Social Welfare Consolidation Act 2005
F1610[Budgeting in relation to certain rent payments.
F1611[290A. (1) This section applies to a beneficiary who is—
(a) a tenant of a housing body, or
(b) a tenant of a dwelling that is the subject of housing assistance under section 39 of the Housing (Miscellaneous Provisions) Act 2014,
and who is entitled to a benefit prescribed under this section.]
(2) The Minister may make arrangements for—
(a) the deduction, subject to section 290B, of a sum of money from a benefit paid to a beneficiary, and
(b) the payment, on behalf of the beneficiary, of that deducted sum to a housing body for the purpose of the payment of the rent payable to the housing body by that beneficiary.
(3) The Minister—
(a) may enter into an agreement with a person, for a specified period, for the purpose of carrying out the arrangement referred to in subsection (2), and
(b) shall, where he or she enters into such agreement, by order specify the person with whom the agreement has been entered into and the period for which that agreement has effect.
F1612[(4) A deduction and payment made pursuant to this section shall cease—
(a) where the beneficiary—
(i) ceases, upon his or her death or otherwise, to be a tenant of a housing body,
(ii) ceases, upon his or her death or otherwise, to be a tenant of a dwelling that is the subject of housing assistance under section 39 of the Housing (Miscellaneous Provisions) Act 2014, or
(iii) otherwise ceases to be entitled to a benefit prescribed under this section,
or
(b) where such deduction and payment are discontinued in accordance with this section.]
(5) A deduction and payment made pursuant to this section shall be discontinued where the housing body concerned consents to such discontinuance and a housing body shall not unreasonably withhold its consent to such discontinuance.
(6) The Minister may, after consultation with the Minister for Environment, Community and Local Government, make regulations in respect of all or any of the following:
(a) the form and manner of an application for—
(i) the deduction and payment pursuant to this section, and
(ii) the discontinuance of such deduction and payment pursuant to this section;
(b) the form and manner of an application for the variation of—
(i) an amount, subject to section 290B, to be deducted and paid to a housing body, and
(ii) the housing body to which the payment is made;
(c) the form and manner of an application to a housing body for consent to the discontinuance of a deduction and payment pursuant to this section;
(d) any documentation relating to an application referred to in paragraphs (a) to (c);
(e) the benefits from which deductions pursuant to this section are made.
(7) In this section ‘housing body’ means—
(a) a housing authority within the meaning of section 23 (F1613[as amended by the Local Government Reform Act 2014]) of the Housing (Miscellaneous Provisions) Act 1992, or
(b) a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992.]
Annotations
Amendments:
F1610
Inserted (1.01.2014) by Social Welfare Act 2012 (43/2012), s. 15(2), S.I. No. 579 of 2013.
F1611
Substituted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 54(4)(a), S.I. No. 404 of 2014.
F1612
Substituted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 54(4)(b), S.I. No. 404 of 2014.
F1613
Substituted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 54(4)(c), S.I. No. 404 of 2014.
Modifications (not altering text):
C128
Functions conferred under section excluded (16.05.2024) from scope of general transfer effected by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 10(2) and sch. 1 part 2, S.I. No. 207 of 2004. Section excluded also (16.05.2024) from general ambit of Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10(2), 26(3) and sch. 1 part 2, S.I. No. 207 of 2004.
Functions of Mayor
10. ...
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
...
Director general
26. ...
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
...
SCHEDULE 1
...
PART 2
Enactments for Purposes of Sections 10 and 26
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... |
... |
... |
|
No. 26 of 2005 |
Social Welfare Consolidation Act 2005 |
Sections 261(2), 269, 290A(5); Part 12. |
|
... |
... |
... |
Editorial Notes:
E1858
Power pursuant to subs. (3)(b) exercised (30.12.2025) by Social Welfare (Section 290A) (Agreement) Order 2025 (S.I. No. 680 of 2025), art. 2; applies in calendar year 2026, 2027 and 2028.
E1859
Power pursuant to subs. (6) exercised (29.07.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Bereaved Partner’s Pension) Regulations 2025 (S.I. No. 376 of 2025), art. 3(e) and sch. item no. 13, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 233A.
E1860
Power pursuant to subs. (6) exercised (1.11.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Jobseekers Benefit (Self-Employed)) Regulations 2019 (S.I. No. 551 of 2019), art. 12 and sch. item no. 15—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 233A—in effect as per art. 2.
E1861
Power pursuant to subs. (6) exercised (1.01.2014) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Budgeting in Relation to Social Welfare Payments) Regulations 2013 (S.I. No. 580 of 2013), art. 5—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 233A to 233D—in effect as per art. 2.
E1862
Previous affecting provision: power pursuant to subs. (3)(b) exercised (20.11.2024) by Social Welfare (Section 290A) (Agreement) Order 2024 (S.I. No. 631 of 2024); applied only in calendar year 2025.
E1863
Previous affecting provision: power pursuant to subs. (3)(b) exercised (20.12.2023) by Social Welfare (Section 290A) (Agreement) Order 2023 (S.I. No. 685 of 2023); applied only in calendar year 2024.
E1864
Previous affecting provision: power pursuant to subs. (3)(b) exercised (1.12.2022) by Social Welfare (Section 290A) (Agreement) Order 2022 (S.I. No. 617 of 2022); applied only in calendar year 2013.
E1865
Previous affecting provision: power pursuant to subs. (3)(b) exercised (14.12.2021) by Social Welfare (Section 290A) (Agreement) Order 2021 (S.I. No. 700 of 2021); applied only in calendar year 2022.
E1866
Previous affecting provision: power pursuant to subs. (3)(b) exercised (23.01.2020) by Social Welfare (Section 290A) (Agreement) Order 2020 (S.I. No. 19 of 2020); applied only in calendar years 2020 and 2021.
E1867
Previous affecting provision: power pursuant to subs. (3)(b) exercised (5.12.2018) by Social Welfare (Section 290A) (Agreement) Order 2018 (S.I. No. 551 of 2018); applied only in calendar year 2019.
E1868
Previous affecting provision: power pursuant to subs. (3)(b) exercised (15.12.2017) by Social Welfare (Section 290A) (Agreement) Order 2017 (S.I. No. 589 of 2017); applied only in calendar year 2018.
E1869
Previous affecting provision: power pursuant to subs. (3)(b) exercised (16.12.2016) by Social Welfare (Section 290A) (Agreement) Order 2016 (S.I. No. 622 of 2016); applied only in calendar year 2017.
E1870
Previous affecting provision: power pursuant to subs. (3)(b) exercised (18.12.2015) by Social Welfare (Section 290A) (Agreement) Order 2015 (S.I. No. 601 of 2015); applied only in calendar year 2016.
E1871
Previous affecting provision: power pursuant to subs. (3)(b) exercised (31.12.2013) by Social Welfare (Section 290A) (Agreement) Order 2013 (S.I. No. 578 of 2013); applied only in calendar years 2014 and 2015.