Social Welfare Consolidation Act 2005
Interpretation.
[1993 s170; 2003 (MP) s5(1)(b)]
187.—In this Chapter—
“Act of 1939” means the Public Assistance Act 1939;
F1098[‘qualified adult’ means—
(a) in relation to a beneficiary—
(i) the spouse of the beneficiary who is being wholly or mainly maintained by the beneficiary,
(ii) the civil partner of the beneficiary who is being wholly or mainly maintained by the beneficiary, or
(iii) the cohabitant of the beneficiary who is being wholly or mainly maintained by the beneficiary,
where the spouse, civil partner or cohabitant concerned is resident in the State, or
(b) a person who has attained the age of 16 years, is resident in the State, is being wholly or mainly maintained by a beneficiary and has the care of one or more than one qualified child who normally resides with the beneficiary, where the beneficiary is—
(i) a single person,
(ii) a widow,
(iii) a widower,
(iv) a married person who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, his or her spouse,
(v) a surviving civil partner, or
(vi) a civil partner who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, his or her civil partner;]
“home assistance” means home assistance within the meaning of the Act of 1939;
F1099[‘institution’ means—
(a) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary to such hospital or home,
(b) any premises providing residence, maintenance or care for the persons therein,
(c) a prison or place of detention, or
(d) a prescribed institution;]
F1100[‘mortgage interest’ means the proportion of any amount payable by a person to a mortgage lender which is for the time being attributable to interest payable under an agreement entered into by that person with the mortgage lender for the purpose of defraying money employed in the purchase, repair or essential improvement of the sole or main residence of that person or to pay off another loan used for that purpose but does not include—
(a) interest payable in relation to such agreement by virtue of a delay or default in making a repayment under that agreement, or
(b) the aggregate of—
(i) any relief for interest due to the person under section 244 (as amended by section 3 of the Finance Act 2009) of the Act of 1997, and
(ii) any mortgage allowance or mortgage subsidy attributable to interest which may be payable by a local authority on behalf of the person under the F1101[Housing Acts 1966 to 2009;]]
F1102[‘mortgage lender’ has the meaning given to it by section 2(1) (as amended by section 2 of, and Schedule 3 to, the Central Bank and Financial Services Authority of Ireland Act 2004) of the Consumer Credit Act 1995;]
“public assistance authority” means a former public assistance authority referred to in section 8 of the Act of 1939 as extended by section 7 of the Health Authorities Act 1960 and section 84 of the Health Act 1970;
F1103[‘social housing support’ has the meaning given to it by section 19 of the Housing (Miscellaneous Provisions) Act 2009;]
“supplementary welfare allowance” means an allowance in cash or in kind granted under this Chapter.
Annotations
Amendments:
F1098
Substituted (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 8(1), commenced on enactment.
F1099
Inserted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 12(a), commenced on enactment.
F1100
Substituted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 12(b), commenced on enactment.
F1101
Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 19 and sch. item 12, commenced on enactment.
F1102
Inserted (17.12.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 14(1), commenced on enactment.
F1103
Inserted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 19 and sch. item 12, commenced on enactment.
Editorial Notes:
E1182
Previous affecting provision: definition of "qualified adult" amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 21, S.I. No. 673 of 2010; substituted (17.07.2014) as per F-Note above.
E1183
Previous affecting provision: definition of "mortgage interest" inserted (17.12.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 14(1), commenced on enactment; substituted (21.12.2009) as per F-Note above.
