S.I. No. 187/1989 - Social Welfare (Rent Allowance) (Amendment) Regulations, 1989.

S.I. No. 187 of 1989.

SOCIAL WELFARE (RENT ALLOWANCE) (AMENDMENT) REGULATIONS, 1989.

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 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981 ), hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (Rent Allowance) (Amendment) Regulations, 1989.

(2) These Regulations and the Social Welfare (Rent Allowance) Regulations, 1982 to 1988, shall be construed as one and may be cited together as the Social Welfare (Rent Allowance) Regulations, 1982 to 1989.

2. These Regulations shall come into operation on the 20th day of July, 1989.

3. In these Regulations—

"the Principal Regulations" means the Social Welfare (Rent Allowance) Regulations, 1982 ( S.I. No. 220 of 1982 );

"the Regulations of 1988" means the Social Welfare (Rent Allowance) (Amendment) Regulations, 1988 ( S.I. No. 178 of 1988 ).

4. The Principal Regulations (as amended by the Regulations of 1988) are hereby amended by—

( a ) the substitution in article 5 (2) of—

(i) "£102" for "£99",

(ii) "£59" for "£57", and

(iii) "£4.60" for "£4.50" in each case in which the latter sum appears;

( b ) the substitution in article 5 (3) (a) of—

(i) "£102" for "£99" and

(ii) "£112" for "£109" in each case in which the latter sum appears;

( c ) the substitution in article 5 (3) (b) of—

(i) "£59" for "£57" and

(ii) "£64" for "£62" in each case in which the latter sum appears;

( d ) the insertion in article 6 (1) (a) (ii) after the words "orphan's (non-contributory) pension" of "or death benefit by way of orphan's pension";

( e ) the substitution for article 6 (5) of the following sub-article—

"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 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)

an amount of £10 a week 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, an orphan's (non-contributory) pension or death benefit by way of orphan's pension is payable under the Act of 1981.";

( f ) the insertion in article 6 (8) (b) after the words "orphan's (non-contributory) pension" of "or death benefit by way of orphan's pension".

GIVEN under the Official Seal of the Minister for Social Welfare this 19th day of July,

1989.

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 19th day of July,

1989.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations amend the rules for the calculation of the amount of a rent allowance so as to take account of general increases in social welfare payments from July, 1989. The Regulations also exempt orphan's pensions payable under the occupational injuries benefit scheme from being assessed as means for the purposes of the rent allowance.