{"id":35072,"date":"2024-04-08T21:11:25","date_gmt":"2024-04-08T21:11:25","guid":{"rendered":"https:\/\/legalblog.ie\/?p=35072"},"modified":"2024-04-08T21:17:49","modified_gmt":"2024-04-08T21:17:49","slug":"sw-misc-administration","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/sw-misc-administration\/","title":{"rendered":"SW Misc. Administration"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#SWCA_2005\" title=\"SWCA 2005\">SWCA 2005<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Miscellaneous_Provisions_ss_279-298\" title=\"Miscellaneous Provisions (ss. 279-298)\">Miscellaneous Provisions (ss. 279-298)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Provisions_relating_to_maintenance\" title=\"Provisions relating to maintenance.\">Provisions relating to maintenance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Free_certificates\" title=\"Free certificates.\">Free certificates.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Birth_marriage_and_death_certificates\" title=\"Birth, marriage and death certificates.\">Birth, marriage and death certificates.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Inalienability\" title=\"Inalienability.\">Inalienability.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Means_for_purpose_of_Debtors_Act_Ireland_1872\" title=\"Means for purpose of Debtors Act (Ireland) 1872.\">Means for purpose of Debtors Act (Ireland) 1872.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Exclusion_in_assessment_of_damages\" title=\"Exclusion in assessment of damages.\">Exclusion in assessment of damages.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Reciprocal_arrangements\" title=\"Reciprocal arrangements.\">Reciprocal arrangements.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Provision_of_consultancy_training_and_contract_services_etc\" title=\"Provision of consultancy, training and contract services, etc.\">Provision of consultancy, training and contract services, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Administration_of_social_welfare_schemes\" title=\"Administration of social welfare schemes.\">Administration of social welfare schemes.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Arrangements_with_payment_service_providers\" title=\"Arrangements with payment service providers\">Arrangements with payment service providers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Budgeting_in_relation_to_social_welfare_payments\" title=\"Budgeting in relation to social welfare payments.\">Budgeting in relation to social welfare payments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Budgeting_in_relation_to_certain_rent_payments\" title=\"Budgeting in relation to certain rent payments.\">Budgeting in relation to certain rent payments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Limitations_on_budgeting_under_sections_290_and_290A\" title=\"Limitations on budgeting under sections 290 and 290A.\">Limitations on budgeting under sections 290 and 290A.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Regulations_in_relation_to_unpaid_rent\" title=\"Regulations in relation to unpaid rent.\">Regulations in relation to unpaid rent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Regulations_varying_rates_of_benefit_or_assistance\" title=\"Regulations varying rates of benefit or assistance.\">Regulations varying rates of benefit or assistance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Effect_of_means_on_certain_rates_of_assistance\" title=\"Effect of means on certain rates of assistance.\">Effect of means on certain rates of assistance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Regulations_in_relation_to_benefit_or_assistance\" title=\"Regulations in relation to benefit or assistance.\">Regulations in relation to benefit or assistance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Application_of_provisions_of_this_Act_etc_by_regulations\" title=\"Application of provisions of this Act, etc., by regulations.\">Application of provisions of this Act, etc., by regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Payment_of_increases_in_respect_of_qualified_children\" title=\"Payment of increases in respect of qualified children.\">Payment of increases in respect of qualified children.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/sw-misc-administration\/#Qualified_adult_administrative_schemes\" title=\"Qualified adult (administrative schemes).\">Qualified adult (administrative schemes).<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h2><span class=\"ez-toc-section\" id=\"SWCA_2005\"><\/span>SWCA 2005<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>Chapter 6<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Miscellaneous_Provisions_ss_279-298\"><\/span>Miscellaneous Provisions (ss. 279-298)<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>279.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Provisions_relating_to_maintenance\"><\/span>Provisions relating to maintenance.