Social Welfare Consolidation Act 2005

(i) rent supplement payable in accordance withsection 198(3),

(ii) housing assistance in accordance with Part 4 of theHousing (Miscellaneous Provisions) Act 2014, or

(iii) social housing support within the meaning of theHousing (Miscellaneous Provisions) Act 2009, or]

(b) has attained the age of 18 years and has not attained the age ofF1131[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 bysection 16of theChildren Act 2001) or VI of theChild Care Act 1991,

(II) under a voluntary care arrangement pursuant tosection 4of theChild Care Act 1991, or

(III) under an accommodation arrangement pursuant tosection 5of theChild Care Act 1991.]

F1132[(4)F1133[…]]

F1134[(4A)F1133[…]]

F1132[(5)F1133[…]]

F1135[(6)F1133[…]]

198. Weekly or monthly supplements. [1993 s179(1); SI 381/1995]

198.—(1) Subject to this Chapter, in the case of a person whose means are insufficient to meet his or her needs, regulations may provide for a weekly or monthly payment to supplement that person's income.

F1138[(1A) Notwithstandingsection 196(1)(a), in determining entitlement to a supplement in accordance with this section, where the person has not attained the age ofF1139[25 years]and is not in receipt of a payment undersectionF1140[142A,197(2)]or197(4), the weekly needs of that person shall be taken to be—

(a) in the case of a person who has no means, the amount calculated in accordance withsection 197(1), or

(b) in the case of a person who has means, the amount calculated in accordance withsection 197(1)which would be appropriate if that person had no means, reduced by€1 per week for every€1 of his or her weekly means.]

[1993 s179(2); SI 381/1995]

(2) Regulations under subsection (1) may prescribe the class or classes of persons to whom and the conditions and circumstances under which a payment under subsection (1) may be made F1141[and, subject tosubsection (3E), the amount of such a payment] (either generally or in relation to a particular class or classes of persons).

[2003 (MP) s13]

(3) Without prejudice to the generality of subsection (1) and subject to F1142[subsections (3B),(3D)] F1143[,] F1144[(3E),(4),(4A)and(4B)andsection 198A], regulations under subsection (1) may provide for the payment of a supplement towards the amount of rent payable by a person in respect of his or her residence.

F1145[(3A) Notwithstandingsection 191(1), the payment of a supplement towards the amount of rent payable by a person in respect of his or her residence may continue to be made where the person—

(a) engages in remunerative full-time employment and, during the 12 month period immediately before his or her engagement in remunerative full-time employment, the person was not regarded, for the purposes of this Chapter, as being engaged in remunerative full-time employment, or

F1146[(b) is participating in—

(i) a scheme provided by the Minister and known as Community Employment, or

(ii) a scheme administered by the Minister and known as—

(I) Back to Work Enterprise Allowance (Self-Employed),

(II) Back to Work Allowance (Employees), or

(III) Back to Work Short Term Enterprise Allowance,]

and the person has been accepted as being in need of accommodation under a scheme funded by the Minister for the Environment, Heritage and Local Government and known as the Rental Accommodation Scheme.]

F1145[(3B) Subject tosubsection (3C), a payment referred to insubsection (3)shall not be payable in respect of a person’s residence where his or her residence is situated in an area notified to the Minister by the Minister for the Environment, Heritage and Local Government as being an area of regeneration for the purpose of providing for greater social integration.]

F1145[(3C) Subject to the conditions and circumstances that may be prescribed,subsection (3B)shall not apply—

(a) to a person who is in receipt of rent supplement in respect of his or her residence immediately before the area in which his or her residence is situated is notified to the Minister as being an area of regeneration as referred to insubsection (3B),

(b) to a person who is living in an area notified to the Minister as being an area of regeneration as referred to insubsection (3B)and becomes entitled to a payment undersubsection (3)where, on the making of an application for a supplement undersubsection (3),F1147[a designated person]is satisfied that the person—

(i) in so far as was reasonable in all the circumstances, had, at the commencement of the tenancy, an expectation that he or she would continue to be able to pay the amount of the rent, and

(ii) has experienced a substantial change in his or her circumstances such that he or she is unable to pay the amount of the rent.]

F1145[(3D)F1147[A designated person]may determine that a payment referred to insubsection (3)is not payable where a notification is receivedF1147[by the designated person]from a housing authority (within the meaning of theHousing (Miscellaneous Provisions) Act 1992) regarding non-compliance with standards prescribed for the time being undersection 18of theHousing (Miscellaneous Provisions) Act 1992.]

