S.I. No. 208/1991 - Social Welfare (Rent Allowance) Regulations, 1991.


S.I. No. 208 of 1991.

SOCIAL WELFARE (RENT ALLOWANCE) REGULATIONS, 1991.

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:—

PART I GENERAL

1 Short Title.

1. These Regulations may be cited as the Social Welfare (Rent Allowance) Regulations, 1991.

2 Commencement.

2. These Regulations shall come into operation on the 18th day of July, 1991.

3 Interpretation.

3. In these Regulations, unless the context otherwise requires—

"the Act of 1981" means the Social Welfare (Consolidation) Act, 1981 ;

"the Act of 1982" means the Housing (Private Rented Dwellings) Act, 1982 ;

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

"allowance" means an allowance to which section 23 of the Act of 1982 refers;

"beneficiary" means a person entitled to an allowance;

"claimant" means a person who has made a claim for an allowance;

"married person" means a person whose spouse is—

( a ) living with him,

( b ) wholly or mainly maintaining him, or

( c ) being wholly or mainly maintained by him;

" the Minister" means the Minister for Social Welfare;

"qualified child" has the meaning assigned to it by section 2 (1) of the Act of 1981 (inserted by section 6 of the Social Welfare Act, 1991 (No. 7 of 1991));

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

"the Tribunal" means the Rent Tribunal established by section 2 of the Act of 1983;

"weekly means" means the yearly means, as calculated under article 7 of these Regulations, divided by 52.

4 Revocations.

4. The Regulations specified in column (2) of Schedule B to these Regulations are hereby revoked to the extent specified in column (3) of that Schedule opposite the mention of those Regulations in column (2).

PART II RENT ALLOWANCE

5 Conditions for receipt of allowance.

5. Subject to these Regulations, an allowance shall be payable to a person who—

( a ) is entitled to retain possession as the tenant of a dwelling under section 9 of the Act of 1982:

Provided that—

(i) the terms of the tenancy 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 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

(ii) the landlord has complied with the requirements of any regulations under section 24 of the Act of 1982 for the time being in force, and

( b ) satisfies the conditions as to means specified in these Regulations.

6 Amount of allowance.

6. (1) An allowance,in the case of—

( a ) a married person whose weekly means do not exceed £110, or

( b ) any other person whose weekly means do not exceed £64,

shall be a weekly amount equal to the amount by which the rent (calculated as a weekly rent) fixed by a Court or by the Tribunal or by a rent officer on or after 26 July, 1982 exceeds the rent so calculated payable prior to that date:

Provided that where the rent so calculated payable prior to that date was less than £5.15, the allowance shall be the amount by which the rent so calculated fixed by a Court, or by the Tribunal, or by a rent officer exceeds £5.15.

(2) An allowance, in the case of persons whose weekly means exceed the amounts specified in paragraph (a) or (b) of sub-article (1) of this article, as the case may be, shall be the amount of allowance that would arise if the provisions of sub-article (1) of this article applied, reduced—

( a ) in the case of a married person, by 50p for each £1 of weekly means in excess of £110, but not exceeding £120, and by £1 for each £1 of weekly means in excess of £120, and

( b ) in any other case, by 50p for each £1 of weekly means in excess of £64, but not exceeding £69, and by £1 for each £1 of weekly means in excess of £69.

(3) For the purposes of sub-articles (1) and (2) of this article, any fraction of £1 of weekly means greater than 50p shall be taken to be £1 and any other such fraction shall be ignored.

(4) 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 the Tribunal relates and sub-articles (1) and (2) of this article shall apply in determining the amount of the 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 the Court under the said section 14 or of the Tribunal under the said section 12.

(5) Notwithstanding the provisions of sub-articles (1), (2) and (4) of this Article, an allowance may be reduced or title thereto may be extinguished, as appropriate, having regard to—

( a ) the income of any person other than the tenant, his spouse or children resident in the dwelling, or

( b ) the reasonable accommodation needs of the tenant, account being taken of the availability of suitable alternative accommodation, the length of his occupancy of the dwelling and his personal and family circumstances.

(6) In this article "children" means persons who—

( a ) are under the age of 18 years, or

( b ) are of or over the age of 18 years and under the age of 21 years, and are receiving full-time instruction by day at any university, college, school or other educational establishment.

