Housing (Miscellaneous Provisions) Act 1997

Supplementary welfare allowance.

16

16.The Social Welfare (Consolidation) Act, 1993, is hereby amended by the insertion of the following section after section 179:

“179A.— (1) This section applies to a person who—

( a) has been required to deliver up possession of a dwelling provided by a housing authority or a body approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 and the reasons for such requirement include anti-social behaviour or the interests of good estate management, or

( b) is a person to whom a letting has been refused or deferred under section 14 of the Housing (Miscellaneous Provisions) Act, 1997, or

( c) is a respondent to an excluding order or an interim excluding order made under section 3 or 4 of the Housing (Miscellaneous Provisions) Act, 1997, or

( d) is a person who has been directed to leave a house under section 20 of the Housing (Miscellaneous Provisions) Act, 1997.

(2) A health board may determine that, notwithstanding anything contained in any enactment, a person to whom this section applies shall not be entitled to a payment to supplement the person's income in respect of rent or mortgage interest, or may terminate or suspend the payment.

(3) Where a person to whom this section applies resides with another person who is in receipt of, or would but for this section be entitled to a supplement in respect of rent or mortgage interest, the health board may, notwithstanding anything contained in any enactment, determine that the amount of the supplement payable shall be reduced by such amount as, in the opinion of the board, is reasonably attributable to the first mentioned person.

(4) In making a determination under subsection (2) or (3), the board shall have regard to any information provided by a housing authority or a specified person referred to in section 15 of the Housing (Miscellaneous Provisions) Act, 1997, in relation to a person to whom this section applies.

(5) For the purposes of this section—

mortgage interest’ means such proportion of any amount payable by a person to a mortgage lender as is for the time being attributable to interest under an agreement entered into by the person with the mortgage lender for the purpose of defraying money employed to purchase, repair or improve that person's dwelling or to pay off another loan used for such purpose;

mortgage lender’ has the meaning assigned to it by section 2 (1) of the Consumer Credit Act, 1995;

rent’ includes any periodic payment in the nature of rent made in return for a special possession of a dwelling or for the use, occupation or enjoyment of a dwelling.”.