290.—(1) The Minister may make regulations to provide that where a beneficiary consents, an amount of his or her benefit, which is determined by consultation and agreement between the Minister and the beneficiary, may be withheld F1598[, subject to section 290B,] and paid F1599[, subject to subsection (3A),] separately by the Minister to any specified body designated by the beneficiary.

[1993 s240(2)]

(2) Regulations made under subsection (1) may, in particular and without prejudice to the generality of that subsection, provide for—

(a) the withdrawal of consent by a beneficiary,

(b) the time and manner in which the withdrawal shall take place, and

(c) the adjustment of any amount of benefit as a result of that withdrawal.

[1993 s240(3); 1996 s42]

(3) In this section “a specified body” means—

(a) a local authority F1600[, other than any functions performed by a local authority under section 23 (amended by section 8 of the Housing (Miscellaneous Provisions) Act 2009) of the Housing (Miscellaneous Provisions) Act 1992],

(b) any other body established—

(i) by or under any enactment (other than the Companies Acts 1963 to 2005), or

(ii) under the Companies Acts 1963 to 2005, in pursuance of powers conferred by or under other enactments, and financed wholly or partly by means of moneys provided or loans made or guaranteed by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body,

F1601[(ba) an authorised undertaking within the meaning of the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003),]

F1602[(bb) a person granted a licence to supply electricity in accordance with section 14(1) of the Electricity Regulation Act 1999,

(bc) a person granted a licence to supply natural gas in accordance with section 16(1) of the Gas (Interim) (Regulation) Act 2002,]

F1603[ (bd) a credit union within the meaning of the Credit Union Act 1997,]

or

(c) any other body that may be prescribed.

F1604[(3A) For the purposes of subsection (1), a payment to a credit union referred to in subsection (3)(bd) may be made—

(a) in respect of a scheme that—

(i) is approved by the Minister, and

(ii) relates to a class or classes of borrowings from a credit union as may be prescribed,

and

(b) where the beneficiary concerned is a member of the credit union to which the payment is made under this section.

(3B) Without prejudice to subsections (1) or (2), for the purposes of subsection (3A), the Minister may, in regulations made under this section, prescribe—

(a) a class or classes of borrowings by a beneficiary from a credit union in respect of which payments under this section are to be made,

(b) the maximum amount of such borrowings which shall not exceed F1605[€5,000],

F1609[(c) the interest rate charged in respect of such borrowings, the maximum amount of which shall not exceed the interest rate specified by the Minister for Finance in an order under section 38(3) of the Credit Union Act 1997,]

(d) the duration of the period for repayment, by the beneficiary concerned, of the F1606[borrowings, and]]

F1607[(e) the discharge, by the Minister, of any transaction fee, which shall not exceed €0.50 per transaction, in respect of which repayments in relation to borrowings under this section are to be made by a beneficiary.]

F1608[(4) On and after the commencement of section 15 of the Social Welfare Act 2012, an amount of benefit under this section shall not be withheld where the purpose of such withholding of benefit is the separate payment, by the Minister, of rent to a local authority pursuant to this section and regulations made under it.

(5) Nothing in subsection (4) shall affect any withholding of benefit under this section where—

(a) the purpose of such withholding of benefit is to provide for the separate payment, by the Minister, of rent to be paid by a beneficiary to a local authority, pursuant to this section and regulations made under it, and

(b) such withholding of benefit and such separate payment has effect immediately before the commencement of section 15 of the Social Welfare Act 2012.

(6) Where—

(a) a beneficiary has consented to the withholding of an amount of benefit under this section before the commencement of section 15 of the Social Welfare Act 2012,

(b) the purpose of such withholding of benefit is to provide for the separate payment, by the Minister, of rent to be paid by a beneficiary to a local authority pursuant to this section and regulations made under it, and

(c) such withholding of benefit and such separate payment has not taken effect before the commencement of section 15 of the Social Welfare Act 2012,

nothing in subsection (4) shall prevent the taking effect of such withholding of benefit and such separate payment.]