(7) Where the amount of an allowance under sub-article (1) or (2) of this article or, where appropriate, the sum of any such allowance and an allowance under sub-article (4) of this article otherwise payable would be less than £1, no allowance shall be payable.

7 Calculation of means.

7. (1) In calculating the means of a person, account shall means be taken of the following—

( a ) all income which he may reasonably expect to receive during the succeeding year in cash, including the annual net cash value of any non-cash earnings derived from personal exertions and the actual or estimated amount of any income which he may reasonably expect to receive during such succeeding year as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—

(i) any sums received by way of child benefit under Part IV of the Act of 1981,

(ii) any sums received by way of orphan's (contributory) allowance, orphan's (non-contributory) pension or death benefit by way of orphan's pension under the Act of 1981,

(iii) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970 (No. 1 of 1970 ),

(iv) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice),

(v) any sums received by way of family income supplement under Part IVA of the Act of 1981 (inserted by section 13 of the Social Welfare Act, 1984 (No. 5 of 1984)),

(vi) any sums received by way of payments by a health board in respect of a child who is boarded out,

(vii) any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them, and

(viii) any income arising from employment of a casual nature by a health board as a home help;

( b ) the value of any property belonging to such person (not being property personally used or enjoyed by him or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or is otherwise put to profitable use or which, though capable of investment or profitable use, is not invested or put to profitable use, the yearly value of the first £400 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of £400 being taken to be one-tenth part of the capital value;

( c ) the yearly value of any advantage accruing to such person from—

(i) the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by him, and

(ii) the leasing by him of a farm of land under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice;

( d ) the yearly value of any benefit or privilege enjoyed by such person;

( e ) all income and the yearly value of all property of which such person has directly or indirectly deprived himself in order to qualify himself or his spouse for the receipt of an allowance, or for the receipt thereof at a higher rate than that to which he or his spouse would otherwise be entitled.

(2) For the purposes of paragraph (a) of sub-article (1) of this article, the income of a person shall, in the absence of other means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of calculation.

(3) Notwithstanding sub-article (1) of this article, the weekly means of a person in receipt of any assistance specified in section 134 (1) of the Act of 1981, other than unemployment assistance or supplementary welfare allowance, shall be the sum of such assistance and his weekly means as calculated under that Act for the purposes of obtaining such assistance, reduced by—

( a ) the amount of any increase in that assistance in respect of a qualified child or qualified children or a prescribed relative,

( b ) the amount of any increase in that assistance because that person has attained the age of 66 years and is living alone,

( c ) the amount of any increase in that assistance because that person has attained the age of 80 years.

(4) In calculating the means of a person deriving from a payment under Part II of the Act of 1981, no account shall be taken of—

( a ) any increase in that payment in respect of a qualified child or qualified children or a prescribed relative,

( b ) any increase in that payment because that person has attained the age of 66 years and is living alone, and

( c ) the amount of any increase in that payment because that person has attained the age of 80 years.

(5) In calculating the means of a person for any period in respect of which—

( a ) he is not in receipt of a payment under Part II of the Act of 1981, or

( b ) he is in receipt of a payment under Part II of the Act of 1981, but that payment does not include an increase in respect of a qualified child or qualified children, or

( c ) he is in receipt of unemployment assistance or supplementary welfare allowance,

an amount of £12 a week shall be disregarded in respect of each qualified child normally residing with that person or his spouse, not being a child in respect of whom an orphan's (contributory) allowance, an orphan's (non-contributory) pension or death benefit by way of orphan's pension is payable under the Act of 1981.

(6) For the purposes of this article, any question relating to the normal residence of a qualified child shall be decided in accordance with the Social Welfare (Normal Residence) Regulations, 1986 ( S.I. No. 367 of 1986 ).

(7) ( a ) In the case of a couple, the means of the claimant and his spouse shall be aggregated and shall be regarded as the means of the claimant.

( b ) In this sub-article—

"couple" means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as man and wife;

"spouse" means each person of a couple in relation to the other.

