S.I. No. 220/1982 - Social Welfare (Rent Allowance) Regulations, 1982.

S.I. No. 220 of 1982.

SOCIAL WELFARE (RENT ALLOWANCE) REGULATIONS, 1982.

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 sub-sections (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, 1982.

2 Commencement.

2. These Regulations shall come into operation on the 26th day of July, 1982.

3 Interpretation.

3. In these Regulations unless the context otherwise requires—

"the Act of 1981" means the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"the Act of 1982" means the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982);

"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" means a child in respect of whom an increase of benefit, allowance, pension or assistance is payable under the Act of 1981 and in any other case a person who:—

( a ) is under the age of 18 years,

( b ) is ordinarily resident in the State, and

( c ) is not detained in a reformatory or an industrial school.

4 Conditions for receipt of allowance.

4. Subject to these Regulations, an allowance shall be payable to a person who is entitled to retain possession as the tenant of a dwelling under section 9 of the Act of 1982 provided that

( a ) the terms of the tenancy

(i) are fixed by a Court under the Act of 1982, and

(ii) 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

( b ) the tenancy and particulars of any new rent for the dwelling are registered in accordance with regulations made under section 24 of the Act of 1982.

5 Amount of allowance.

5. (1) For the purposes of this article "weekly means" shall be the weekly means as calculated under article 6.

(2) An allowance, in the case of a married person whose weekly means do not exceed £70 or in the case of any other person whose weekly means do not exceed £40, shall be a weekly amount equal to the amount by which the rent (calculated as a weekly rent) fixed by a Court on or after the date on which the Act of 1982 comes into operation exceeds the rent so calculated payable prior to that date except where the rent so calculated payable prior to that date was less than £3 in which case the allowance shall be an amount by which the rent so calculated fixed by a Court exceeds £3.

(3) An allowance, in the case of persons other than those mentioned in sub-article (2), shall be the amount of allowance that would arise if the provisions of that sub-article applied reduced

( a ) in the case of a married person, by 50p for each £1 of weekly means in excess of £70 but not exceeding £80 and by £1 for each £1 of weekly means in excess of £80, and

( b ) in any other case, by 50p for each £1 of weekly means in excess of £40 but not exceeding £45 and by £1 for each £1 of weekly means in excess of £45.

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

(5) Where a Court orders a tenant to pay an amount to the landlord under section 14 of the Act of 1982, such amount shall be converted to a weekly amount by reference to the period to which the order of the Court relates and sub-articles (2) and (3) shall apply in determining the amount of 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 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 a Court under the said section 14.

(6) Notwithstanding the provisions of sub-articles (2), (3) and (5), 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 qualified 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.

(7) Where the amount of an allowance under sub-article (2) or (3) or, where appropriate, the sum of any such allowance and an allowance under sub-article (5) otherwise payable would be less than £1, no allowance shall be payable.

6 Calculation of means.

6. (1) In calculating the means of a person, account shall 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 recieve 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 children's allowance under Part IV of the Act of 1981,

(ii) any sums received by way of orphan's (contributory) allowance or orphan's (non-contributory) 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 ) and

(iv) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person);

( b ) the value of any property belonging to such person (not being property personally used or enjoyed by him) which is invested or is otherwise put to profitable use or which, though capable of investment or profitable use, is not so invested or profitably used, 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 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 the person;

( 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 sub-article (1) (a), 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), the weekly means of a person in receipt of

old age pension

blind pension

widow's (non-contributory) pension

deserted wife's allowance

prisoners wife's allowance

social assistance allowance or

single woman's allowance

under Part III of the Act of 1981, shall be the sum of such pension or allowance and his weekly means as calculated under that Act for the purposes of obtaining such pension or allowance, reduced by,

( a ) the amount of any increase in that pension or allowance in respect of a prescribed relative,

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

( c ) the amount, if any, by which that pension or allowance, in the case of a person who has attained the age of 80 years, exceeds the payment which would apply if he had not attained that age, and

( d ) the appropriate amount set out in column 4, 4A, 5 or 5A of Part I of the Fourth Schedule to the Act of 1981, as amended, in respect of each qualified child, if any, who normally resides with him.

