Social Welfare (Rent Allowance) (Amendment) (No. 2) Regulations, 1990.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Social Welfare (Rent Allowance) (Amendment) (No. 2) Regulations, 1990.
(2) These Regulations and the Social Welfare (Rent Allowance) Regulations, 1982 to 1990, shall be construed together as one and may be cited together as the Social Welfare (Rent Allowance) Regulations, 1982 to 1990.
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paragraphs: In these Regulations "the Principal Regulations" means the Social Welfare (Rent Allowance) Regulations, 1982 ( S.I. No. 220 of 1982 ).
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paragraphs: The Principal Regulations are hereby amended by the substitution for article 6 (as amended by the Social Welfare (Rent Allowance) (Amendment) Regulations, 1990 ( S.I. No. 187 of 1990 )) of the following article:—
"6. (1) In calculating the means of a person, account shall be taken of the following:
( a ) all income which he may reasonably expect to receive during the succeeding year in cash, including the annual net cash value of any non-cash earnings derived from personal exertions and the actual or estimated amount of any income which he may reasonably expect to receive during such succeeding year as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding:—
(i) any sums received by way of child benefit under Part IV of the Act of 1981,
(ii) any sums received by way of orphan's (contributory) allowance, orphan's (non-contributory) pension or death benefit by way of orphan's pension under the Act of 1981,
(iii) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970 (No. 1 of 1970),
(iv) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice),
(v) any sums received by way of family income supplement under Part IVA of the act of 1981(inserted by section 13 of the Social Welfare Act, 1984 (No. 5 of 1984)), and
(vi) any sums received by way of payments by a health board in respect of a child who is boarded out;
( b ) the value of any property belonging to such person (not being property personally used or enjoyed by him or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or is otherwise put to profitable use or which, though capable of investment or profitable use, is not invested or put to profitable use, the yearly value of the first £400 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of £400 being taken to be one-tenth part of the capital value;
( c ) the yearly value of any advantage accruing to such person from:
(i) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is pesonally used or enjoyed by him, and
(ii) the leasing by him of a farm of land under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice;
( d ) the yearly value of any benefit or privilege enjoyed by such person;
( e ) all income and the yearly value of all property of which such person has directly or indirectly deprived himself in order to qualify himself or his spouse for the receipt of an allowance, or for the receipt thereof at a higher rate than that to which he or his spouse would otherwise be entitled.
(2) For the purposes of paragraph (a) of sub-article (1) of this article, the income of a person shall, in the absence of other means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of calculation.
(3) Notwithstanding sub-article (1) of this article, the weekly means of a person in receipt of any assistance specified in section 134 (1) of the Act of 1981, other than unemployment assistance or supplementary welfare allowance, shall be the sum of such assistance and his weekly means as calculated under that Act for the purposes of obtaining such assistance, reduced by—
( a ) the amount of any increase in that assistance in respect of a prescribed relative,
( b ) the amount of any increase in that assistance because the person has attained the age of 66 years and is living alone,
( c ) the amount, if any, by which that assistance, in the case of a person who has attained the age of 80 years, exceeds the payment which would apply if he had not attained that age, and
( d ) the amount of any increase in that assistance in respect of each qualified child, if any, who normally resides with him.
(4) In calculating the means of a person deriving from a payment under Part II of the Act of 1981, no account shall be taken of—
( a ) any increase in that payment in respect of a qualified child or qualified children or a prescribed relative,
( b ) any increase in that payment because the person receiving the payment has attained the age of 66 years and is living alone, and
( c ) the amount, if any, by which that payment, in the case of a person who has attained the age of 80 years, exceeds the payment which would apply if he had not attained that age.
(5) In calculating the means of a person for any period in respect of which—
( a ) he is not in receipt of a payment under Part II of the Act of 1981, or
( b ) he is in receipt of such payment which does not include an increase in respect of a qualified child or qualified children, or
( c ) he is not in receipt of assistance specified in sub-article (3) of this article,
an amount of £11 a week shall be disregarded in respect of each qualified child normally residing with that person or his spouse, not being a child in respect of whom an orphan's (contributory) allowance, an orphan's (non-contributory) pension or death benefit by way of orphan's pension is payable under the Act of 1981.
(6) For the purposes of this article, any question relating to the normal residence of a qualified child shall be decided in accordance with the Social Welfare (Normal Residence) Regulations, 1986 ( S.I. No. 367 of 1986 ).
(7) In calculating the means of a person deriving from a payment under Part II or Part III of the Act of 1981 no account shall be taken of any increase in that payment in respect of an adult dependent, being an adult dependent referred to in paragraph (b) of the definition of an adult dependent contained in subsection (1) of section 2 of the Act of 1981 (inserted by section 3 of the Social Welfare (No. 2) Act, 1985 (No. 14 of 1985)).