(8) Where the claimant is one of a married couple, only one of whom is in receipt of an old age pension, a blind pension or a carer's allowance under Part III of the Act of 1981, his weekly means shall be the sum of—

( a ) that pension or allowance, and

( b ) his weekly means and the weekly means of his spouse, as calculated under that Act for the purposes of that pension or allowance, and

( c ) the amount of any other payment to the claimant or his spouse by way of pension, allowance, assistance or benefit, excluding any orphan's (contributory) allowance or death benefit by way of orphan's pension, under Part II of that Act, or orphan's (non-contributory) pension, under Part III of that Act, reduced, where appropriate, in accordance with paragraphs (a) to (c) of sub-article (3) of this article, or paragraphs (a) to (c) of sub-article (4) of this article.

8 Increases in social welfare payments not to be reckoned as means.

8. Notwithstanding article 7 of these Regulations, where an allowance is in course of payment to or in respect of a person and—

( a ) (i) a payment of benefit, pension, allowance or assistance under Part II or Part III of the Act of 1981, or

(ii) a maintenance allowance under section 69 of the Health Act, 1970 , or

(iii) a payment under section 44 of the Health Act, 1947 (No. 28 of 1947), to a person suffering from an infectious disease,

is also in course of payment to or in respect of the person or the spouse of the person or both of them, and

( b ) an increase of any such benefit, pension, allowance or assistance occurs as part of a general increase in such benefit, pension, allowance or assistance,

any portion of that increase which, if it were reckoned as means, would result in a reduction in the amount of the allowance shall not be reckonable as means in calculating the means of the claimant for an allowance.

9 Allowance to be disregarded in calculating means for other purposes.

9. No account shall be taken of an allowance in the calculation of a person's means for the purpose of assistance under Part III of the Act of 1981 or for the purposes of amaintenance allowance under section 69 of the Health Act, 1970 , or a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease.

PART III ADMINISTRATION

CHAPTER 1 Claims and Payments

10 Claims to be made to the Minister.

10. Every claim for an allowance shall be made to the Minister in the form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances.

11 Information to be given when making a claim for and obtaining payment of an allowance.

11. (1) Every person who makes a claim for an allowance shall furnish such certificates, documents, information and evidence for the purpose of deciding the claim as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.

(2) Every beneficiary and every person by whom or on whose behalf an allowance is receivable shall—

( a ) furnish in such manner and at such times as the Minister may determine such certificates, documents and information affecting the right to an allowance or to the receipt thereof as the Minister may require, and

( b ) notify the Minister of any change of circumstances which affects the right to an allowance, or to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.

12 Time and manner of payment of an allowance.

12. (1) An allowance shall be paid in accordance with a decision under the provisions of the Act of 1981, as modified by these Regulations, as soon as is reasonably practicable after such decision has been given, at the residence of the beneficiary or any other person to whom an allowance is payable on behalf of the beneficiary, by post or otherwise.

(2) Payment of an allowance shall be made weekly or at such other intervals as the Minster may determine in relation to any particular case or class of cases.

13 Prescribed time for claiming allowance.

13. (1) The prescribed time for making a claim for an allowance shall be the period of three months from the day on which, apart from satisfying the condition of making a claim, the claimant would become entitled to the allowance.

(2) Where a person fails to make a claim for an allowance within the time prescribed in sub-article (1) of this article, he shall be disqualified for receiving payment in respect of any period before the date on which the claim is made.

(3) Where a claimant proves that there was good cause for his failure to make a claim for allowance before the date on which it was made, the Minister may extend the time within which the claim may be made to the date of the making of the claim.

(4) Where a claimant proves that—

( a ) on a date earlier than the date on which his claim was made, apart from satisfying the condition of making a claim, he was entitled to the allowance claimed, and

( b ) throughout the period between the earlier date and the date on which the claim was made there was good cause for delay in making the claim,

he shall not be disqualified under this article for receiving the allowance to which he would have been entitled if the claim had been made on the said earlier date.

(5) No sum shall be paid to any person on account of an allowance in respect of any period more than six months before the date on which the claim therefor is made in accordance with these Regulations.

14 Extinguishment of right to allowance not obtained within the prescribed time.

14. Where an allowance has been duly awarded to a claimant and is being paid to that claimant, the right to any sum payable by way of such allowance shall be extinguished where payment thereof is not obtained within three months or, where in any particular case the Minister so approves, six months from the date on which that sum is receivable under article 12 of these Regulations.