F1148[(3E) Without prejudice to the generality ofsubsections (1),(2)and(3), and subject tosubsections (3A),(3B),(3D)and(4), where regulations under this section provide for the payment of a supplement towards the amount of rent payable by a person in respect of his or her residence, the regulations shall prescribe the maximum amount of rent in respect of which such supplement is payable having regard to the family circumstances of the person to whom such supplement is payable and the location of the residence of that person.]

F1149[(3F)F1150[Subject tosubsection (3FB), a person shall not be entitled to a payment]referred to insubsection (3)unless, on the making of the application,F1151[a designated person]is satisfied that the person is abona fidetenant, and has been—

F1152[(a) determined to be qualified for social housing support by a housing authority under a social housing assessment pursuant to section 20 of the Housing (Miscellaneous Provisions) Act 2009,]

(b) residing, for the period that is prescribed, in rented accommodation in respect of which—

(i) there was at the commencement of the tenancy, an expectation that, in so far as was reasonable in all the circumstances, the person could pay the rent into the future, and

(ii) the person was in a position to pay the rent at the commencement of the tenancy,

and subsequent to the commencement of the tenancy the person has experienced a substantial change in his or her circumstances and is unable to pay the rent and such change in circumstances has not been caused by that person,

(c) residing, for the period that is prescribed, in accommodation for homeless persons as provided undersection 10of theHousing Act 1988, or

(d) residing, for the period that is prescribed, in an institution.]

F1153[(3FA) Subject tosubsection (3FB), a person shall not be entitled to a payment referred to insubsection (3)unless, and subject tosubsection (3H), on the making of the application, a designated person is satisfied that the person is a bona fide tenant, and—

(a) subject tosubsection (3G)where applicable, was in receipt of a payment referred to insubsection (3)in respect of another tenancy immediately before the making of the application or was in receipt of the payment within a specified period as prescribed,

(b) has been residing, for the period that is prescribed, in rented accommodation in respect of which—

(i) there was at the commencement of the tenancy, an expectation that, in so far as was reasonable in all the circumstances, the person could pay the rent into the future, and

(ii) the person was in a position to pay the rent at the commencement of the tenancy,

and subsequent to the commencement of the tenancy the person has experienced a substantial change in his or her circumstances and is unable to pay the rent and such change in circumstances has not been caused by that person, or

(c) has been residing, for the period that is prescribed—

(i) in accommodation for homeless persons as provided undersection 10of theHousing Act 1988, or

(ii) in an institution,

except where the household of which the person is a member is determined to be qualified for social housing support by a housing authority under a social housing assessment pursuant tosection 20of theHousing (Miscellaneous Provisions) Act 2009.

(3FB) (a)Subsection (3F)shall apply, where appropriate, except in respect of a case to whichparagraph (b)relates.

(b)Subsection (3FA)shall apply to a person where—

(i) regulations made undersection 50of the Housing (Miscellaneous Provisions) Act 2014 provide that a specified housing authority shall apply Part 4 of that Act in respect of a specified class of household, and

(ii) he or she is a member of a household within such a class of household and the specified authority is the housing authority for the household for the purposes of Part 4 of that Act.]

F1154[(3G) (a) (i) A person in receipt of a payment undersubsection (3)in respect of a continuous period that is not shorter than a prescribed period shall—

(I) on being requested to do so in writing by a designated person, apply to the housing authority concerned for social housing support for his or her household and, as a consequence, for a social housing assessment to be carried out undersection 20of theHousing (Miscellaneous Provisions) Act 2009, and

(II) subject tosubparagraph (ii), within 6 weeks of that request by a designated person, provide to the designated person confirmation that the household has forwarded a duly completed application form for social housing support to that authority for the purpose of a social housing assessment being so carried out.

(ii) The designated person may, where he or she is satisfied that an extension of time is justified in a particular case, extend the period referred to insubparagraph (i)(II)for a further period that shall not, in any case, exceed 6 weeks.

(iii) Where a person to whomsubparagraph (i)applies fails to duly provide the confirmation in accordance withsubparagraph (i)(II)or with that subparagraph andsubparagraph (ii), then he or she shall cease to be entitled to a payment undersubsection (3)when the period referred to insubparagraph (i)(II)orsubparagraph (ii), as the case may be, has expired.

(b) A person in receipt of a payment undersubsection (3)shall cease to be entitled to such a payment where a housing authority notifies the Minister that the household of which the person is a member has failed to duly supply to the authority additional information that the authority requested for the purposes of verifying information, for the purposes of a social housing assessment undersection 20of theHousing (Miscellaneous Provisions) Act 2009, that relates to the household’s application for social housing support.