(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 the person receiving the payment has attained the age of 66 years and is living alone, and

( c ) the amount, if any, by which that payment, in the case of a person who has attained the age of 80 years, exceeds the payment which would apply if he had not attained that age.

(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 such a payment which does not include an increase in respect of a qualified child or qualified children, or

( c ) he is not in receipt of a pension or allowance specified in sub-article (3),

amounts 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 or an orphan's (non-contributory) pension is payable under the Act of 1981, as follows:

£6.55 a week for the first child,

£7.45 a week for the second child,

£5.80 a week for each of the next 3 children, and

£4.65 a week for each additional child.

(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 provisions of the Social Welfare (Normal Residence) Regulations, 1974 and 1978.

(7) In calculating the means of a person deriving from a payment under Part II of Part III of the Act of 1981 no account shall be taken of any increase in that payment in respect of an adult dependant, being an adult dependant referred to in section 2 (1) (c) of the Act of 1981.

(8) ( a ) In the case of a married person, the means of the claimant and spouse shall be aggregated and shall be regarded as the means of the claimant.

( b ) Where the claimant is one of a married couple only one of whom is in receipt of an old age pension or a blind pension under Part III of the Act of 1981, his weekly means shall be the sum of that pension, his weekly means and the weekly means of his spouse as calculated under that Act for the purposes of that pension and 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 orphans (non-contributory) pension under Part II or III of that Act, reduced where appropriate in accordance with sub-paragraphs (a) to (b) of sub-article (3) or sub-paragraphs (a) to (c) of sub-article (4).

(9) Weekly means shall be the yearly means divided by 52.

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

7. 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 the Health Acts, 1947 to 1981.

PART II. Application of certain provisions of the Social Welfare (Consolidation) Act, 1981 .

8 ..

8. The provisions of the enactments mentioned in the first column of the Schedule hereto shall apply to an allowance and in such application shall be modified so that the said provisions shall read as set out in the second column of the said Schedule.

PART III. Claims and Payments.

9 Claims to be made to the Minister.

9. (1) Every claim for an allowance shall be made in writing to the Minister in the form for the time being approved by the Minister or in such other manner as may be acceptable to the Minister in the circumstances of any particular case or class of cases.

(2) Any claim made by post shall be deemed to have been made on the day on which it was posted.

10 Information to be given when making a claim for an allowance.

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

11 Prescribed time for claiming an allowance.

11. (1) The prescribed time for making a claim for an allowance shall be the period of three months from the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto.

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

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 Minister may determine in relation to any particular case of class of cases.

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

13. The right to any sum payable by way of an 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 payable under article 12 of these Regulations.

14 Persons unable to act.

14. (1) Where a claimant or beneficiary is unable for the time being to act or is a child under the age of sixteen years the Minister may appoint some other person to exercise on behalf of such claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise under these Regulations and any such person may receive and deal with any sum payable by way of an allowance on behalf of such claimant or beneficiary.

(2) The Minister may at any time revoke the appointment of a person appointed under sub-article (1).

(3) Anything required to be done by or under these Regulations in respect of a claimant or beneficiary may be done as respects a person appointed under this article to act for such claimant or beneficiary.

(4) 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 of beneficiary.

15 Allowance paid to other than beneficiary.

15. (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.

16 Information to be given when obtaining payment of allowance.

16. Every beneficiary and every person by whom or on whose behalf an allowance is receivable shall furnish in such manner and at such times as the Minister may determine such certificates and other documents and such information affecting the right to such allowance or to the receipt thereof as the Minister may require and in particular shall notify the Minister of any change of circumstances which such beneficiary or person might reasonably be expected to know might affect the right to an allowance, or to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.

17 Payment on death.

17. (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 to or among such persons as appear to the Minister to be beneficially entitled thereto.

(3) 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.

SCHEDULE.

Article 8.

