Social Welfare and Pensions Act 2009

7.

Supplementary welfare allowance — amendments.

7.— The Principal Act is amended—

( a) by the substitution for section 197 of the following section:

“197.— (1) In the case of a person who has no means as determined by this Chapter and subject to a payment under section 198, the weekly amount of supplementary welfare allowance payable shall be as set out in column (2) at reference 10( a) of Part 1 of Schedule 4 (as inserted by section 11(b) of the Social Welfare and Pensions Act 2009), increased by—

( a) the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has a qualified adult subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this paragraph in respect of more than one person, and

( b) the appropriate amount set out in column (4) of that Part in respect of each qualified child.

(2) Notwithstanding subsection (1), in the case of a person who has not attained the age of 20 years who has no means as determined by this Chapter and who is not entitled to an increase in respect of a qualified child, subject to any payment under section 198, the weekly amount of supplementary welfare allowance payable shall be as set out in column (2) at reference 10( b) of Part 1 of Schedule 4 (as inserted by section 11(b) of the Social Welfare and Pensions Act 2009), increased by the amount set out in column (3) of that Part for any period during which the beneficiary has a qualified adult subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.

(3) Subsection (2) shall not apply in the case of a claim for supplementary allowance where the claimant—

( a) has been in continuous receipt of the allowance from a date on or before 29 April 2009, or

( b) has attained the age of 18 years and has not attained the age of 20 years and at any time during the period of 12 months before he or she has so attained the age of 18 years—

(i) he or she was in or was placed in the care of the Executive pursuant to an order of the High Court, or

(ii) he or she was in or was placed in the care of the Executive—

(I) pursuant to an order of the District Court or the Circuit Court on appeal from the District Court made under Part III, IV, IVA, (inserted by section 16 of the Children Act 2001) or VI of the Child Care Act 1991,

(II) under a voluntary care arrangement pursuant to section 4 of the Child Care Act 1991, or

(III) under an accommodation arrangement pursuant to section 5 of the Child Care Act 1991.”,

( b) in section 198 by the insertion after subsection (3E) (inserted by section 14 of the Social Welfare (Miscellaneous Provisions) Act 2008) of the following subsection:

“(3F) A person shall not be entitled to a payment referred to in subsection (3) unless on the making of the application, the Executive is satisfied that the person—

( a) is a bona fide tenant,

( b) has been—

(i) assessed by a housing authority pursuant to section 9 of the Housing Act 1988 (as amended by section 75 of the Health Act 2004) as having a housing need, or

(ii) has been, for the period that is prescribed, residing in—

(I) rented accommodation, or

(II) accommodation for homeless persons as provided under section 10 of the Housing Act 1988.”,

and

( c) in section 198 by inserting the following subsections after subsection (6):

“(7) As respects the supplement payable to a person under subsection (3) or any regulations made thereunder, the amount of the supplement payable on or after 1 June 2009 shall be calculated by—

( a) deducting the sum of €6 from the amount of that supplement that would be payable per week on 31 May 2009 to the person if they were being paid on a weekly basis (whether or not they were being so paid),

( b) multiplying the sum achieved by making the calculation referred to in paragraph ( a) by 8 per cent subject to the total amount being rounded up to the nearest €1 where it is a multiple of 50 cent but not also a multiple of €1 and being rounded to the nearest €1 where it is not a multiple of 50 cent or €1,

( c) deducting the sum achieved by making the calculation referred to at paragraph ( b) from the sum achieved by making the calculation referred to at paragraph ( a).

(8) As respects the supplement payable to a person under subsection (5) or any regulations made thereunder, the amount of the supplement payable on or after 1 June 2009 shall be calculated by deducting the sum of €6 from the amount of that supplement that would be payable per week on 31 May 2009 to the person if they were being paid on a weekly basis (whether or not they were being so paid).

(9) Subsection (7) or (8) shall not apply to a determination or a revised determination of an employee of the Executive in relation to payment of supplement under subsection (3) or (5) or regulations made under either of them, as the case may be, on or after 1 June 2009.”.