(8) ( a ) In the case of a married person, the means of the claimant and spouse shall be aggregated and shall be regarded as the means of the claimant.
( b ) Where the claimant is one of a married couple only one of whom is in receipt of an old age pension, a blind pension or a carer's allowance under Part III of the Act of 1981, his weekly means shall be the sum of that pension or allowance, his weekly means and the weekly means of his spouse as calculated under that Act for the purposes of that pension or allowance and the amount of any other payment to the claimant or his spouse by way of pension, allowance, assistance or benefit, excluding any orphan's (contributory) allowance, orphan's (non-contributory) pension or death benefit by way of orphan's pension, under Part II or Part III of that Act, reduced where appropriate in accordance with paragraphs (a) to (d) of sub-article (3) of this article or paragraphs (a) to (c) of sub-article (4) of this article.
(9) Weekly means shall be the yearly means divided by 52.".
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paragraphs: (1) The Schedule to the Principal Regulations (as amended by the Social Welfare (Rent Allowance) (Amendment) Regulations, 1988 ( S.I. No. 178 of 1988 )) is hereby amended by the substitution for the references to sections 297 and 298 of the Act of 1981, as set out and modified in the said Schedule, of the following:—
"
Title
Modification
(1)
(2)
Section 297 of the Act of 1981.
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paragraphs: —(1) The Minister may appoint from his officers such and so many persons as he thinks proper to be appeals officers for the purposes of the Social Welfare (Rent Allowance) Regulations, 1982, and every person so appointed shall hold office as an appeals officer during the pleasure of the Minister
(2) One of the appeals officers shall be designated by the Minister as the Chief Appeals Officer and another of them shall be designated by the Minister to act as the Deputy for the Chief Appeals Officer when that Officer is not available.
Section 298 of the Act of 1981(with the exception of subsections (12) and (13)).
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paragraphs: —(1) If any person is dissatisfied with the decision given by a deciding officer, the question shall, on notice of appeal being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer.
(3) A deciding officer may, if he so thinks proper, instead of deciding it himself, refer in the prescribed manner any question which falls to be decided by him to an appeals officer.
(4) Regulations may provide for the procedure to be followed on appeals and references under this section.
(4A) Notwithstanding subsection (4), where the Minister or a person designated by him considers that the circumstances of a particular case warrant an oral hearing of the appeal, the Minister or any person so designated by him may direct the Chief Appeals Officer that the appeal be determined by way of an oral hearing.
(5) An appeals officer, when deciding a question referred under subsection (1), shall not be confined to the grounds on which the decision of the deciding officer was based, but may decide the question as if it were being decided for the first time.
(6) The decision of an appeals officer on any question relating to an allowance shall, subject to section 300 (3) and 300 (4) of the Act of 1981, as applied and modified by these Regulations, be final and conclusive.
(7) An appeals officer shall, on the hearing of any matter referred to him under this section, have power to take evidence on oath and for that purpose may administer oaths to persons attending as witnesses at such hearing.
(8) An appeals officer may, by giving notice in that behalf in writing to any person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to such appeals officer under this section or to produce any documents in his possession, custody or control which relate to any such matter.
(9) A notice under subsection (8) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to that person at the address at which he ordinarily resides or at his place of business.
(10) A person to whom a notice under subsection (8) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any documents to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.
(11) An appeals officer may, in relation to any matter referred to him under this section, award to any person any costs or expenses (including expenses representing loss of remunerative time) which he considers reasonabe, and the award shall be payable by the Minister.
(14) Where a person required to attend to give evidence or to produce documents under subsection (8) fails to attend or to produce such documents, an appeals officer may, on serving notice on that person, apply to the District Court for an order directing that person to attend or to produce such documents as required.
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(2) This article shall come into operation on the 1st day of January, 1991.
GIVEN under the Official Seal of the Minister for Social Welfare
this 29th day of November, 1990.
MICHAEL WOODS,
Minister for Social Welfare.
The Minister for Finance hereby consents to the making of the foregoing Regulations.
GIVEN under the Official Seal of the Minister for Finance this
29th day of November, 1990.
ALBERT REYNOLDS,
Minister for Finance.
EXPLANATORY NOTE.
These Regulations provide for an amendment to the means test provisions which apply to the rent allowance scheme, as a consequence of the introduction of the new social assistance schemes for carers and lone parents. The Regulations provide that, for the purposes of the rent allowance scheme, the means of recipients of long-term social assistance payments will be taken to be the weekly amount of such payment, together with the weekly means as calculated for the purposes of that payment scheme. In calculating the weekly means certain items are disregarded e.g. increases for dependant children, increases for persons who are aged 80 years or over etc.
These Regulations also provide for an amendment to the provisions relating to rent allowance appeals, with effect from 1 January, 1991. These amendments are necessary as a consequence of the new appeals provisions which are contained in the Social Welfare Act, 1990 .