Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) Regulations 2005
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) Regulations 2005.
(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 2005.
Commencement.
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paragraphs: These regulations come into operation on 31 January 2005.
Definitions.
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paragraphs: In these regulations—
“the Principal Regulations” means the Social Welfare (Consolidated Supplementary Welfare Allowance Regulations 1995.
Definition — refusal of offer of accommodation.
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paragraphs: The Principal Regulations are amended in article 3 by the insertion of the following after the definition of “qualified dietician”:
“‘refusal’, for the purposes of paragraph (dd) of article 9(2), includes a failure to accept within such time limit or in such manner as is specified by the relevant housing authority or other approved body for acceptance;”.
Definition — tenant.
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paragraphs: The Principal Regulations are amended in article 3 by the insertion of the following after the definition of “supplementary welfare allowance”:
“‘tenant’ means a person for the time being entitled to the occupation of any residential premises by virtue of any contract, agreement or license under or in respect of which rent is paid;”.
Entitlement to rent supplement.
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paragraphs: The Principal Regulations are amended in sub-article 9(2) (as amended by article 5 of the Social Welfare (Consolidated Supplementary Welfare Allowance (Amendment) (No. 4) Regulations 2003 ( S.I. No. 728 of 2003 ))—
(a) by substituting for paragraph (aa) the following paragraphs:
“(aa) at the time of application for a supplement under sub-article (1), the Health Service Executive is satisfied that the claimant—
(i) (I) could reasonably have afforded the rent at the commencement of the tenancy,
(II) in so far as was reasonable in all the circumstances, had at the commencement of the tenancy, an expectation that he or she would be able to afford the rent into the future, and
(III) has experienced a substantial change in his or her circumstances leading to an inability to afford the rent such change in circumstances not having occurred by any design on the part of the claimant;
or
(ii) (I) is regarded by a housing authority as being homeless in accordance with section 2 of the Housing Act, 1988 ( No. 28 of 1988 ),
(II) is assessed by a housing authority as having a housing need,
(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 ),
(IV) is aged 65 years or over,
(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 the State has a reciprocal social security agreement, or
(VI) is subject to any other circumstance in respect of which, in the opinion of the Health Service Executive the provisions of Article 31 of the Principal Regulations apply;”
and
(b) by substituting for paragraph (dd) the following:
“(dd) the claimant has not refused for a third time, within any continuous 18-month period commencing on or after 31 January 2004, an 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 ) (including accommodation provided under the scheme known as the Rental Accommodation Scheme) and, where such refusal has occurred, a supplement under sub-article (1) shall not be payable for a period of 12 months from the date of the refusal.”.
Rent supplement income disregard.
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paragraphs: The Principal Regulations are amended by the substitution for sub-article 9(3) (as inserted by Social Welfare (Consolidated Supplementary Allowance) (Amendment (No. 1) (Income Disregards) Regulations 2001 ( S.I. No. 635 of 2001 )), of the following:—