15 Offences.

15. A person who fails to comply with sub-article (2) of article 11 of these Regulations shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000 and, in the case of a continuing offence, to a fine not exceeding £1,000 for each day on which the offence is continued.

CHAPTER 2 Payments to Persons other than the Claimant.

16 Persons unable to act.

16. (1) Where a claimant or beneficiary is unable for the time being to act, or is a child under the age of 16 years, the Minister may appoint some other person to exercise on behalf of such claimant or beneficiary any right or power which the claimant or beneficiary may be entitled to exercise in relation to an allowance.

(2) The Minister may at any time revoke an appointment made under this article and a person appointed may resign on giving to the Minister one month's notice of his intention to do so.

(3) An appointment made under this article shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.

(4) A person appointed under this article may exercise on behalf of the claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise in relation to an allowance and may receive and deal with any sum payable by way of an allowance on behalf of such claimant or beneficiary.

(5) Anything required to be done to a claimant or beneficiary in relation to an allowance may be done as respects a claimant or beneficiary who is unable to act to the person appointed under this article to act on his behalf.

(6) The receipt of a person appointed under this article for any amount paid in accordance with this article shall be a good discharge to the Minister for any amount so paid.

17 Allowance paid to a person other than beneficiary.

17. (1) Where it appears to the Minister that it is necessary for protecting the interests of a beneficiary or of his dependants that an allowance should be issued to some other person, or where the beneficiary so requests, the Minister may determine that it shall be so issued.

(2) The receipt of a person appointed under this article to act for a claimant or beneficiary shall be a good discharge to the Minister for any sums paid to such person on behalf of the claimant or beneficiary.

18 Payments on death.

18. (1) On the death of a claimant or beneficiary the Minister may allow such person as he may think fit to proceed with or to make a claim for an allowance in the name of such claimant or beneficiary.

(2) On the death of a beneficiary, any sum payable in respect of an allowance may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows:—

( a ) where the beneficiary died leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum,

( b ) where the beneficiary died intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.

(3) The receipt of any person of the age of sixteen years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister for the sum so paid.

(4) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of sixteen, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he will apply the sum so paid for the benefit of the person under the age of sixteen.

(5) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.

PART IV Application of certain provisions of the Social Welfare Acts.

19 Application of the Act of 1981.

19. The provisions of the enactments mentioned in column(1) of Schedule A hereto shall apply to an allowance and in such application shall be modified so that the said provisions shall read as set out in column (2) of the said Schedule.

SCHEDULE A

Article 19

Title

(1)

Modification

(2)

Paragraphs (a), (b) and (c) of subsection (1) and subsection (2) of section 111 of the Act.

111.—(1) Every question arising—

(a) in relation to a claim for an allowance or,

(b) as to whether a person is or was disqualified for an allowance,

(c) as to the period of any disqualification for an allowance,

shall be decided by a deciding officer.

(2) A reference in this section to a question arising in relation to a claim for an allowance includes a reference to a question whether an allowance is or is not or was or was not payable.

Section 128 of the Act.

128.—(1) It shall be a condition of any person's right to an allowance that he makes a claim therefor in the prescribed manner.

(2) Regulations may provide for disqualifying a person for the receipt of an allowance if he fails to make his claim therefor within the prescribed time, but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claims may be made.

(3) For the purposes of regulations made under section 23 of the Act of 1982, any claim made by post shall be deemed to have been made on the day on which it was posted.

Section 143A of the Act (as inserted by section 13 of the Social Welfare Act, 1985 (No. 5 of 1985)).

143A.—(1 ) The Minister may, with the sanction of the Minister for Finance appoint such and so many persons as he thinks proper to be social welfare officers for the purpose of regulations made under section 23 of the Act of 1982.

(2) Every such officer shall investigate into and report to the Minister upon any application for or in respect of an allowance and any question arising on or in relation to such allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report require an applicant for an allowance or the spouse or any employer of the applicant to furnish him with such information and to produce to him such documents as he may reasonably require.

