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Social Welfare Consolidation Act 2005
Weekly amounts of supplementary welfare allowance for persons of no means.
[1993 s178(1); 2005 (SW&P) s26 & Sch 4]
F1104[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
F1105[(b) the appropriate amount set out—
(i) in column (4) of that Part in respect of each qualified child who has not attained the age of 12 years, and
(ii) in column (5) of that Part in respect of each qualified child who has attained the age of 12 years.]
F1106[(1A) Subject to this Act and notwithstanding subsection (1), in the case of a person to whom F1107[subsection (2) or (7) of section 195A or subsection (1) or (5) of section 195B] refers, the weekly amount of supplementary welfare allowance shall be reduced and accordingly shall be the weekly amount of supplementary welfare allowance as set out in column (2) at reference 10(a) of Part 1 of Schedule 4 which shall be reduced in each week by F1108[€88], 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
F1109[(b) the appropriate amount set out—
(i) in column (4) of that Part in respect of each qualified child who has not attained the age of 12 years, and
(ii) in column (5) of that Part in respect of each qualified child who has attained the age of 12 years.]]
(2) Notwithstanding subsection (1), in the case of a person who has not attained the age of F1110[25] 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.
F1111[(2A) Subject to this Act and notwithstanding subsection (2), in the case of a person to whom F1112[subsection (2) or (7) of section 195A or subsection (1) or (5) of section 195B] refers, the weekly amount of supplementary welfare allowance shall be reduced and accordingly shall be the weekly amount of supplementary welfare allowance as set out in column (2) at reference 10(b) of Part 1 of Schedule 4 which shall be reduced in each week by F1113[€50], increased by 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 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—
F1114[(a) has been in continuous receipt of the allowance from a date on or before 30 December 2009 and where, in the period prior to that date the claimant was not a person to whom subsection (2) applied,]
F1115[(aa) has been in continuous receipt of the allowance from a date on or before 8 January 2014 and where, in the period prior to that date, the claimant was not a person to whom subsection (2) F1116[applied,]]
F1117[(ab) is in receipt, in his or her own right, of—
(i) rent supplement payable in accordance with section 198(3),
(ii) housing assistance in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014, or
(iii) social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009, or]
(b) has attained the age of 18 years and has not attained the age of F1118[25] 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.]
F1119[(4) F1120[…]]
F1121[(4A) F1120[…]]
F1119[(5) F1120[…]]
F1122[(6) F1120[…]]
Annotations
Amendments:
F1104
Section 197 substituted (29.04.2009) by Social Welfare And Pensions Act 2009 (10/2009), s. 7(a), commenced on enactment.
F1105
Substituted (25.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 20(a), S.I. No. 116 of 2019.
F1106
Inserted (3.01.2011) by Social Welfare Act 2010 (34/2010), s. 9(3)(a), S.I. No. 679 of 2010.
F1107
Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 14(3)(a), commenced on enactment.
F1108
Substituted (28.10.2024) by Social Welfare Act 2024 (36/2024), s. 15(1)(g)(i), commenced on enactment.
F1109
Substituted (25.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 20(b), S.I. No. 116 of 2019.
F1110
Substituted (9.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 10(1)(a), commenced as per subs. (3).
F1111
Inserted (3.01.2011) by Social Welfare Act 2010 (34/2010), s. 9(3)(b), S.I. No. 679 of 2010.
F1112
Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 14(3)(b), commenced on enactment.
F1113
Substituted (28.10.2024) by Social Welfare Act 2024 (36/2024), s. 15(1)(g)(ii), commenced on enactment.
F1114
Substituted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 13(b), commenced on enactment.
F1115
Inserted (9.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 10(1)(b), commenced as per subs. (3).
F1116
Substituted (6.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 11(1)(a), commenced as per subs. (2).
F1117
Inserted (6.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 11(1)(b), commenced as per subs. (2).
F1118
Substituted (9.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 10(1)(c), commenced as per subs. (3).
F1119
Inserted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 13(d), commenced on enactment.
F1120
Deleted (6.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 10(1)(c), commenced as per subs. (2).
F1121
Inserted (3.01.2011) by Social Welfare Act 2010 (34/2010), s. 9(3)(c), S.I. No. 679 of 2010.
F1122
Inserted (9.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 10(1)(e), commenced as per subs. (3).
F1123
Substituted by Family Courts Act 2024 (48/2024), s. 6 and sch. 2 item 6, not commenced as of date of revision.
F1124
Substituted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 21(b), commenced on enactment.
Modifications (not altering text):
C75
Prospective amending provision: subs. (3)(b) amended by Family Courts Act 2024 (48/2024), s. 6 and sch. 2 item 6 (as amended (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 21(b), commenced on enactment), not commenced as of date of revision.
(b) has attained the age of 18 years and has not attained the age of F1118[25] 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 F1123[Family High Court or the High Court], or
(ii) he or she was in or was placed in the care of the Executive—
F1123[(I) pursuant to an order—
(A) of the Family District Court, the District Court or the Family Circuit Court on appeal from the Family District Court or District Court under F1124[Part III of the Child Care Act 1991, or]
(B) of the Family District Court or the Family Circuit Court (whether at first instance or an appeal from the Family District Court) under Part IV 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.
Editorial Notes:
E1218
Previous affecting provision: subs. (6) amended (1.01.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 11(1), commenced as per subs. (2) and S.I. No. 655 of 2018; deleted (6.01.2020) as per F-Note above.
E1219
Previous affecting provision: subs. (4A) amended (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 14(3)(c), commenced on enactment; deleted (6.01.2020) as per F-Note above.
E1220
Previous affecting provision: subs. (2) amended (21.12.2009) by Social Welfare and Pensions (No. 2) Act 2009 (43/2009), s. 13(a), commenced on enactment; substituted (9.01.2014) as per F-Note above.
E1221
Previous affecting provision: subs. (3)(b) amended (21.12.2009) by Social Welfare and Pensions (No. 2) Act 2009 (43/2009), s. 13(c), commenced on enactment; substituted (9.01.2014) as per F-Note above.
E1222
Previous affecting provision: subs. (4) amended (9.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 10(1)(d), commenced as per subs. (3); deleted (6.01.2020) as per F-Note above.
E1223
Previous affecting provision: subs. (1A), (2A) and (4A) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 20(3), not commenced; repealed (29.12.2010) by Social Welfare Act 2010 (34/2010), s. 10, S.I. No. 679 of 2010.