Social Welfare And Pensions (No. 2) Act 2009

Weekly or monthly supplements — amendment.

14.— Section 198 of the Principal Act is amended by substituting the following subsection for subsection (3F) (inserted by section 7 of the Act of 2009)—

“(3F) A person shall not be entitled to a payment referred to in subsection (3) unless, on the making of the application, the Executive is satisfied that the person is a bona fide tenant, and has been—

(a) assessed by a housing authority pursuant to section 9 of the Housing Act 1988 (as amended by section 75 of the Health Act 2004 ) as having a housing need,

(b) residing, for the period that is prescribed, in rented accommodation in respect of which—

(i) there was at the commencement of the tenancy, an expectation that, in so far as was reasonable in all the circumstances, the person could pay the rent into the future, and

(ii) the person was in a position to pay the rent at the commencement of the tenancy,

and subsequent to the commencement of the tenancy the person has experienced a substantial change in his or her circumstances and is unable to pay the rent and such change in circumstances has not been caused by that person,

(c) residing, for the period that is prescribed, in accommodation for homeless persons as provided under section 10 of the Housing Act 1988 , or

(d) residing, for the period that is prescribed, in an institution.”.