Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) Regulations, 2003
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4 Regulations, 2003.
(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance Regulations 1995 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 to 2003.
Commencement.
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paragraphs: These Regulations shall come into operation on 31 January, 2004.
Definitions.
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paragraphs: In these Regulations, save where the context otherwise requires-
“tenant” means a person for the time being entitled to the occupation of a residential premises by virtue of any contract, agreement or licence under or in respect of which rent is paid.
“the Principal Regulations” means the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995.
Definitions.
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paragraphs: The Principal Regulations are amended in the definition of “institution” by the insertion of “, a prison or place of detention” after “therein”.
Entitlement to rent supplement.
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paragraphs: (1) The Principal Regulations are amended in sub-article 9(2) by substituting after paragraph (a) the following:
“(aa) at the time of application for a supplement under sub-article (1), the person has been in any rented accommodation or institution, or accommodation for homeless persons as provided for under section 10 of the Housing Act, 1998 (No. 28 of 1988), or any combination of these for a period of not less than 183 days within the preceding 12 month period, unless such person -
(i) is regarded by a housing authority as being homeless in accordance with section 2 of the Housing Act, 1988 (No. 28 of 1988, or
(ii) is assessed by a housing authority as having a housing need in accordance with section 9 of the Housing Act, 1988 (No. 28 of 1988), or
(iii) is a tenant of a body approved by the Minister for the Environment Heritage and Local Government for the purposes of Section 6 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992), or
(iv) is aged 65 years or over, or
(v) is in receipt of disability allowance, invalidity pension or blind pension from the Department of Social and Family Affairs or an equivalent payment from another country of the European Union with which Ireland has a reciprocal social security agreement.” and
(b) by inserting after paragraph (d) the following:
“(dd) the person has not accepted, within any continuous 12 month period commencing on or after 31 January, 2004, a second offer of accommodation, provided by either a housing authority or a body approved by the Minister for the Environment, Heritage and Local Government for the purposes of Section 6 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992), and where such second offer of accommodation has not been accepted a supplement under sub-article (1) shall not be payable for a period of 12 months,”.
GIVEN under the Official Seal of the Minister for Social and Family Affairs this 17th day of December 2003.
MARY COUGHLAN
Minister for Social and Family Affairs.
The Minister for Finance hereby consents to the making of the foregoing Regulations.
GIVEN under the Official Seal of the Minister for Finance this 18th day of December, 2003.
CHARLIE MC CREEVY
Minister for Finance.
Explanatory Note
[This note is not part of the Instrument and does not purport to be a legal interpretation]
These Regulations provide for amendments to the conditions for entitlement to Supplementary Welfare Allowance Rent Supplement.
These Regulations provide that a person shall not be entitled to rent supplement unless that person has been in rented accommodation, accommodation for homeless persons or an institution (including a prison or place of detention) for not less that 183 days in the preceding 12 month period.
The new provisions will not apply in any case where a person is:
- homeless (in accordance with the Housing Act, 1988 )
- assessed as having a housing need (in accordance with the Housing Act, 1988 )
- a tenant in accommodation provided by a voluntary housing body
- aged 65 years or over
- in receipt of disability allowance, invalidity pension or blind pension
These Regulations also provide that, where a second offer of accommodation has not been accepted in any 12 month period, rent supplement shall not be payable for a further 12 months.
Article 31 of the Consolidated Supplementary Welfare Allowance Regulations, which provides for payments in cases of exceptional need, is not affected by these Regulations.
These Regulations come into operation on 31 January, 2004.