S.I. No. 354/2002 - Social Welfare (Rent Allowance) (Amendment) (No. 1) Regulations, 2002

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by section 23 (as amended by section 26 of the Social Welfare Act, 1989 (No. 4 of 1989) ) and section 28 (inserted by section 20 of the Housing (Miscellaneous Provisions Act, 2002 (No. 9 of 2002) ) 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. 1) Regulations, 2002.

(2) These Regulations and the Social Welfare (Rent Allowance) Regulations, 1998 to 2002 shall be construed together as one and may be cited as the Social Welfare (Rent Allowance) Regulations, 1998 to 2002.

Commencement.

2. These Regulations come into operation on 26 July 2002.

Definition.

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

Amendment to principal regulations.

4. The Principal Regulations are amended by -

(a)  the substitution for article 6 of the following article:

“6. Subject to these Regulations, an allowance shall be payable to a person who satisfies the conditions as to means specified in these Regulations and 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, or

(b)  is, on 25 July 2002, a tenant of a dwelling to which section 8 (1) of the Act of 1982 applies and whose entitlement to retain possession of the dwelling concerned subsists after 25 July 2002 by operation of law or otherwise:

Provided that -

(i)    (I) the terms of the tenancy as fixed by a Court under the Act of 1982, or by the Tribunal or by a rent officer under the Act of 1983, which applied on 25th July 2002 continue to apply, 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, or

(II) the terms of the tenancy are fixed by a Court under Part II of the Landlord and Tenant (Amendment) Act 1980 (No. 10 of 1980), 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.”,

and

(b)  the substitution in article 7 (2) (inserted by article 5 of the Social Welfare (Rent Allowance) (Amendment) (No. 2) Regulations, 2001 ( S.I. No. 651 of 2001 ) ) for “EUR 274.10” of “EUR 461.10” in each place where that amount occurs and for “EUR 154.30” of “EUR 347.30” in each place where that amount occurs.

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

EXPLANATORY NOTE

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

These Regulations provide for the continuation of entitlement to Rent Allowance to successor tenants for whom the protection of the 1982 Housing Act ceases on 26th July 2002. Article 6 amends the scope of the current Regulations to include cases where (1 the amount of rent applicable on 25th July 2002 continues to apply or (2) where the amount of rent has been set by the Circuit Court under the Landlord and Tenant (Amendment) Act, 1980 .

These Regulations also provide for increases in the amount of means which are subject to a 50% taper for the purposes of the Rent Allowance scheme with effect from 26th July 2002. In the case of a married person the amount is increased by EUR 187 (to EUR 461.10) per week and in the case of a single person by EUR 193 (to EUR 347.30) per week.