S.I. No. 651/2001 - Social Welfare (Rent Allowance) (Amendment) (No.2) Regulations, 2001


The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by section 23 (as amended by section 26 of the Social Welfare Act, 1989 (No. 4 of 1989)) of the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982) and subsections (2) and (3) of section 4 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Rent Allowance) (Amendment) (No. 2) Regulations, 2001.

(2) These Regulations and the Social Welfare (Rent Allowance) Regulations, 1998 to 2001 shall be construed together as one and may be cited as the Social Welfare (Rent Allowance) Regulations, 1998 to 2001.

Commencement.

2. These Regulations come into operation on 3 January 2002.

Definition.

3. In these Regulations “the Principal Regulations” means the Social Welfare (Rent Allowance) Regulations, 1998 ( S.I. No. 188 of 1998 ).

Revocation.

4. Article 5 of the Social Welfare (Rent Allowance) (Amendment) Regulations, 2001 ( S.I. No. 100 of 2001 )) is revoked.

Amount of rent allowance.

5. Article 7 of the Principal Regulations is amended by the substitution for sub-articles (1) and (2) (both amended by article 4 of the Social Welfare (Rent Allowance) (Amendment) Regulations, 2001 ( S.I. No. 100 of 2001 )) of the following sub-articles:

“(1) An allowance, in the case of -

(a)  a married person whose weekly means do not exceed EUR 261.10, or

(b)  any other person whose weekly means do not exceed EUR 147.30,

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 the 26th day of 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 EUR 10, 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 EUR 10.

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

(a)  in the case of a married person, by 50 cent for each EUR 1 of weekly means in excess of EUR 261.10, but not exceeding £274.10, and by EUR 1 for each EUR 1 of weekly means in excess of EUR 274.10, and

(b)  in any other case, by 50 cent for each EUR 1 of weekly means in excess of EUR 147.30, but not exceeding EUR 154.30, and by EUR 1 for each EUR 1 of weekly means in excess of EUR 154.30.”.

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GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 18th day of December, 2001.

DERMOT AHERN

Minister for Social, Community and Family Affairs.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Finance this 20th day of December, 2001.

CHARLIE MC CREEVY

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

These Regulations provide for increases in the amount of means disregarded for people affected by the decontrol of rents and the minimum rent for the purposes of the Rent Allowance scheme with effect from 3rd January 2002.