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>Regulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of Part 2 to be wholly or mainly maintaining another person.<\/p>\n<p>280.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Free_certificates\"><\/span>Free certificates.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>(1)The Minister may arrange for the issue for the purposes of Part 2 or 3 of medical certificates or certificates of expected or actual confinement free of charge.<\/p>\n<p>(2)The expenses incurred in giving effect to this section shall not exceed such sums as may from time to time be agreed on between the Minister and the Minister for Public Expenditure and Reform.<\/p>\n<p>281. Stamp duty.<br \/>\nStamp duty shall not be chargeable on any document by which any payment, refund, repayment or return under this Act is made.<\/p>\n<p>282.<\/p>\n<p>&nbsp;<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Birth_marriage_and_death_certificates\"><\/span>Birth, marriage and death certificates.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>Repealed from 20 November 2020<br \/>\n(1)Where, for the purposes of this Act (other than Chapter 9 of Part 3), the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death any person shall, on presenting a written requisition in the form and containing the particulars that may be directed by the Minister for Health and Children, be entitled to obtain, on payment of the fee set out therefor &#8211;<\/p>\n<p>(a)a copy of an entry in a register of births &#8211; 89 cent,<\/p>\n<p>(b)a copy of an entry in a register of deaths &#8211; 89 cent,<\/p>\n<p>(c)a copy of an entry in a register of marriages &#8211; 89 cent,<\/p>\n<p>certified under the hand of the registrar or superintendent registrar or other person having the custody thereof.<\/p>\n<p>(2)Where, for the purposes of Chapter 9 of Part 3 or regulations made under that Chapter, the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death, any person shall, on presenting a written request in the form and containing the particulars that may be directed by the Minister for Health and Children, be entitled free of charge to obtain a certified copy of the entry of the birth, marriage or death (as the case may be) of that person in the register of births, marriages or deaths (as the case may be) under the hand of the registrar or superintendent registrar or other person having the custody thereof.<\/p>\n<p>(3)Forms for the purposes of subsections (1) and (2) shall be supplied on request without any charge by every registrar of births and deaths and by every superintendent registrar or other person having the custody of the register.<\/p>\n<p>(4)The Minister for Health and Children may, with the consent of the Minister and the Minister for Public Expenditure and Reform, by regulations alter the fees set out in subsection (1).<\/p>\n<p>283.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Inalienability\"><\/span>Inalienability.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>Subject to this Act, every assignment of or charge on, and every agreement to assign or charge, any benefit shall be void and on the bankruptcy of any person entitled to benefit, shall not pass to any trustee or other person acting on behalf of the creditors.<\/p>\n<p>284.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Means_for_purpose_of_Debtors_Act_Ireland_1872\"><\/span>Means for purpose of Debtors Act (Ireland) 1872.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>Any sum received by any person by way of benefit shall not be included in calculating that person&#8217;s means for the purposes of section 6 of the Debtors Act (Ireland) 1872.<\/p>\n<p>285.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Exclusion_in_assessment_of_damages\"><\/span>Exclusion in assessment of damages.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>(1)In assessing damages in any action under the Fatal Injuries Act 1956, or Part IV of the Civil Liability Act 1961, whether commenced before or after 24 February 1981, there shall not be taken into account any child benefit, widow&#8217;s (contributory) pension, widower&#8217;s (contributory) pension, surviving civil partner\u2019s (contributory) pension, guardian\u2019s payment (contributory), one-parent family payment in the case of a person who qualifies for that payment by virtue of being a widow, widower or surviving civil partner, widow\u2019s (non-contributory) pension, widower\u2019s (non-contributory) pension or surviving civil partner\u2019s (non-contributory) pension or guardian\u2019s payment (non-contributory).