(3) A social welfare officer shall, for the purposes of regulations made under section 23 of the Act of 1982, have power to do all or any of the following things:—

(a) to enter at all reasonable times any premises or place liable to inspection under this section,

(b) to make such examination and enquiry as may be necessary for the purposes of the regulations made under section 23 of the Act of 1982,

(c) to examine either alone or in the presence of any other person, as he thinks fit, in relation to any matters on which he may reasonably require information for the purposes of regulations made under section 23 of the Act of 1982, every person he finds in any such premises or place and to require every such person to sign a declaration of the truth of the matters in respect of which he is so examined.

(4) The occupier of any premises or place liable to inspection under this section, and any other person who is or has been employing any applicant for any allowance and the servants and agents of such occupier or other person, and any applicant for an allowance shall furnish to a social welfare officer all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare officer may reasonably require for the purposes of regulations made under section 23 of the Act of 1982.

(5) If any person—

(a) wilfully delays or obstructs a social welfare officer in the exercise of any duty or power under this section, or

(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this section, or

(c) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a social welfare officer appointed under this section,

he shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment,

(ii) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment,

but no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself.

(6) Every social welfare officer shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this section shall, if so requested, produce the said certificate.

(7) The premises or places liable to inspection under this section are any premises or places where a social welfare officer has reasonable grounds for believing that—

(a) persons are, or have been, employed, or

(b) there are, or have been, self-employed persons,

and any premises or place where a social welfare officer has reasonable grounds for believing that any documents relating to persons in employment or to self-employed persons are kept.

Section 188 of the Act.

188.—(1) Every person—

(a) who, for the purpose of obtaining or continuing an allowance either for himself or for any other person, or for the purpose of obtaining or continuing an allowance for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or

(b) who knowingly obtains payment of, or continues to receive, an allowance which he is disqualified for receiving or to which he is not entitled or of an amount in excess of the amount to which he is entitled, or

(c) who knowingly obtains or receives any payment on account of an allowance which for any reason whatsoever is not payable to him,

shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

(2) A person convicted of an offence under subsection (1) in relation to an allowance shall be disqualified for receipt of such allowance for a period of 3 months immediately following the date of the conviction.

(3) This section shall apply with the necessary modification in the case of a person to whom an allowance is paid under regulations made under section 23 of the Act of 1982 for or for the benefit of any person.

(6) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person an allowance was allowed or awarded or that the amount of an allowance payable to or in respect of a person was varied and that the allowance as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the allowance was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of an allowance of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the allowance of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the allowance is varied or further varied, as the case may be, or the date on which the allowance ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

(7) Regulations under section 23 of the Act of 1982 may provide for offences consisting of contraventions of or failure to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £1,000 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

Section 192 of the Act.

192.—(1) If it is found at any time that a person has been in receipt of an allowance during any period during which that person was not entitled thereto, or has been in receipt of an allowance at a higher rate than that appropriate to the case, then that person or, in case that person is dead, that person's personal representative, shall be liable to pay to the Minister on demand any sums paid to that person in respect of the allowance during such period or, as the case may be, a sum representing the difference between an allowance at the rate actually paid and an allowance at the rate appropriate to the case.

(2) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of an allowance to which the person subsequently becomes entitled.

(3) Every sum paid to, or recovered by, the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(4) This section shall apply with the necessary modifications in the case of a person to whom an allowance is paid under any of the provisions of regulations made under section 23 of the Act of 1982 for or for the benefit of any person.

(5) The power conferred on the Minister by this section to deduct from any payments on account of an allowance to which a person becomes entitled any sums payable by the person to the Minister under this section may be exercised notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to pay to the Minister under this section, and any costs required by such order to be paid to the Minister shall be deemed, for the purposes of this section, to be sums payable by the person to the Minister under this section.

Section 295 of the Act of 1981.

295.—The Minister may appoint from his officers such and so many persons as he thinks proper to be deciding officers for the purposes of regulations made under section 23 of the Act of 1982, and every person so appointed shall hold office as a deciding officer during the pleasure of the Minister.

Section 297 of the Act of 1981.

297.—(1) The Minister may appoint from his officers such and so many persons as he thinks proper to be appeals officers for the purposes of regulations made under section 23 of the Act of 1982, and every person so appointed shall hold office as an appeals officer during the pleasure of the Minister.

