Social Welfare (Miscellaneous Provisions) Act 2008

Supplementary welfare allowance — amendments.

14.— (1) Section 187 of the Principal Act is amended by inserting the following definitions:

“ ‘mortgage interest’ means the proportion of any amount payable by a person to a mortgage lender which is for the time being attributable to interest payable under an agreement entered into by that person with the mortgage lender for the purpose of defraying money employed in the purchase, repair or essential improvement of the sole or main residence of that person or to pay off another loan used for that purpose but does not include interest payable in relation to such agreement by virtue of a delay or default in making a repayment under that agreement;

‘ mortgage lender ’ has the meaning given to it by section 2(1) (as amended by section 2 of, and Schedule 3 to, the Central Bank and Financial Services Authority of Ireland Act 2004 ) of the Consumer Credit Act 1995 ;”.

(2) Section 198 (as amended by section 25 of the Social Welfare and Pensions Act 2007 ) of the Principal Act is amended—

(a) in subsection (2), by substituting “and, subject to subsection (3E), the amount of such a payment” for “and the amount of such a payment”,

(b) in subsection (3), by inserting “, (3E)” after “(3D)”,

(c) by inserting the following subsection after subsection (3D):

“(3E) Without prejudice to the generality of subsections (1), (2) and (3), and subject to subsections (3A), (3B), (3D) and (4), where regulations under this section provide for the payment of a supplement towards the amount of rent payable by a person in respect of his or her residence, the regulations shall prescribe the maximum amount of rent in respect of which such supplement is payable having regard to the family circumstances of the person to whom such supplement is payable and the location of the residence of that person.”,

(d) in subsection (5), by deleting “in respect of his or her residence”, and

(e) by inserting the following subsections after subsection (5):

“(5A) Without prejudice to subsections (2) and (5), regulations under subsection (1) may prescribe the conditions and circumstances under which, and the periods for which, the supplement referred to in subsection (5), is payable.

(5B) The amount of a supplement payable in accordance with subsection (5) shall be limited to the amount and duration determined by the Executive to be appropriate, having regard to the family circumstances of the person concerned and subject to the conditions and circumstances and the period for which the supplement is payable, as may be prescribed.”.

(3) Section 199(1) of the Principal Act is amended by deleting the definitions of “mortgage interest” and “mortgage lender”.