<\/p>\n<p>(2)Subject to sections 96 and 286, in assessing damages in any action in respect of injury or disease or in computing the amount of compensation under paragraph (1) (a) (ii) of the First Schedule to the Workmen&#8217;s Compensation Act 1906 or under Rule 2 or 4 of the Second Schedule to the Workmen&#8217;s Compensation Act 1934, there shall not to be taken into account any benefit under Part 2, widow&#8217;s (non-contributory) pension, widower&#8217;s (non-contributory) pension, surviving civil partner\u2019s (non-contributory) pension, guardian\u2019s payment (non-contributory) or child benefit.<\/p>\n<p>286. Taking account of illness benefit and invalidity pension in assessing certain damages.<br \/>\nRepealed from 1 August 2014<br \/>\n(1)Notwithstanding section 2 of the Civil Liability (Amendment) Act 1964 and section 285, in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, there shall be taken into account the value of any rights arising from those injuries which have accrued, or are likely to accrue, to the injured person in respect of illness benefit or invalidity pension under Part 2 for 5 years beginning with the time when the cause of action accrued.<\/p>\n<p>(2)The reference in subsection (1) to damages shall, in a case where the damages are subject to reduction under the law of contributory negligence or are limited by or under any Act, be read as a reference to the total damages which would have been recoverable apart from the reduction or limitation.<\/p>\n<p>(3)This section applies &#8211;<\/p>\n<p>(a)in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, which is required to be covered by an approved policy of insurance, where the action is instituted on or after 30 March 1984, and<\/p>\n<p>(b)in assessing damages in any other action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, where the action is instituted on or after 4 April 1990.<\/p>\n<p>(4)In this section &#8211;<\/p>\n<p>&#8220;approved policy of insurance&#8221; means a policy of insurance which, by virtue of section 62 of the Road Traffic Act 1961 (as amended by the European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 (S.I. No. 178 of 1975)) is an approved policy of insurance for the purposes of that Act;<\/p>\n<p>&#8220;mechanically propelled vehicle&#8221; has the meaning given to it by section 3 of the Road Traffic Act 1961.<\/p>\n<p>287.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Reciprocal_arrangements\"><\/span>Reciprocal arrangements.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>(1)The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements made with any international organisation, any other state or government or the proper authority under any other government, in respect of matters relating to insurance and benefits under Part 2, social assistance under Part 3, child benefit under Part 4, or any other scheme, or payment, under this Act, and may by any such order make any adaptations of and modifications in respect of these matters that he or she considers necessary.<\/p>\n<p>(2)The Minister may by order amend or revoke an order under this section.<\/p>\n<p>(3)Without prejudice to the generality of subsections (1) and (2), the Minister, in an order under this section, may provide for the manner in which &#8211;<\/p>\n<p>(a)a reciprocal or other arrangement that is the subject of the order is to apply to persons, or different categories of persons, to whom a different reciprocal or other arrangement, provided for in another order under this section, applies, and<\/p>\n<p>(b)the different reciprocal or other arrangement referred to in paragraph (a) is to apply to persons, or different categories of persons, to whom the reciprocal or other arrangement that is the subject of the order applies.<\/p>\n<p>(4)In this section, a reference to \u2018reciprocal or other arrangement\u2019 includes an agreement which is intended to be binding on the State, the Government or the Minister but which has not, at the time of the making of an order under this section, become binding and to which the Minister is satisfied the international organisation, any other state or government or the proper authority under any government, referred to in subsection (1), is giving effect.<\/p>\n<p>288.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Provision_of_consultancy_training_and_contract_services_etc\"><\/span>Provision of consultancy, training and contract services, etc.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>(1)The Minister may, with the consent of the Minister for Public Expenditure and Reform, for gain or otherwise, promote and enter into, with a specified body &#8211;<\/p>\n<p>(a)a contract or an agreement for the provision by him or her to, or<\/p>\n<p>(b)a contract, agreement or a joint venture for the provision by him or her with,<\/p>\n<p>that body, of consultancy, advisory, training, technical assistance or contract services or the sale or provision of computer products, inside and outside the State.