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]

197

F1117[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

F1118[(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.]

F1119[(1A) Subject to this Act and notwithstanding subsection (1), in the case of a person to whom F1120[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 F1121[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

F1122[(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 F1123[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.

F1124[(2A) Subject to this Act and notwithstanding subsection (2), in the case of a person to whom F1125[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 F1126[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

F1127[(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,]

F1128[(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) F1129[applied,]]

F1130[(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 F1131[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.]

F1132[(4) F1133[]]

F1134[(4A) F1133[]]

F1132[(5) F1133[]]

F1135[(6) F1133[]]

Annotations

Amendments:

F1117

Section 197 substituted (29.04.2009) by Social Welfare And Pensions Act 2009 (10/2009), s. 7(a), commenced on enactment.

F1118

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.

F1119

Inserted (3.01.2011) by Social Welfare Act 2010 (34/2010), s. 9(3)(a), S.I. No. 679 of 2010.

F1120

Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 14(3)(a), commenced on enactment.

F1121

Substituted (28.10.2024) by Social Welfare Act 2024 (36/2024), s. 15(1)(g)(i), commenced on enactment.

F1122

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.

F1123

Substituted (9.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 10(1)(a), commenced as per subs. (3).

F1124

Inserted (3.01.2011) by Social Welfare Act 2010 (34/2010), s. 9(3)(b), S.I. No. 679 of 2010.

F1125

Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 14(3)(b), commenced on enactment.

F1126

Substituted (28.10.2024) by Social Welfare Act 2024 (36/2024), s. 15(1)(g)(ii), commenced on enactment.

F1127

Substituted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 13(b), commenced on enactment.

F1128

Inserted (9.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 10(1)(b), commenced as per subs. (3).

F1129

Substituted (6.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 11(1)(a), commenced as per subs. (2).

F1130

Inserted (6.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 11(1)(b), commenced as per subs. (2).

F1131

Substituted (9.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 10(1)(c), commenced as per subs. (3).

F1132

Inserted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 13(d), commenced on enactment.

F1133

Deleted (6.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 10(1)(c), commenced as per subs. (2).

F1134

Inserted (3.01.2011) by Social Welfare Act 2010 (34/2010), s. 9(3)(c), S.I. No. 679 of 2010.

F1135

Inserted (9.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 10(1)(e), commenced as per subs. (3).

F1136

Substituted by Family Courts Act 2024 (48/2024), s. 6 and sch. 2 item 6, not commenced as of date of revision.

F1137

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):

C79

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 F1131[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 F1136[Family High Court or the High Court], or

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

F1136[(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 F1137[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:

E1210

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.

E1211

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.

E1212

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.

E1213

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.

E1214

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.

E1215

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.