(3H) A person in receipt of a payment undersubsection (3)shall cease to be entitled to such a payment where a housing authority determines that the household of which the person is a member is qualified for social housing support and the authority notifies the Minister that—

(a) social housing support is being provided to that household,

(b) housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014 is an appropriate form of support for that household and the household has done or failed to do anything in consequence of which the household has not taken up that form of social housing support, or

(c) by virtue of the operation ofsection 20(5B) of theHousing (Miscellaneous Provisions) Act 2009, the household is ineligible for social housing support for a period prescribed under that enactment.]

[2003 (MP) s13; 2003 s12(1)]

(4) (a) A person shall not be entitled to a payment referred to in subsection (3) where—

(i) the person is not lawfully in the State,

(ii) the person has made an application to the Minister for Justice, Equality and Law Reform for a declaration under section 8(1)(a) or (c) of the Refugee Act 1996, other than a person—

(I) in respect of whom a declaration within the meaning of section 17 of the Refugee Act 1996 is in force,

(II) who is entitled under section 18 of the Refugee Act 1996 to enter and reside in the State,

(III) who is entitled under section 24 of the Refugee Act 1996 to enter and remain in the State, or

(IV) who has the permission of the Minister for Justice, Equality and Law Reform to remain in the State under the Aliens Act 1935 or the Immigration Act 2004,

or

(iii) during any period that person, or his or her spouse F1155[, civil partner or cohabitant], is engaged in remunerative full-time work.

(b) This subsection does not apply to persons who were in receipt of a payment referred to in subsection (3) before the coming into operation of this subsection.

F1156[(4A) Subject tosubsection (4B), the payment, referred to insubsection (3), of a supplement towards the amount of rent payable by a person in respect of his or her residence shall not be made where, in respect of each tenancy for which a supplement is payable—

(a) the landlord of such residence has not providedF1151[a designated person]with his or her tax reference number in the prescribed form, or

(b) the landlord of such residence does not have a tax reference number and has not providedF1151[a designated person]with a notification, in the prescribed form, to that effect and the reasons for which he or she does not have a tax reference number.]

F1156[(4B) Notwithstandingsubsection (4A), where an application for the payment of a supplement towards the amount of rent is made on or after 1 January 2011 and the information specified in that subsection has not been provided by a landlord,F1151[a designated person]—

(a) may, for the purpose of the avoidance of undue hardship, pay the supplement referred to insubsection (4A)where it is satisfied that, having regard to all the circumstances of the person concerned, the payment is appropriate, and

(b) shall, where that payment is made, send a notification in writing to the landlord of the residence in respect of which the supplement was paid—

(i) requesting the landlord to provideF1151[a designated person], in the prescribed form, on or before a date (in this section referred to as the‘information date’) specified in the notification, with—

(I) his or her tax reference number, or

(II) where the landlord does not have a tax reference number, a statement in writing to that effect and the reasons for which he or she does not have a tax reference number,

and

(ii) stating that—

(I) the payment of a supplement under this section shall cease on a specified date (in this section referred to as the‘cessation date’) unless the information is provided on or before the information date, and

(II) where rent supplement has been paid in respect of the residence, failure to provide the information is an offence.]

F1156[(4C) Where a notification referred to insubsection (4B)(b)orsection 198A(2)is to be sent to a landlord it shall be addressed to the person concerned by name and may be sent or given—

(a) by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resided or, in a case where an address for service has been furnished, at that address, or

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case where an address for service has been furnished, to that address.]

F1156[(4D) In this section,sections 198Aand198B—

‘landlord’means the person for the time being entitled to receive (otherwise than as agent for another person) the rent payable under a tenancy in respect of a residence, referred to insubsection (3), in respect of which a supplement, referred to in that subsection, is paid;

‘tax reference number’has the same meaning as it has in subsection (3) (inserted bysection 123of theFinance Act 2007) of section 888 of the Act of 1997;

‘tenancy’includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and includes a sub-tenancy.]

[2003 s12(1)]

(5) F1157[Subject tosubsections (10)and(11)and without prejudice to] the generality of subsection (1) and subject to subsection (6), regulations under subsection (1) may provide for the payment of a supplement towards the amount of mortgage interest payable by a person F1158[…].

F1159[(5A) Without prejudice tosubsections (2)and(5), regulations undersubsection (1)may prescribe the conditions and circumstances under which, and the periods for which, the supplement referred to insubsection (5), is payable.]