<\/p>\n<p>(2)In this section &#8220;specified body&#8221; means &#8211;<br \/>\n(a)a body established by or under any enactment (other than the Companies Acts 1963 to 2005),<br \/>\n(b)a body established under the Companies Acts 1963 to 2005,<br \/>\n(c)a body formed or established under the laws of a state other than the State and corresponding to a body referred to in paragraphs (a) and (b),<br \/>\n(d)an institution of the European Communities,<br \/>\n(e)a competent authority of a state other than the State, or<br \/>\n(f)the United Nations, the World Bank or any other international institution recognised by the State.<\/p>\n<p>289.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Administration_of_social_welfare_schemes\"><\/span>Administration of social welfare schemes.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>(1)The Minister may delegate to those persons that may be prescribed, any function in relation to the administration of any benefit that may be prescribed and any such delegation shall be subject to the conditions and in the circumstances that may be prescribed.<\/p>\n<p>(2)Regulations made under this section may apply to the whole State or to a specified part or parts of the State.<\/p>\n<p>289A.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Arrangements_with_payment_service_providers\"><\/span>Arrangements with payment service providers<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>The Minister, with the consent of the Minister for Public Expenditure and Reform, may enter into an arrangement with a person, in this section referred to as a &#8216;payment service provider&#8217; for the provision of services by that payment service provider to the Minister in relation to the functions conferred on the Minister by or under this Act concerning the payment of benefit or assistance.<\/p>\n<p>290.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Budgeting_in_relation_to_social_welfare_payments\"><\/span>Budgeting in relation to social welfare payments.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>(1)The Minister may make regulations to provide that where a beneficiary consents, an amount of his or her benefit, which is determined by consultation and agreement between the Minister and the beneficiary, may be withheld, subject to section 290B, and paid, subject to subsection (3A), separately by the Minister to any specified body designated by the beneficiary.<\/p>\n<p>(2)Regulations made under subsection (1) may, in particular and without prejudice to the generality of that subsection, provide for &#8211;<\/p>\n<p>(a)the withdrawal of consent by a beneficiary,<\/p>\n<p>(b)the time and manner in which the withdrawal shall take place, and<\/p>\n<p>(c)the adjustment of any amount of benefit as a result of that withdrawal.<\/p>\n<p>(3)In this section &#8220;a specified body&#8221; means &#8211;<br \/>\n(a)a local authority, other than any functions performed by a local authority under section 23 (amended by section 8 of the Housing (Miscellaneous Provisions) Act 2009) of the Housing (Miscellaneous Provisions) Act 1992,<br \/>\n(b)any other body established &#8211;<br \/>\n(i)by or under any enactment (other than the Companies Acts 1963 to 2005), or<br \/>\n(ii)under the Companies Acts 1963 to 2005, in pursuance of powers conferred by or under other enactments, and financed wholly or partly by means of moneys provided or loans made or guaranteed by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body,<br \/>\n(ba)an authorised undertaking within the meaning of the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003),<br \/>\n(bb)a person granted a licence to supply electricity in accordance with section 14(1) of the Electricity Regulation Act 1999,<br \/>\n(bc)a person granted a licence to supply natural gas in accordance with section 16(1) of the Gas (Interim) (Regulation) Act 2002,<br \/>\n(bd)a credit union within the meaning of the Credit Union Act 1997,<br \/>\nor<br \/>\n(c)any other body that may be prescribed.<\/p>\n<p>(3A)For the purposes of subsection (1), a payment to a credit union referred to in subsection (3)(bd) may be made &#8211;<\/p>\n<p>(a)in respect of a scheme that &#8211;<\/p>\n<p>(i)is approved by the Minister, and<\/p>\n<p>(ii)relates to a class or classes of borrowings from a credit union as may be prescribed,<\/p>\n<p>and<\/p>\n<p>(b)where the beneficiary concerned is a member of the credit union to which the payment is made under this section.<\/p>\n<p>(3B)Without prejudice to subsections (1) or (2), for the purposes of subsection (3A), the Minister may, in regulations made under this section, prescribe &#8211;<\/p>\n<p>(a)a class or classes of borrowings by a beneficiary from a credit union in respect of which payments under this section are to be made,<\/p>\n<p>(b)the maximum amount of such borrowings which shall not exceed \u20ac5,000,<\/p>\n<p>(c)the interest rate charged in respect of such borrowings, the maximum amount of which shall not exceed 1 per cent for each month, and<\/p>\n<p>(d)the duration of the period for repayment, by the beneficiary concerned, of the borrowings, and<\/p>\n<p>(e)the discharge, by the Minister, of any transaction fee, which shall not exceed \u20ac0.50 per transaction, in respect of which repayments in relation to borrowings under this section are to be made by a beneficiary.