Social Welfare (Rent Allowance) Regulations, 1991.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Social Welfare (Rent Allowance) Regulations, 1991.
2 Commencement.
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paragraphs: These Regulations shall come into operation on the 18th day of July, 1991.
3 Interpretation.
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paragraphs: In these Regulations, unless the context otherwise requires—
"the Act of 1981" means the Social Welfare (Consolidation) Act, 1981 ;
"the Act of 1982" means the Housing (Private Rented Dwellings) Act, 1982 ;
"the Act of 1983" means the Housing (Private Rented Dwellings) (Amendment) Act, 1983 (No. 22 of 1983);
"allowance" means an allowance to which section 23 of the Act of 1982 refers;
"beneficiary" means a person entitled to an allowance;
"claimant" means a person who has made a claim for an allowance;
"married person" means a person whose spouse is—
( a ) living with him,
( b ) wholly or mainly maintaining him, or
( c ) being wholly or mainly maintained by him;
" the Minister" means the Minister for Social Welfare;
"qualified child" has the meaning assigned to it by section 2 (1) of the Act of 1981 (inserted by section 6 of the Social Welfare Act, 1991 (No. 7 of 1991));
"rent officer" means a rent officer appointed under section 6 of the Act of 1983;
"the Tribunal" means the Rent Tribunal established by section 2 of the Act of 1983;
"weekly means" means the yearly means, as calculated under article 7 of these Regulations, divided by 52.
4 Revocations.
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paragraphs: The Regulations specified in column (2) of Schedule B to these Regulations are hereby revoked to the extent specified in column (3) of that Schedule opposite the mention of those Regulations in column (2).
PART II RENT ALLOWANCE
5 Conditions for receipt of allowance.
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paragraphs: Subject to these Regulations, an allowance shall be payable to a person who—
( a ) is entitled to retain possession as the tenant of a dwelling under section 9 of the Act of 1982:
Provided that—
(i) the terms of the tenancy are fixed by a Court under the Act of 1982, or by the Tribunal or by a rent officer under the Act of 1983, and have been set out in written form and signed by the landlord or his agent and a copy thereof has been furnished by the landlord to the tenant, and
(ii) the landlord has complied with the requirements of any regulations under section 24 of the Act of 1982 for the time being in force, and
( b ) satisfies the conditions as to means specified in these Regulations.
6 Amount of allowance.
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paragraphs: (1) An allowance,in the case of—
( a ) a married person whose weekly means do not exceed £110, or
( b ) any other person whose weekly means do not exceed £64,
shall be a weekly amount equal to the amount by which the rent (calculated as a weekly rent) fixed by a Court or by the Tribunal or by a rent officer on or after 26 July, 1982 exceeds the rent so calculated payable prior to that date:
Provided that where the rent so calculated payable prior to that date was less than £5.15, the allowance shall be the amount by which the rent so calculated fixed by a Court, or by the Tribunal, or by a rent officer exceeds £5.15.
(2) An allowance, in the case of persons whose weekly means exceed the amounts specified in paragraph (a) or (b) of sub-article (1) of this article, as the case may be, shall be the amount of allowance that would arise if the provisions of sub-article (1) of this article applied, reduced—
( a ) in the case of a married person, by 50p for each £1 of weekly means in excess of £110, but not exceeding £120, and by £1 for each £1 of weekly means in excess of £120, and
( b ) in any other case, by 50p for each £1 of weekly means in excess of £64, but not exceeding £69, and by £1 for each £1 of weekly means in excess of £69.
(3) For the purposes of sub-articles (1) and (2) of this article, any fraction of £1 of weekly means greater than 50p shall be taken to be £1 and any other such fraction shall be ignored.
(4) Where a Court, under section 14 of the Act of 1982, or the Tribunal, under section 12 of the Act of 1983, orders a tenant to pay an amount to the landlord, such amount shall be converted to a weekly amount by reference to the period to which the order of the Court or the Tribunal relates and sub-articles (1) and (2) of this article shall apply in determining the amount of the allowance payable, if any, as if the sum of the said weekly amount and the existing rent, calculated as a weekly rent, were a rent fixed by a Court or by the Tribunal and any allowance due for that period shall be payable at such times as are appropriate having regard to the terms of the order of the Court under the said section 14 or of the Tribunal under the said section 12.
