S.I. No. 178/1988 - Social Welfare (Rent Allowance) (Amendment) Regulations, 1988.

S.I. No. 178 of 1988.

SOCIAL WELFARE (RENT ALLOWANCE) (AMENDMENT) REGULATIONS, 1988.

The Minister for Social Welfare in exercise of the powers conferred on him by section 23 of the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982) and subsections (2) and (3) of section 3 of the Social Welfare (Consolidation) Act, 1981 (No. of 1981), hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (Rent Allowance) (Amendment) Regulations, 1988.

(2) These Regulations and the Social Welfare (Rent Allowance) Regulations, 1982 to 1987, shall be construed as one and may be cited together as the Social Welfare (Rent Allowance) Regulations, 1982 to 1988.

2. These Regulations shall come into operation on the 21st day of July, 1988.

3. In these Regulations—

"the Principal Regulations" means the Social Welfare (Rent Allowance) Regulations, 1982 ( S.I. No. 220 of 1982 );

"the Regulations of 1987" means the Social Welfare (Rent Allowance) (Amendment) Regulations, 1987 ( S.I. No. 152 of 1987 ).

4. The Principal Regulations (as amended by the Regulations of 1987) are hereby amended by—

(a) the substitution in article 5 (2) of "£99" for "£96", "£57" for "£55", and of "£4.50" for "£4.10" in each case in which the latter sum appears;

(b) the substitution in article 5 (3) (a) of "£99" for "£96" and of "£109" for "£106" in each case in which the said sum appears;

(c) the substitution in articel 5 (3) (b) of "£57" for "£55" and of "£62" for "£60" in each case in which the said sum appears;

(d) the substitution in article 6(5) of "£9.50" for "£8.40", "£9.50" for "£9.60", "£8" for "£7.50" and "£8" for "£6".

(e) the amendment of the heading to Part II by the addition of "and the Social Welfare Act, 1988 ".

5. The Schedule to the Principal Regulations is hereby amended by—

(a) the deletion of section 116 of the Act of 1981 as set out and modified in the said Schedule;

(b) the substitution in section 231 (1) (c) (ii) of the Act of 1981 as set out and modified in the said Schedule of "£10,000" for "£3,000" and of "three years" for "two years";

(c) the substitution in section 298 (10) of the Act of 1981 as set out and modified in the said Schedule of "£500" for "£100";

(d) the insertion in the appropriate columns of the said Schedule of the following:

Title	Modification
Section 19 of the act of 1988	19—Where— (a) a person is charged with an offence in relation to the receipt of a rent allowance under section 231 of this Act as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982 , and (b) the court proposes to make an order under section 1 (1) of the Probation of Offenders Act, 1907, the court shall not make such order until it is satisfied that any amounts due to be repaid in respect of such allowance have been repaid.
Section 20 of the Act of 1988with the exception of subsection (8)	20—(1) Proceedings for an offence under section 231 of this Act as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982 shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister. (2) A prosecution for a summary offence under section 231 of this Act as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982 may be brought at the suit of the Minister.
	(3) Notwithstanding the provisions of subsection (1) of this section or any provision in any enactment specifying the period within which proceedings may be commenced, a prosecution for a summary offence under section 231 of this Act as applied under section 23 of the Housing (Private Rented Dwellings) Act, may be brought at any time within whichever of the following periods later expires—
	(a) the period of six months commencing on the date on which evidence sufficient to justify the institution of that prosecution came into the possession of the Minister, or
	(b) the period of two years commencing on the date on which the offence was committed.
	(4) For the purposes of subsection (3) of this section, a certificate sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown.
	(5) Where in a prosecution for an offence under section 231 of this Act as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982 it is shown to the satisfaction of the court—
	(a) that an application has been made by a person (in this section referred to as the defendant) for an allowance, and
	(b) that as a result of that application an allowance has been paid to any person (whether or not such allowance was that applied for and whether or not it was paid to the defendant)
	the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.
	(6) For the purpose of the institution of proceedings under the Principal Act, a certificate, purporting to be given by an officer of the Minister authorised in that behalf by the Minister and to be signed by that officer, certifying the following facts, namely, that a person is an officer of the Minister and that he has been authorised under a special or general direction of the Minister to institute such proceedings, or that the Minister has consented to the institution of such proceedings, shall be sufficient evidence in any legal proceedings of the matters certified in the certificate, until the contrary is shown.
Section 20 of the Act of 1988with the exception of sub-section (8) (continued).	(7) In any proceedings for an offence under section 231 of this Act as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982 the wife or husband of the person charged with the offence shall, notwithstanding any other enactment, be competent to give evidence whether for or against that person, but the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him, as the case may be, during the marriage by that person.

GIVEN under the Official Seal of the Minister for Social Welfare,

this 20th day of July, 1988.

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 20th day of July, 1988.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations amend the conditions for receipt of a rent allowance in relation to the means test and calculation of the amount of an allowance, to take account of general increases in social welfare payments from July, 1988. Certain provisions in the Schedule to the Regulations have been amended to correspond with amendments to similar provisions relating to other social welfare payments effected by the Social Welfare Act, 1988 (No. 7 of 1988).