<\/p>\n<p>(4)On and after the commencement of section 15 of the Social Welfare Act 2012, an amount of benefit under this section shall not be withheld where the purpose of such withholding of benefit is the separate payment, by the Minister, of rent to a local authority pursuant to this section and regulations made under it.<\/p>\n<p>(5)Nothing in subsection (4) shall affect any withholding of benefit under this section where &#8211;<\/p>\n<p>(a)the purpose of such withholding of benefit is to provide for the separate payment, by the Minister, of rent to be paid by a beneficiary to a local authority, pursuant to this section and regulations made under it, and<\/p>\n<p>(b)such withholding of benefit and such separate payment has effect immediately before the commencement of section 15 of the Social Welfare Act 2012.<\/p>\n<p>(6)Where &#8211;<\/p>\n<p>(a)a beneficiary has consented to the withholding of an amount of benefit under this section before the commencement of section 15 of the Social Welfare Act 2012,<\/p>\n<p>(b)the purpose of such withholding of benefit is to provide for the separate payment, by the Minister, of rent to be paid by a beneficiary to a local authority pursuant to this section and regulations made under it, and<\/p>\n<p>(c)such withholding of benefit and such separate payment has not taken effect before the commencement of section 15 of the Social Welfare Act 2012,<\/p>\n<p>nothing in subsection (4) shall prevent the taking effect of such withholding of benefit and such separate payment.<\/p>\n<p>290A.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Budgeting_in_relation_to_certain_rent_payments\"><\/span>Budgeting in relation to certain rent payments.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>(1)This section applies to a beneficiary who is &#8211;<\/p>\n<p>(a)a tenant of a housing body, or<\/p>\n<p>(b)a tenant of a dwelling that is the subject of housing assistance under section 39 of the Housing (Miscellaneous Provisions) Act 2014,<\/p>\n<p>and who is entitled to a benefit prescribed under this section.<\/p>\n<p>(2)The Minister may make arrangements for &#8211;<\/p>\n<p>(a)the deduction, subject to section 290B, of a sum of money from a benefit paid to a beneficiary, and<\/p>\n<p>(b)the payment, on behalf of the beneficiary, of that deducted sum to a housing body for the purpose of the payment of the rent payable to the housing body by that beneficiary.<\/p>\n<p>(3)The Minister &#8211;<\/p>\n<p>(a)may enter into an agreement with a person, for a specified period, for the purpose of carrying out the arrangement referred to in subsection (2), and<\/p>\n<p>(b)shall, where he or she enters into such agreement, by order specify the person with whom the agreement has been entered into and the period for which that agreement has effect.<\/p>\n<p>(4)A deduction and payment made pursuant to this section shall cease &#8211;<\/p>\n<p>(a)where the beneficiary &#8211;<\/p>\n<p>(i)ceases, upon his or her death or otherwise, to be a tenant of a housing body,<\/p>\n<p>(ii)ceases, upon his or her death or otherwise, to be a tenant of a dwelling that is the subject of housing assistance under section 39 of the Housing (Miscellaneous Provisions) Act 2014, or<\/p>\n<p>(iii)otherwise ceases to be entitled to a benefit prescribed under this section,<\/p>\n<p>or<\/p>\n<p>(b)where such deduction and payment are discontinued in accordance with this section.<\/p>\n<p>(5)A deduction and payment made pursuant to this section shall be discontinued where the housing body concerned consents to such discontinuance and a housing body shall not unreasonably withhold its consent to such discontinuance.<\/p>\n<p>(6)The Minister may, after consultation with the Minister for Environment, Community and Local Government, make regulations in respect of all or any of the following:<\/p>\n<p>(a)the form and manner of an application for &#8211;<\/p>\n<p>(i)the deduction and payment pursuant to this section, and<\/p>\n<p>(ii)the discontinuance of such deduction and payment pursuant to this section;<\/p>\n<p>(b)the form and manner of an application for the variation of &#8211;<\/p>\n<p>(i)an amount, subject to section 290B, to be deducted and paid to a housing body, and<\/p>\n<p>(ii)the housing body to which the payment is made;<\/p>\n<p>(c)the form and manner of an application to a housing body for consent to the discontinuance of a deduction and payment pursuant to this section;<\/p>\n<p>(d)any documentation relating to an application referred to in paragraphs (a) to (c);<\/p>\n<p>(e)the benefits from which deductions pursuant to this section are made.