(5) Notwithstanding the provisions of sub-articles (1), (2) and (4) of this Article, an allowance may be reduced or title thereto may be extinguished, as appropriate, having regard to—
( a ) the income of any person other than the tenant, his spouse or children resident in the dwelling, or
( b ) the reasonable accommodation needs of the tenant, account being taken of the availability of suitable alternative accommodation, the length of his occupancy of the dwelling and his personal and family circumstances.
(6) In this article "children" means persons who—
( a ) are under the age of 18 years, or
( b ) are of or over the age of 18 years and under the age of 21 years, and are receiving full-time instruction by day at any university, college, school or other educational establishment.
(7) Where the amount of an allowance under sub-article (1) or (2) of this article or, where appropriate, the sum of any such allowance and an allowance under sub-article (4) of this article otherwise payable would be less than £1, no allowance shall be payable.
7 Calculation of means.
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paragraphs: (1) In calculating the means of a person, account shall means 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)),
(vi) any sums received by way of payments by a health board in respect of a child who is boarded out,
(vii) any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them, and
(viii) any income arising from employment of a casual nature by a health board as a home help;
( 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 personally 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 qualified child or qualified children or a prescribed relative,
( b ) the amount of any increase in that assistance because that person has attained the age of 66 years and is living alone,
( c ) the amount of any increase in that assistance because that person has attained the age of 80 years.
(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 that person has attained the age of 66 years and is living alone, and
( c ) the amount of any increase in that payment because that person has attained the age of 80 years.
(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 a payment under Part II of the Act of 1981, but that payment does not include an increase in respect of a qualified child or qualified children, or
( c ) he is in receipt of unemployment assistance or supplementary welfare allowance,
an amount of £12 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) ( a ) In the case of a couple, the means of the claimant and his spouse shall be aggregated and shall be regarded as the means of the claimant.
( b ) In this sub-article—
"couple" means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as man and wife;
"spouse" means each person of a couple in relation to the other.
(8) 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—
( a ) that pension or allowance, and
( b ) his weekly means and the weekly means of his spouse, as calculated under that Act for the purposes of that pension or allowance, and
( c ) 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 or death benefit by way of orphan's pension, under Part II of that Act, or orphan's (non-contributory) pension, under Part III of that Act, reduced, where appropriate, in accordance with paragraphs (a) to (c) of sub-article (3) of this article, or paragraphs (a) to (c) of sub-article (4) of this article.
8 Increases in social welfare payments not to be reckoned as means.
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paragraphs: Notwithstanding article 7 of these Regulations, where an allowance is in course of payment to or in respect of a person and—
( a ) (i) a payment of benefit, pension, allowance or assistance under Part II or Part III of the Act of 1981, or
(ii) a maintenance allowance under section 69 of the Health Act, 1970 , or
(iii) a payment under section 44 of the Health Act, 1947 (No. 28 of 1947), to a person suffering from an infectious disease,
is also in course of payment to or in respect of the person or the spouse of the person or both of them, and
( b ) an increase of any such benefit, pension, allowance or assistance occurs as part of a general increase in such benefit, pension, allowance or assistance,
any portion of that increase which, if it were reckoned as means, would result in a reduction in the amount of the allowance shall not be reckonable as means in calculating the means of the claimant for an allowance.
9 Allowance to be disregarded in calculating means for other purposes.
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paragraphs: No account shall be taken of an allowance in the calculation of a person's means for the purpose of assistance under Part III of the Act of 1981 or for the purposes of amaintenance allowance under section 69 of the Health Act, 1970 , or a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease.
PART III ADMINISTRATION
CHAPTER 1 Claims and Payments
10 Claims to be made to the Minister.
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paragraphs: Every claim for an allowance shall be made to the Minister in the form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances.
11 Information to be given when making a claim for and obtaining payment of an allowance.
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paragraphs: (1) Every person who makes a claim for an allowance shall furnish such certificates, documents, information and evidence for the purpose of deciding the claim as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.
(2) Every beneficiary and every person by whom or on whose behalf an allowance is receivable shall—
( a ) furnish in such manner and at such times as the Minister may determine such certificates, documents and information affecting the right to an allowance or to the receipt thereof as the Minister may require, and
( b ) notify the Minister of any change of circumstances which affects the right to an allowance, or to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.