(2) One of the appeals officers shall be designated by the Minister as the Chief Appeals Officer and another of them shall be designated by the Minister to act as the Deputy for the Chief Appeals Officer when that Officer is not available.

Section 298 of the Act of 1981 (with the exception of subsections (12) and (13).

298.—(1) If any person is dissatisfied with the decision given by a deciding officer, the question shall, on notice of appeal being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer.

(3) A deciding officer may, if he so thinks proper, instead of deciding it himself, refer in the prescribed manner any question which falls to be decided by him to an appeals officer.

(4) Regulations may provide for the procedure to be followed on appeals and references under this section.

(4A) Notwithstanding subsection (4), where the Minister or a person designated by him considers that the circumstances of a particular case warrant an oral hearing of the appeal, the Minister or any person so designated by him may direct the Chief Appeals Officer that the appeal be determined by the way of an oral hearing.

(5) An appeals officer, when deciding a question referred under subsection (1), shall not be confined to the grounds on which the decision of the deciding officer was based, but may decide the question as if it were being decided for the first time.

(6) The decision of an appeals officer on any question relating to an allowance shall, subject to section 300 (3) and 300 (4) of the Act of 1981, as applied and modified by these Regulations, be final and conclusive.

(7) An appeals officer shall, on the hearing of any matter referred to him under this section, have power to take evidence on oath and for that purpose may administer oaths to persons attending as witnesses at such hearing.

(8) An appeals officer may, by giving notice in that behalf in writing to any person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to such appeals officer under this section or to produce any documents in his possession, custody or control which relate to any such matter.

(9) A notice under subsection (8) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to that person at the address at which he ordinarily resides or at his place of business.

(10) A person to whom a notice under subsection (8) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any documents to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

(11) An appeals officer may, in relation to any matter referred to him under this section, award to any person any costs or expenses (including expenses representing loss of remunerative time) which he considers reasonable, and the award shall be payable by the Minister.

(14) Where a person required to attend to give evidence or to produce documents under subsection (8) fails to attend or to produce such documents, an appeals officer may, on serving notice on that person, apply to the District Court for an order directing that person to attend or to produce such documents as required.

Section 300 to the Act of 1981.

300.—(1) A deciding officer may, at any time and from time to time, revise any decision of a deciding officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which it was given or by reason of some mistake having been made in relation to the law or the facts, or if it appear to him that there has been any relevant change of circumstances since the decision was given, and the provisions as to appeals in sections 297 and 298 of the Act of 1981, as applied under section 23 of the Housing (Private Rented Dwellinigs) Act, 1982 shall apply to the revised decision in the same manner as they apply to an original decision.

(2) Subsection (1) shall not apply to a decision relating to a matter which is on appeal or reference under section 298 of the Act of 1981, as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982 unless the revised decision would be in favour of a claimant.

(3) An appeals officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts brought to his notice since the date on which it was given, or if it appears to him that there has been any relevant change of circumstances since the decison was given.

(4) The Chief Appeals Officer, may at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts.

(5) A revised decision given by a deciding officer or an appeals officer shall take effect as follows:—

(a) where an allowance is disallowed or reduced and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision took effect, but the original decision may, in the discretion of the deciding officer or appeals officer (as the case may be) continue to apply to any period covered by the original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate;

(aa) where any benefit, assistance, supplement or child benefit will, by virtue of the revised decision, be disallowed or reduced and the revised decision is given in the light of new evidence or new facts which have been brought to the notice of the deciding officer or appeals officer (as the case may be) since the original decision was given, it shall take effect from such date as that officer shall determine having regard to the new facts or new evidence;

(b) in any other case, it shall take effect as from the date considered appropriate by the deciding officer or appeals officer (as the case may be) but any payment of allowance already made at the date of the revision shall not be affected.

(6) Where it appears to the Minister that a question has arisen or may arise as to whether —

(a) the conditions for the receipt of an allowance payable under a decision are or were fulfilled, or

(b) a decision that such allowance is payable ought to be revised under this section

he may direct that payment of the allowance shall be suspended in whole or in part until the question has been decided.