Title		Modification
Section 111 of the Act of 1981		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,
		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 not payable.
Section 116 of the Act of 1981		116.—(1) Proceedings for an offence under section 231 of this Act as applied under section 23 of the Housing (Private Rented Dwellings) Act, 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 an offence under section 231 of this Act as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982 may be brought at the suit of the Minister.
		(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under section 231 of this Act as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982 may be brought at any time within whichever of the following periods later expires—
		(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or
		(b) the period of two years commencing on the date on which the offence was committed.
		(4) For the purpose of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.
		(5) In any proceedings for an offence under section 231 of this Act as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982 the wife or husband of the person charged with the offence shall, notwithstanding any other Act, 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.
		(6) Where in a prosecution for an offence under section 231 of this Act as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982 it is shown to the satisfaction of the Court—
		(b) that as a result of that application an allowance has been paid to any person, 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.
Subsections (1) and (2) of section 227 of the Act of 1981		227.—(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be social welfare officers for the purposes of the Social Welfare (Rent Allowance) Regulations, 1982.
		(2) Every such officer shall investigate into and report to the Minister upon any claim for or in respect of an allowance and any question arising on or in relation to an allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require any claimant for an allowance to furnish him with such information and to produce to him for inspection such documents relative to the claim as such officer may reasonably require.
Section 229 of the Act of 1981		229.—(1) If it is found at any time that a person has been in receipt of an allowance to which he was not entitled or has been in receipt of an allowance at a higher rate than that appropriate to the case then he, or his personal representative, shall be liable to pay to the Minister on demand any sums paid to such person in respect of the allowance, or as the case may be, a sum representing the difference between the 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 such 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 such person subsequently becomes entitled.
		(3) Every sum repaid 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 and who is not the person to whom such an allowance is granted.
Subsections (1) and (3) of section 231 of the Act of 1981		231.—(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 to which he is not 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 £500 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 £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
		(3) Subsection (1) shall apply with the necessary modifications in the case of a person to whom an allowance is paid and who is not the person to whom the allowance is granted.
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 the Social Welfare (Rent Allowance) Regulations, 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 the Social Welfare (Rent Allowance) Regulations, 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 to be 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.
		(3) The Chief Appeals Officer shall be responsible for the distribution amongst the appeals officers of the references to them and for the prompt consideration of such references.
Section 298 of the Act of 1981 with the exception of subsection (2)		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 Minister 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 any question which falls to be decided by him to an appeals officer.
		(4) The prodecure to be followed on appeals and references under this section shall be set out in articles 4 to 9 and 11 to 16 of the Social Welfare (Insurance Appeals) Regulations, 1952 ( S.I. No. 376 of 1952 ).
		(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 this Act as applied under Section 23 of the Housing (Private Rented Dwellings) Act, 1982 , 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.
		(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 document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.
		(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.
Section 300 of 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 apears 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 this Act as applied under section 23 of the Housing (Private Rented Dwellings) 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 this Act 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 decision was given.
		(4) The Chief Appeals Officer may, at any time and from time to time, revise any decision of an appeals if it appears to him that the 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;
		(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 this Act, as applied under section 23 of the Housing (Private Rented Dwellings) Act, 1982 :—
		(a) a decision is varied or reversed by a deciding offficer 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 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 (except maternity benefit, orphan's (contributory) allowance or supplementary benefit under Part V) 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 the Social Welfare (Rent Allowance) Regulations 1982, is made.
Section 304 of the Act of 1981		304.—Every assignment of or charge on, and every agreement to assign or charge, any 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.

GIVEN under the Official Seal of the Minister for Social Welfare

this 14th day of July, 1982.

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 14th

day of July, 1982.

RAY MacSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

The Housing (Private Rented Dwellings) Act, 1982 makes provision for the payment, subject to Regulations, of rent allowances to tenants of dwellings which were subject to rent control under the Rent Restrictions Acts, 1960 and 1967 who would otherwise suffer hardship because of increases in their rents on the ending of rent control.

These Regulations prescribe the conditions applying to an allowance including the means test and set out how the amount of an allowance is calculated. The Regulations also deal with the manner in which claims for an allowance are to be made, the information to be given when claiming, the time for making claims and the time and manner of payment of an allowance. Provision is made for the extinction of the right to sums payable where payment is not obtained in time.

Power is given to the Minister to appoint persons to act for a claimant or beneficiary who is unable to act or who is a child under the age of 16 or to issue an allowance to a person other than the claimant where such action is necessary to protect the interests of a beneficiary or his dependants.

The Regulations also apply to an allowance provisions (modified as appropriate) of the Social Welfare (Consolidation) Act, 1981 in relation to such matters as decisions and appeals, false statements and prosecutions and repayment of allowances overpaid.