Social Welfare and Pensions Act 2007

36.

Supplementary welfare allowance — calculation of means amendments.

36.— Part 4 of Schedule 3 to the Principal Act is amended—

( a) in Rule 1—

(i) by substituting the following for paragraph (1):

“(1) other than in the circumstances and subject to the conditions and for the periods that may be prescribed, the weekly value of property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him or her) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use and the weekly value, calculated in accordance with reference 3 of Table 1 to this Schedule, constitutes the weekly means of a person from that property;”,

(ii) in paragraph (2)( b)—

(I) in clause (iv), by deleting “and”,

(II) by inserting the following after clause (iv):

“(iv a) any moneys received by way of guardian’s payment (contributory), guardian’s payment (non-contributory) or respite care grant, and”,

and

(III) by substituting the following for clause (v):

“(v) in the case of a person in receipt of a supplement under section 198 towards the amount of mortgage interest or rent payable by the person in respect of his or her residence:

(I) an amount equal to any additional income, where that income arises from any employment or training that may be prescribed and is not in excess of €75, or an amount equal to 25 per cent of any such additional income in excess of €75 and subject to a minimum disregard of €75, when such additional income has been reduced by the aggregate of—

(A) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001),

(B) any amount deducted from reckonable earnings under section 13 and regulations made under section 14,

(C) any amount deducted from reckonable earnings under section 5 of the Health Contributions Act 1979, and

(D) an amount equal to the amount of reduction, if any, in the rate of jobseeker’s allowance or one-parent family payment under Part 3 consequent on receipt of those earnings from employment;

(II) the amount by which carer’s allowance exceeds the amount of supplementary welfare allowance set out in column (3) at reference 10 of Part 1 of Schedule 4, in the case of a claimant, or his or her spouse, who is in receipt of carer’s allowance under Part 3;

(III) the amount by which carer’s allowance exceeds the amount of supplementary welfare allowance set out in column (2) at reference 10 of Part 1 of Schedule 4, in the case of a claimant who, not being one of a couple, is in receipt of carer’s allowance under Part 3;

(IV) the amount payable under section 186A;”,

and

( b) by inserting the following Rule after Rule 1:

“1A. (1) For the purposes of determining non-cash benefits referred to in Rule 1(2) in determining entitlement to a rent or mortgage interest supplement payable under section 198, the weekly net cash value to the person of his or her annual housing costs actually incurred and paid by a liable relative shall be calculated as follows:

( a) the weekly value of €4,952 per annum shall be assessed in full;

( b) the weekly value of so much of the housing costs actually incurred and paid by a liable relative as exceeds €4,952 per annum but does not exceed €8,852 per annum, shall be disregarded;

( c) the weekly value of so much of the housing costs actually incurred and paid by a liable relative as exceeds €8,852 per annum shall be assessed at 75 cent per each €1.

(2) In assessing the means of a person for the purpose of a rent or mortgage interest supplement payable under section 198, where a claimant has attained the age of 65 years, and his or her combined household income is greater than the rate of supplementary welfare allowance appropriate to his or her circumstances, an amount equal to the difference between the maximum rate of State pension (contributory) appropriate to his or her circumstances and the said rate of supplementary welfare allowance shall be disregarded.

(3) Where a person or his or her spouse has any additional income to which Rule 1(2)( b)(iv), Rule 1(2)( b)(v)(I) or Rule 1A(1) may apply, only one such Rule shall apply, being whichever is the more favourable.

(4) Subject to paragraph (5), Rules 1(1), 1(2)( b)(iv a), 1(2)( b)(v) and 1A shall not have the effect of reducing the rate of supplementary welfare allowance below the rate payable immediately before the commencement of section 36 of the Social Welfare and Pensions Act 2007.

(5) Paragraph (4) shall cease to apply to any person where his or her means have increased.’’.