S.I. No. 143/1995 - Social Welfare (Rent Allowance) (Amendment) Regulations, 1995.


S.I. No. 143 of 1995.

SOCIAL WELFARE (RENT ALLOWANCE) (AMENDMENT) REGULATIONS, 1995.

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 subsections (2) and (3) of section 4 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

1 Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Rent Allowance) (Amendment) Regulations, 1995.

(2) The Social Welfare (Rent Allowance) Regulations, 1991 to 1994 and these Regulations shall be construed together as one and may be cited together as the Social Welfare (Rent Allowance) Regulations, 1991 to 1995.

2 Commencement.

2. These Regulations shall come into operation on the 15th day of June, 1995.

3 Amount of rent allowance.

3. Article 6 of the Social Welfare (Rent Allowance) Regulations, 1991 ( S.I. No. 208 of 1991 ) is hereby amended by—

( a ) the substitution for sub-articles (1) and (2) (inserted by article 4 of the Social Welfare (Rent Allowance) (Amendment) Regulations, 1994 ( S.I. No. 240 of 1994 )) of the following sub-articles:

"(1) An allowance, in the case of—

( a ) a married person whose weekly means do not exceed £125, or

( b ) any other person whose weekly means do not exceed £73,

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 £5.85, 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 £5.85.

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

( a ) in the case of a married person, by 50p for each £1 of weekly means in excess of £125, but not exceeding £135, and by £1 for each £1 of weekly means in excess of £135, and

( b ) in any other case, by 50p for each £1 of weekly means in excess of £73, but not exceeding £78, and by £1 for each £1 of weekly means in excess of £78.", and

( b ) the substitution in paragraph (b) of sub-article (6) for "21 years" of "22 years".

GIVEN under the Official Seal of the Minister for Social Welfare, this 29th day of May, 1995.

PROINSIAS DE ROSSA,

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 29th day of May, 1995.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE

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.

Under existing provisions, the amount of the allowance payable may be reduced where a person, other than the spouse or a child of the tenant, resides in the dwelling. These Regulations extend the definition of child used for this purpose to include 21 year olds in full-time education.