(7) Where, in accordance with the provisions of the Act of 1981, as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982

(a) a decision is varied or reversed by a deciding officer or an appeals officer so as to disallow or reduce an allowance paid or payable to a person, and

(b) the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact,

any such allowance repayable in pursuance of the revised decision may, without prejudice to any other method of recovery, be recovered by deduction from either benefit (exept maternity benefit, orphan's (contributory) allowance or death benefit by way of orphan's pension) or assistance (except orphan's (non-contributory) pension or supplementary welfare allowance) to which such person then is or becomes entitled.

(8) A reference in this section to revision includes a reference to revision consisting of a reversal.

Section 301 of the Act of 1981.

301.—A document purporting to be a certificate of a decision by a deciding officer or an appeals officer and to be signed by him shall be prima facie evidence of the making of that decision, and of the terms thereof, without proof of the signature of such officer or of his official capacity.

Section 302 of the Act of 1981.

302.—Stamp duty shall not be chargeable upon any document by which any payment, refund, repayment or return pursuant to regulations made under section 23 of the Act of 1982, is made.

Section 304 of the Act of 1981.

304.—Every assignment of or charge on, and every agreement to assign or charge, and allowance shall be void and on the bankruptcy of any person entitled to an allowance, the allowance shall not pass to any trustee or other person acting on behalf of the creditors.

Section 19 of the Social Welfare Act, 1988 (No. 7 of 1988).

19.—Where—

(a) a person is charged with an offence in relation to the receipt of a rent allowance under section 188 of the Act of 1981, as applied under section 23 of the Act of 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 Social Welfare Act, 1988 (with the exception of subsection (8)).

20.—(1) Proceedings for an offence under section 188 of the Act of 1981, as applied under section 23 of the Act of 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 188 of the Act of 1981, as applied under section 23 of the Act of 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 188 of the Act of 1981, as applied under section 23 of the Act of 1982, 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 188 of the Act of 1981, as applied under section 23 of the Act of 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 as 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 regulations made under section 23 of the Act of 1982, 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.

(7) In any proceedings for an offence under section 188 of the Act of 1981, as applied under section 23 of the Act of 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.

SCHEDULE B

Article 4

Regulations Revoked

Number and Year

(1)

Title

(2)

Extent of Repeal

(3)

S.I. No. 220 of 1982

Social Welfare (Rent Allowance) Regulations, 1982

The whole Regulations

S.I. No. 186 of 1983

Social Welfare (Rent Allowance) Regulations, 1983

The whole Regulations

S.I. No. 352 of 1983

Social Welfare (Rent Allowance) (Amendment) Regulations, 1983

The whole Regulations

S.I. No. 171 of 1984

Social Welfare (Rent Allowance) (Amendment) Regulations, 1984

The whole Regulations

S.I. No. 236 of 1985

Social Welfare (Rent Allowance) (Amendment) Regulations, 1985

The whole Regulations

S.I. No. 218 of 1986

Social Welfare (Rent Allowance) (Amendment) Regulations, 1986

The whole Regulations

S.I. No. 152 of 1987

Social Welfare (Rent Allowance) (Amendment) Regulations, 1987

The whole Regulations

S.I. No. 178 of 1988

Social Welfare (Rent Allowance) (Amendment) Regulations, 1988

The whole Regulations

S.I. No. 187 of 1989

Social Welfare (Rent Allowance) (Amendment) Regulations, 1989

The whole Regulations

S.I. No. 187 of 1990

Social Welfare (Rent Allowance) (Amendment) Regulations, 1990

The whole Regulations

S.I. No. 302 of 1990

Social Welfare (Rent Allowance) (Amendment) (No. 2) Regulations, 1990

The whole Regulations

GIVEN under the Official Seal of the Minister for Social Welfare

this 7th day of July, 1991.

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 17th day of July, 1991.

ALBERT REYNOLDS

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for—

( a ) increases in the amount of means disregarded for the purposes of the rent allowance scheme and an increase in the minimum rent payable by the claimant,

( b ) the exemption of monies received from the Haemophilia Trust Fund and income derived from casual employment as a home help by a health board, and

( c ) changes in the means test provisions so as to treat cohabiting couples in the same manner as married couples.

In addition, these Regulations consolidate all of the regulatory provisions relating to the rent allowance scheme.