12 Time and manner of payment of an allowance.
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paragraphs: (1) An allowance shall be paid in accordance with a decision under the provisions of the Act of 1981, as modified by these Regulations, as soon as is reasonably practicable after such decision has been given, at the residence of the beneficiary or any other person to whom an allowance is payable on behalf of the beneficiary, by post or otherwise.
(2) Payment of an allowance shall be made weekly or at such other intervals as the Minster may determine in relation to any particular case or class of cases.
13 Prescribed time for claiming allowance.
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paragraphs: (1) The prescribed time for making a claim for an allowance shall be the period of three months from the day on which, apart from satisfying the condition of making a claim, the claimant would become entitled to the allowance.
(2) Where a person fails to make a claim for an allowance within the time prescribed in sub-article (1) of this article, he shall be disqualified for receiving payment in respect of any period before the date on which the claim is made.
(3) Where a claimant proves that there was good cause for his failure to make a claim for allowance before the date on which it was made, the Minister may extend the time within which the claim may be made to the date of the making of the claim.
(4) Where a claimant proves that—
( a ) on a date earlier than the date on which his claim was made, apart from satisfying the condition of making a claim, he was entitled to the allowance claimed, and
( b ) throughout the period between the earlier date and the date on which the claim was made there was good cause for delay in making the claim,
he shall not be disqualified under this article for receiving the allowance to which he would have been entitled if the claim had been made on the said earlier date.
(5) No sum shall be paid to any person on account of an allowance in respect of any period more than six months before the date on which the claim therefor is made in accordance with these Regulations.
14 Extinguishment of right to allowance not obtained within the prescribed time.
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paragraphs: Where an allowance has been duly awarded to a claimant and is being paid to that claimant, the right to any sum payable by way of such allowance shall be extinguished where payment thereof is not obtained within three months or, where in any particular case the Minister so approves, six months from the date on which that sum is receivable under article 12 of these Regulations.
15 Offences.
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paragraphs: A person who fails to comply with sub-article (2) of article 11 of these Regulations shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000 and, in the case of a continuing offence, to a fine not exceeding £1,000 for each day on which the offence is continued.
CHAPTER 2 Payments to Persons other than the Claimant.
16 Persons unable to act.
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paragraphs: (1) Where a claimant or beneficiary is unable for the time being to act, or is a child under the age of 16 years, the Minister may appoint some other person to exercise on behalf of such claimant or beneficiary any right or power which the claimant or beneficiary may be entitled to exercise in relation to an allowance.
(2) The Minister may at any time revoke an appointment made under this article and a person appointed may resign on giving to the Minister one month's notice of his intention to do so.
(3) An appointment made under this article shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.
(4) A person appointed under this article may exercise on behalf of the claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise in relation to an allowance and may receive and deal with any sum payable by way of an allowance on behalf of such claimant or beneficiary.
(5) Anything required to be done to a claimant or beneficiary in relation to an allowance may be done as respects a claimant or beneficiary who is unable to act to the person appointed under this article to act on his behalf.
(6) The receipt of a person appointed under this article for any amount paid in accordance with this article shall be a good discharge to the Minister for any amount so paid.
17 Allowance paid to a person other than beneficiary.
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paragraphs: (1) Where it appears to the Minister that it is necessary for protecting the interests of a beneficiary or of his dependants that an allowance should be issued to some other person, or where the beneficiary so requests, the Minister may determine that it shall be so issued.
(2) The receipt of a person appointed under this article to act for a claimant or beneficiary shall be a good discharge to the Minister for any sums paid to such person on behalf of the claimant or beneficiary.
18 Payments on death.
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paragraphs: (1) On the death of a claimant or beneficiary the Minister may allow such person as he may think fit to proceed with or to make a claim for an allowance in the name of such claimant or beneficiary.
(2) On the death of a beneficiary, any sum payable in respect of an allowance may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows:—
( a ) where the beneficiary died leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum,
( b ) where the beneficiary died intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.
(3) The receipt of any person of the age of sixteen years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister for the sum so paid.
(4) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of sixteen, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he will apply the sum so paid for the benefit of the person under the age of sixteen.
(5) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.
PART IV Application of certain provisions of the Social Welfare Acts.
19 Application of the Act of 1981.
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paragraphs: The provisions of the enactments mentioned in column(1) of Schedule A hereto shall apply to an allowance and in such application shall be modified so that the said provisions shall read as set out in column (2) of the said Schedule.