S.I. No. 352/1983 - Social Welfare (Rent Allowance) (Amendment) Regulations, 1983.

S.I. No. 352 of 1983.

SOCIAL WELFARE (RENT ALLOWANCE) (AMENDMENT) REGULATIONS, 1983.

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. 1 of 1981) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (Rent Allowance) (Amendment) Regulations, 1983.

(2) These Regulations and the Social Welfare (Rent Allowance) Regulations, 1982 and 1983 may be cited together as the Social Welfare (Rent Allowance) Regulations, 1982 to 1983.

2. In these Regulations "the Principal Regulations" means the Social Welfare (Rent Allowance) Regulations, 1982 (No. 220 of 1982).

3. Article 3 of the Principal Regulations is hereby amended by the addition thereto of the following definitions—

"the Act of 1983" means the Housing (Private Rented Dwellings) (Amendment) Act, 1983 (No. 22 of 1983);

"the Tribunal" means the Rent Tribunal established by section 2 of the Housing (Private Rented Dwellings) (Amendment) Act, 1983 (No. 22 of 1983);

"rent officer" means a rent officer appointed under section 6 of the Act of 1983.

4. The Principal Regulations are hereby amended by the substitution for article 4 of the following article:—

"4. Subject to these Regulations, an allowance shall be payable to a person who is entitled to retain possession as the tenant of a dwelling under section 9 of the Act of 1982 provided that—

( a ) the terms of the tenancy

(i) 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

(ii) 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

( b ) the landlord has complied with the requirements of any regulations under section 24 of the Act of 1982 for the time being in force".

5. Sub-article (2) of article 5 of the Principal Regulations is hereby amended by the insertion after "the Act of 1982 comes into operation" of "or by the Tribunal or by a rent officer on or after the date on which the Act of 1983 comes into operation" and by the insertion after "the rent so calculated fixed by a Court" of "or by the Tribunal or by a rent officer".

6. Article 5 of the Principal Regulations is hereby further amended by the substitution for sub-article (5) of the following sub-article:

"(5) 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 of the Tribunal relates and sub-articles (2) and (3) shall apply in determining the amount of 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 a Court under the said section 14 or of the Tribunal under the said section 12".

GIVEN under the Official Seal of the Minister for Social Welfare

this 17th day of November, 1983.

BARRY DESMOND,

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 17th day of November, 1983.

ALAN DUKES,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations amend the Social Welfare (Rent Allowance) Regulations, 1982 ( S.I. No. 220 of 1982 ) to include references to the Rent Tribunal established on 2nd August 1983 under the Housing (Private Rented Dwellings) (Amendment) Act, 1983 (No. 22 of 1983). They also provide for the possible appointment of rent officers under that Act at a later date.