Social Welfare (Miscellaneous Provisions) Act 2003

Supplementary welfare allowance — amendment to conditions of entitlement.

13.—Section 179 (as amended by paragraph 3 of the Sixth Schedule to the Principal Act) of the Principal Act is amended by inserting the following after subsection (2):

“(3) Without prejudice to the generality of subsection (1) and subject to subsection (4), regulations under subsection (1) may provide for the payment of a supplement towards the amount of rent payable by a person in respect of his or her residence.

(4) (a) A person shall not be entitled to a payment referred to in subsection (3) where—

(i) the person is not lawfully in the State, or

(ii) the person has made an application to the Minister for Justice, Equality and Law Reform for a declaration under paragraphs (a) or (c) of section 8 (1) of the Refugee Act 1996 , other than a person—

(I) in respect of whom a declaration within the meaning of section 17 of the Refugee Act 1996 is in force,

(II) who is entitled under section 18 of the Refugee Act 1996 to enter and reside in the State,

(III) who is entitled under section 24 of the Refugee Act 1996 to enter and remain in the State, or

(IV) who has the permission of the Minister for Justice, Equality and Law Reform to remain in the State under the Aliens Act 1935 .

(b) This subsection does not apply to persons who were in receipt of a payment referred to in subsection (3) before the coming into operation of this subsection.”.