<\/p>\n<p>(7)In this section &#8220;housing body&#8221; means &#8211;<\/p>\n<p>(a)a housing authority within the meaning of section 23 (as amended by the Local Government Reform Act 2014) of the Housing (Miscellaneous Provisions) Act 1992, or<\/p>\n<p>(b)a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992.<\/p>\n<p>290B.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Limitations_on_budgeting_under_sections_290_and_290A\"><\/span>Limitations on budgeting under sections 290 and 290A.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>(1)Where a sum of money is to be deducted under section 290A from a benefit to which that section applies that is payable to a beneficiary to which that section applies, the deduction shall not exceed 25 per cent of the weekly rate of that benefit.<\/p>\n<p>(2)Where the withholding of an amount of benefit is to be made under section 290 from a benefit under that section payable to a beneficiary under that section, the deduction shall not exceed 25 per cent of the weekly rate of that benefit.<\/p>\n<p>(3)Where an amount of benefit is withheld under section 290 in respect of a beneficiary referred to in that section and &#8211;<\/p>\n<p>(a)that beneficiary and that benefit are, respectively, a beneficiary to whom, and a benefit to which, section 290A also applies, and<\/p>\n<p>(b)that beneficiary makes an application under section 290A for a deduction from that benefit in respect of the same week,<\/p>\n<p>the deduction under section 290A shall, subject to subsection (1), be made in the first instance and the withholding of an amount of benefit under section 290 shall only continue to be made where &#8211;<\/p>\n<p>(i)the amount of the deduction under section 290A is less than 25 per cent of the weekly rate of benefit payable to that beneficiary in that week, and<\/p>\n<p>(ii)the combined amount of a deduction under section 290A and a withheld amount under section 290 does not exceed 25 per cent of the weekly rate of benefit payable to that beneficiary in that week.<\/p>\n<p>291.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Regulations_in_relation_to_unpaid_rent\"><\/span>Regulations in relation to unpaid rent.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>The Minister may, after consultation with the Minister for the Environment, Heritage and Local Government, make regulations to provide that where rent due to a housing authority by a beneficiary is unpaid for a specified period or where the amount of rent unpaid exceeds a specified amount, an amount of the beneficiary&#8217;s benefit may, notwithstanding any provision of this Act, on application by the housing authority to the Minister, be withheld without the beneficiary&#8217;s consent and paid separately by the Minister to the housing authority, provided that the amount so withheld in any week shall not exceed the amount of the weekly rent payable by the beneficiary.<\/p>\n<p>292.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Regulations_varying_rates_of_benefit_or_assistance\"><\/span>Regulations varying rates of benefit or assistance.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>(1)Notwithstanding anything in this Act the Minister may by regulations increase temporarily or vary all or any of the rates of benefit (other than child benefit or working family payment).<\/p>\n<p>(2)Regulations under subsection (1) shall not so vary the rate of any benefit as to reduce the amount of the rate payable at the commencement of the regulations.<\/p>\n<p>293.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Effect_of_means_on_certain_rates_of_assistance\"><\/span>Effect of means on certain rates of assistance.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>Notwithstanding the provisions of this Act, in the case of a person who is in receipt of any assistance under Part 3 and whose means exceed a prescribed amount, the Minister may by regulations, where the amount payable is not a multiple of \u20ac2.50, increase that amount to the next multiple of \u20ac2.50 in respect of the class of person or classes of persons that may be prescribed.<\/p>\n<p>294.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Regulations_in_relation_to_benefit_or_assistance\"><\/span>Regulations in relation to benefit or assistance.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>The Minister may make regulations in relation to any benefit, and the regulations may apply (with or without modification) or make provisions corresponding (with or without modification) to any provisions of this Act.<\/p>\n<p>295.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Application_of_provisions_of_this_Act_etc_by_regulations\"><\/span>Application of provisions of this Act, etc., by regulations.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>(1)In the case of any section of this Act which confers powers on the Minister to apply by regulations any provisions of this Act to matters referred to in that section, those powers are deemed to include powers to apply any provisions of any enactment, whether passed before or after 26 March 1989, which amends or extends this Act.