect of whom that supplement has been, or is to be, paid is a person from whom the landlord is, under a tenancy, entitled to receive rent in respect of the residence of that person,

(ii)as to whether the landlord is receiving rent solely from the person referred to in subparagraph (i) or from any other person under that tenancy in respect of that residence,

(iii)specifying the period of the tenancy of the person referred to in subparagraph (i), and

(iv)confirming that the person referred to in subparagraph (i) has resided, and, where appropriate, continues to reside, at that residence for the period for which that supplement has been, or is to be, paid,

and

(b)such other information, in writing, relating to the tenancy of the person referred to in paragraph (a) (i) as the designated person may require for the purposes of determining entitlement to that supplement.

(2)Where a request is to be made to a landlord by a designated person under subsection (1), it shall be sent to the landlord in writing and addressed to the person concerned by name and may be sent or given –

(a)by delivering it to the person,

(b)by leaving it at the address at which the person ordinarily resides or, in the case where an address for service has been furnished, at that address, or

(c)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address.

(3)In this section –

‘landlord’ means the person for the time being entitled to receive (including as an agent for another person) the rent payable under a tenancy in respect of a residence, referred to in section 198(3), in respect of which a supplement referred to in that section, is paid;

‘tenancy’ has the meaning assigned to it by section 198(4D).

(4)A landlord who fails to comply with a request made by a designated person within the prescribed period in accordance with this section shall be guilty of an offence.

199.

Disqualifications.

(1)For the purposes of this section –

“Act of 1997” means the Housing (Miscellaneous Provisions) Act 1997;

“rent” includes any periodic payment in the nature of rent made in return for a special possession of a dwelling or for the use, occupation or enjoyment of a dwelling.

(2)This section applies to a person who –

(a)has been required to deliver up possession of a dwelling provided by a housing authority or a body approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 and the reasons for that requirement include anti-social behaviour or the interests of good estate management, or

(b)is a person to whom an allocation of a dwelling has been refused or deferred under section 14 of the Act of 1997, or

(c)is a respondent to an excluding order, a site excluding order or an interim excluding order made under section 3, 3A or 4 of the Act of 1997, or

(d)is a person who has been directed to leave a house under section 20 of the Act of 1997.

(3)A designated person may determine that, notwithstanding anything contained in any enactment, a person to whom this section applies shall not be entitled to a payment to supplement the person’s income in respect of rent or mortgage interest, or may terminate or suspend the payment.

(4)Where a person to whom this section applies resides with another person who is in receipt of, or would but for this section be entitled to a supplement in respect of rent or mortgage interest, a designated person may, notwithstanding anything contained in any enactment, determine that the amount of the supplement payable shall be reduced by the amount that, in the opinion of the designated person, is reasonably attributable to the first mentioned person.

(5)In making a determination under subsection (3) or (4), a designated person shall have regard to any information provided by a housing authority or a specified person referred to in section 15 of the Act of 1997, in relation to a person to whom this section applies.

200.

Allowances in kind.

(1)Whenever it appears to a designated person or deciding officer that by reason of exceptional circumstances the needs of a person can best be met by the provision of goods or services instead of the whole or part of any payment to which he or she would otherwise be entitled under this Chapter, a designated person or deciding officer may determine or decide that the goods or services be provided for the person under arrangements made by a designated person.

(2)In making a determination under this section to meet sudden and urgent need, a designated person or deciding officer may dispense with inquiry into means or other circumstances and with compliance with any regulations made under this Chapter.

(3)In relation to any goods or services provided by a designated person or deciding officer under subsection (1), references in this Chapter to the amount of supplementary welfare allowance are deemed to be references to the value of the goods or services so provided.

201.

Power to make single payment for exceptional need.

A designated person or deciding officer may, in any case where the designated person or deciding officer considers it reasonable, having regard to all the circumstances of the case, so to do, determine or decide that supplementary welfare allowance shall be paid to a person by way of a single payment to meet an exceptional need which is not necessarily unforeseen.

202.

Grant of supplementary welfare allowance in cases of urgency.

(1)Nothing in section 190, 191, 193 or 198 shall prevent the payment of supplementary welfare allowance in an urgent case and, in determining or deciding whether an allowance is payable by virtue of this section and the amount or nature of the allowance, a designated person or deciding officer shall not be bound by anything contained in sections 195 to 198 and Part 4 of Schedule 3 or in any regulations made under this Chapter which appears to the designated person or deciding officer inappropriate in the circumstances of the case.

(2)Where under subsection (1) supplementary welfare allowance is paid to a person who is engaged in remunerative full-time work, a designated person or deciding officer may, where the designated person or deciding officer is satisfied that in all the circumstances of the case it would be equitable so to do, determine or decide that the whole or part of the allowance so paid shall be recoverable from the person to whom it is paid.

