International Protection Act 2026
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Regulations (section 205) | ||
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212. (1) The Minister shall, for the purposes of section 205 (6)(a), prescribe a minimum level of income. | ||
(2) In making regulations under subsection (1) the Minister shall have regard to— | ||
(a) annual and quarterly data on earnings and labour costs published by the Central Statistics Office, | ||
(b) the average cost of living in the State having regard to the most recent information made available by the Central Statistics Office, | ||
(c) the interests of a sponsor in being reunited with his or her family members (within the meaning of section 205 ), | ||
(d) the economic and social well-being of the State, | ||
(e) the power of the Executive in relation to the control of entry into, and presence in, the State, of non-nationals, and | ||
(f) such other matters as the Minister considers appropriate. | ||
(3) The Minister shall, with the consent of the Minister for Social Protection and for the purposes of section 205 (6)(b), prescribe: | ||
(a) a payment or class or classes of payments under the Social Welfare Consolidation Act 2005 ; | ||
(b) a payment or class or classes of payments under schemes administered by the Minister for Social Protection. | ||
(4) The Minister shall, with the consent of the Minister for Housing, Local Government and Heritage and for the purposes of section 205 (6)(b), prescribe: | ||
(a) a social housing support provided, facilitated or managed under section 19 of the Housing (Miscellaneous Provisions) Act 2009 or a class or classes of such supports; | ||
(b) accommodation or lodgings made available, or assistance provided, under section 10 of the Housing Act 1988 or a class or classes of such accommodation, lodgings or assistance. | ||
(5) In making regulations under subsection (3) or (4) the Minister shall have regard to— | ||
(a) the nature and purpose of a payment, social housing support, accommodation, lodgings or assistance including whether any is means-tested, | ||
(b) the extent to which receipt by a person of a payment, social housing support, accommodation, lodgings or assistance is indicative of an absence of sufficient resources for a sponsor and his or her family members not to become an unreasonable burden on the State, | ||
(c) whether, in the case of regulations under subsection (4), the social housing support, accommodation, lodgings or assistance, as the case may be, is intended primarily as long-term maintenance, subsistence or housing support, | ||
(d) the objectives of promoting the self-sufficiency of sponsors and ensuring the sustainable use of the resources of the State, and | ||
(e) such other matters as the Minister considers appropriate. | ||
(6) Without prejudice to the generality of subsection (1), regulations made under that subsection may prescribe different minimum levels of income in respect of different classes of sponsors and in respect of different classes of family members in respect of whom an application under section 205 (1) is made. | ||
(7) Without prejudice to the generality of subsection (3), regulations made under that subsection may prescribe different payments or different class or classes of payments in respect of different classes of sponsors and in respect of different classes of family members in respect of whom an application under section 205 (1) is made. | ||
(8) Without prejudice to the generality of subsection (4), regulations made under that subsection may prescribe different social housing supports, accommodation, lodgings or assistance or different class or classes of social housing supports, accommodation, lodgings or assistance in respect of different classes of sponsors and in respect of different classes of family members in respect of whom an application under section 205 (1) is made. | ||
(9) Regulations made under subsection (1), (3) or (4) may provide for exemptions from any of the requirements of the regulations for a specified class or classes of sponsors. |