<\/p>\n<p>(2)The powers conferred on the Minister under section 23 (3) of the Housing (Private Rented Dwellings) Act 1982 in relation to regulations under subsection (1) of that section (which relates to payments under the rent allowance scheme) to apply (with or without modification), or make provision corresponding (with or without modification) to, any provisions of this Act are deemed to include powers to apply any provisions of, or provisions made under, any enactment, whether passed before or after 26 March 1989, which amends or extends this Act.<\/p>\n<p>296<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Payment_of_increases_in_respect_of_qualified_children\"><\/span>Payment of increases in respect of qualified children.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>The Minister may provide by regulations for the payment of increases in respect of qualified children at the full rate to either parent of the children concerned notwithstanding that each parent is entitled to an increase in benefit in respect of qualified children.<\/p>\n<p>296A. Normal residence of qualified child.<br \/>\n[Section requires commencement]<\/p>\n<p>297. Regulations in relation to payment of qualified adult increase in certain cases.<br \/>\n(1)Subject to subsection (2), regulations may provide for entitling to an increase of benefit or assistance (other than supplementary welfare allowance), as the case may be, payable in respect of a qualified adult, a claimant or beneficiary who would be entitled to an increase but for the fact that his or her spouse, civil partner or cohabitant has income in excess of a prescribed amount.<\/p>\n<p>(2)Regulations for the purposes of subsection (1) shall provide that the increase payable by virtue of those regulations shall be payable at a rate less than the appropriate rate specified in Schedule 2 or 4, as the case may be, and the rate specified by the regulations may vary by reference to the amount by which the income of the spouse, civil partner or cohabitant exceeds the amount prescribed for the purposes of subsection (1).<\/p>\n<p>(3)In this section &#8220;benefit&#8221; means benefit under Part 2.<\/p>\n<p>298.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Qualified_adult_administrative_schemes\"><\/span>Qualified adult (administrative schemes).<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>(1)A person who, apart from this section, would be a qualified adult for the purposes of a scheme to which this section applies shall not be a qualified adult for the purposes of that scheme unless the person is a spouse, civil partner or cohabitant within the meaning of this Act.<\/p>\n<p>(2)Notwithstanding any enactment but without prejudice to subsection (1), the circumstances in which there arises an entitlement to &#8211;<\/p>\n<p>(a)an allowance under a scheme to which this section applies, or<\/p>\n<p>(b)an increase in the amount of that allowance,<\/p>\n<p>by reference to the status or description of one or both, or all, of 2 or more persons residing or living together are those circumstances expressly set out in the scheme and not otherwise.<\/p>\n<p>(3)This section applies to the following schemes administered by the Minister and known as &#8211;<\/p>\n<p>(a)the Free Travel Scheme,<\/p>\n<p>(b)the National Fuel Scheme,<\/p>\n<p>(c)the Part-Time Job Incentive Scheme,<\/p>\n<p>(d)the Back to Education Allowance,<\/p>\n<p>(e)the Back to School Clothing and Footwear Allowance,<\/p>\n<p>(f)the Back to Work Allowance (Employees),<\/p>\n<p>(g)the Back to Work Enterprise Allowance,<\/p>\n<p>(h)the Smokeless Fuels Allowance, and<\/p>\n<p>(i)the Household Benefits Package,<\/p>\n<p>being, in each case, the scheme in the terms as it has effect on 1 April 2004.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-35072\" data-postid=\"35072\" class=\"themify_builder_content themify_builder_content-35072 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>SWCA 2005 Chapter 6 Miscellaneous Provisions (ss. 279-298) 279. Provisions relating to maintenance. Regulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of Part 2 to be wholly or mainly maintaining another person. 280. Free certificates. (1)The Minister may arrange for the issue [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[283],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/35072"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=35072"}],"version-history":[{"count":2,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/35072\/revisions"}],"predecessor-version":[{"id":35074,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/35072\/revisions\/35074"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=35072"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=35072"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=35072"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}