Civil Law (Miscellaneous Provisions) Act 2022
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Disregard of financial contribution for purposes of means-testing | ||
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19. (1) Subject to subsection (2), where eligibility for the purposes of a benefit (whether pecuniary or otherwise and howsoever called) granted by a public body is determined by reference to whether the income of a person meets or exceeds a threshold, any financial contribution received by the person under this Part shall not be taken into account when calculating that income. | ||
(2) Subsection (1) shall not apply in respect of a benefit granted by or under the Act of 2005 where regulations are made under that Act having a similar effect, as regards determination of eligibility for the benefit, to subsection (1). | ||
(3) In this section— | ||
“Act of 1998” means the Education Act 1998 ; | ||
“Act of 2014” means the Companies Act 2014 ; | ||
“board” has the same meaning as it has in the Act of 1998; | ||
“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act; | ||
“education and training board” means an education and training board established under section 9 of the Education and Training Boards Act 2013 ; | ||
“public body” means— | ||
(a) a Minister of the Government, | ||
(b) the Attorney General, | ||
(c) the Comptroller and Auditor General, | ||
(d) the Revenue Commissioners, | ||
(e) the Commissioners of Public Works in Ireland, | ||
(f) the Commissioner of Valuation, | ||
(g) the Garda Síochána, | ||
(h) the Defence Forces, | ||
(i) a local authority for the purposes of the Local Government Act 2001 , | ||
(j) the Health Service Executive, | ||
(k) an education and training board, | ||
(l) a recognised school established and maintained by an education and training board, | ||
(m) a board of a recognised school established and maintained by an education and training board, | ||
(n) a body established— | ||
(i) by or under an enactment (other than the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or | ||
(ii) under the Act of 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, | ||
in respect of which a public service pension scheme exists or applies or may be made, | ||
(o) a body that is wholly or partly funded directly or indirectly out of moneys provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a public service pension scheme exists or applies or may be made, or | ||
(p) any subsidiary of, or company controlled (within the meaning given by section 10 of the Taxes Consolidation Act 1997 ) by, a body to which paragraph (i), (j), (k), (n) or (o) relates and in respect of which a public service pension scheme exists or applies or may be made; | ||
“public service pension scheme” has the same meaning as it has in Part 4 of the Public Service Pay and Pensions Act 2017 ; | ||
“recognised school” has the same meaning as it has in the Act of 1998. |