203. Supplementary welfare allowance granted to persons in receipt of certain Health Service Executive payments.
Deleted from 28 June 2013
Where –

(a)in respect of any period a designated person or deciding officer has granted supplementary welfare allowance to or in respect of a person and infectious diseases maintenance allowance, including any increase thereof, subsequently becomes payable to or in respect of that person in respect of the period (or part of that period) for which supplementary welfare allowance was paid, and

(b)the supplementary welfare allowance is in excess of the amount which would have been granted to or in respect of the person if the infectious diseases maintenance allowance, including any increase thereof, had been paid during that period,

the excess supplementary welfare allowance shall be treated as payment on account of that allowance.

204.

Recoupment of supplementary welfare allowance.

Where –

(a)in respect of any period a designated person or deciding officer has granted supplementary welfare allowance to or in respect of a person who, though entitled to any other benefit, pension, assistance, allowance or supplement under this Act (in this section referred to as “relevant payment”), is not in receipt of a relevant payment, and

(b)the supplementary welfare allowance is in excess of the amount which would have been granted to that person if he or she had been in receipt of a relevant payment, and

(c)the designated person or deciding officer has certified to the Minister the amount (in this section referred to as “the excess”) so paid in excess in respect of that period,

the Minister may reduce any such relevant payment which is or may become payable to the person during the relevant continuous period of entitlement to that relevant payment by the amount of the excess and the amount shall be treated as having been paid on account of the relevant payment.

205.

Recoupment of supplementary welfare allowance (continued).

Where –

(a)in respect of any period that a designated person or deciding officer has granted supplementary welfare allowance to or in respect of a person who, though entitled under the legislation of a Member State (other than the State) or the United Kingdom to a social security payment (in this section referred to as “the relevant payment”), is not in receipt of such payment, and

(b)the supplementary welfare allowance is in excess of the amount which would have been granted to that person if he or she had been in receipt of the relevant payment, and

(c)the designated person or deciding officer has certified to the competent institution of the relevant Member State or the United Kingdom the amount of supplementary welfare allowance in excess of which the person would have been entitled (in this section referred to as “the excess”) in respect of that period,

the designated person or deciding officer may request that competent institution to deduct the amount of the excess from the relevant payment.

206.

Arrangements for burials.

(1)A designated person may make arrangements for and provide assistance towards the burial of a person, where that person has –

(a)died in the State and suitable arrangements have not otherwise been made for the burial of that person, or

(b)

(i)drowned and whose body has been cast ashore, or

(ii)otherwise perished and been found dead,

in the State and whose body has not been claimed for burial.

(2)A designated person may, in any case in which he or she considers it appropriate, bring into and make arrangements for the burial in the State of the body of a person eligible for supplementary welfare allowance who has died outside the State.

(3)A designated person may defray all expenses necessarily incurred in the burial of the body of a deceased person under this section.

(4)A designated person may seek repayment of expenses incurred under this section in the burial of the body of a deceased person –

(a)from the estate of the deceased person, or

(b)from any person who was liable to maintain the deceased person immediately before his or her death.

207. Financing of Health Service Executive expenditure on supplementary welfare allowance.
Repealed from 1 October 2011
The Minister shall, out of moneys provided by the Oireachtas, make grants to the Executive to defray the expenditure on supplementary welfare allowance and costs of administration of that allowance.

208. Transfer of certain property.
(1)Subject to subsection (4), all property transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act 1975 to a health board and which immediately before 1 July 1977 was standing in the book of any bank or was registered in the books of any bank, corporation or company in the name of a public assistance authority shall, on the request of the Executive, be transferred in the books by the bank, corporation or company into the name of the Executive.

(2)Subject to subsection (4), every chose-in-action transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act 1975 to a health board may be sued on, recovered or enforced by the Executive in its own name and it shall not be necessary for the Executive to give notice to the person bound by the chose-in-action of the transfer effected by that section.

(3)Subject to subsection (4), every bond, guarantee or other security of a continuing character made or given by a public assistance authority in pursuance of its functions under the Act of 1939 to another person, or by any person to a public assistance authority in connection with those functions, which was in force immediately before 1 July 1977, and every contract or agreement in writing in connection with those functions made between a public assistance authority and another person which was not fully executed and completed before that date shall be read and have effect as if the name of the Executive were substituted therein for the name of the public assistance authority, and the security, contract or agreement shall be enforceable by or against the Executive accordingly.

(4)This section shall not apply to any property, chose-in-action, bond, guarantee or other security of a continuing character that is designated and transferred under Part 4 of the Social Welfare and Pensions Act 2010.