F1160[(5AA) A person shall not be entitled to the supplement referred to insubsection (5)unless, at the time of making an application for that supplement, a designated person is satisfied that the person making the application has engaged with his or her mortgage lender in order to meet his or her mortgage repayment obligations, and

(a) has, arising from such engagement, entered into and, where required, is complying with an alternative repayment arrangement agreed between that person and his or her mortgage lender in respect of his or her mortgage repayment obligations for a period of not less than 12 months, or

(b) has—

(i) arising from such engagement, entered into and, where required, is complying with an alternative repayment arrangement agreed between that person and his or her mortgage lender in respect of his or her mortgage repayment obligations for a period of less than 12 months in respect of that alternative repayment arrangement, and

(ii) prior to entering into the alternative repayment arrangement referred to insubparagraph (i)the person had entered into and had complied with a different alternative repayment arrangement agreed between that person and his or her mortgage lender in respect of his or her mortgage repayment obligations,

and the total number of months in respect of which that person has complied with the alternative repayment arrangements referred to insubparagraphs (i)and(ii)is a period of not less than 12 months.]

F1160[(5AB)Subsection (5AA)shall apply to a person who makes an application for the supplement referred to insubsection (5)on or after the day on whichsection 12of the Social Welfare and Pensions Act 2012 comes into operation.]

F1160[(5AC) Insubsection (5AA)—

‘alternative repayment arrangement’means any arrangement entered into by an applicant for the supplement referred to insubsection (5)with his or her mortgage lender—

(a) in respect of his or her mortgage that incorporates a change in any terms or conditions of the mortgage that applied when the mortgage took effect, and

(b) for the purpose of assisting that person to resolve any difficulties he or she may have in meeting his or her mortgage repayment obligations,

and, without prejudice to the generality of the foregoing, includes any practice, referred to in a code of practice drawn up undersection 117of theCentral Bank Act 1989, that is specified for the purpose of resolving any difficulties with meeting mortgage repayment obligations.]

F1159[(5B) The amount of a supplement payable in accordance withsubsection (5)shall be limited to the amount and duration determined byF1151[a designated person]to be appropriate, having regard to the family circumstances of the person concerned and subject to the conditions and circumstances and the period for which the supplement is payable, as may be prescribed.]

[2003 s12(1)]

(6) A person shall not be entitled to a supplement referred to in subsection (5), during any period, where that person or his or her spouse F1155[, civil partner or cohabitant], is engaged in remunerative full-time work.

F1161[(7) As respects the supplement payable to a person undersubsection (3)or any regulations made thereunder, the amount of the supplement payable on or after 1 June 2009 shall be calculated by—

(a) deducting the sum of€6 from the amount of that supplement that would be payable per week on 31 May 2009 to the person if they were being paid on a weekly basis (whether or not they were being so paid),

(b) multiplying the sum achieved by making the calculation referred to inparagraph (a)by 8 per cent subject to the total amount being rounded up to the nearest€1 where it is a multiple of 50 cent but not also a multiple of€1 and being rounded to the nearest€1 where it is not a multiple of 50 cent or€1,

(c) deducting the sum achieved by making the calculation referred to atparagraph (b)from the sum achieved by making the calculation referred to atparagraph (a).

(8) As respects the supplement payable to a person undersubsection (5)or any regulations made thereunder, the amount of the supplement payable on or after 1 June 2009 shall be calculated by deducting the sum of€6 from the amount of that supplement that would be payable per week on 31 May 2009 to the person if they were being paid on a weekly basis (whether or not they were being so paid).

(9)Subsection (7)or(8)shall not apply to a determination or a revised determination ofF1162[…]F1151[a designated person]in relation to payment of supplement undersubsection (3)or(5)or regulations made under either of them, as the case may be, on or after 1 June 2009.]

F1163[(10) The supplement referred to insubsection (5), payable towards the amount of mortgage interest payable by a person shall not be paid to any person on or after 1 January 2018.

(11) An application for the supplement referred to insubsection (5)shall not be made on or after 1 January 2014.]

198A. F1164[Payment of rent supplement in certain circumstances.

198A.—(1) Notwithstandingsection 198(4A), where a supplement towards the amount of rent payable by a person in respect of his or her residence is paid immediately before 1 January 2011 and continues to be paid immediately after 1 January 2011 in respect of that residence under the same tenancy and the information specified insubsection (2)has not been provided by a landlord,F1165[a designated person]may, in accordance with this Act, continue to pay the supplement for that residence under the same tenancy—

(a) for a period commencing on 1 January 2011 and ending on the cessation date specified in a request undersubsection (2), and

(b) whereF1165[a designated person], having regard to all the circumstances of the person, is satisfied that the payment is appropriate for the purpose of avoiding undue hardship, for a period commencing on the cessation date and ending not later than 31 March 2012.

(2) For the purposes ofsubsection (1),F1165[a designated person]shall send a notification in writing to the landlord of a residence referred to in that subsection in respect of which a supplement was paid—

(a) requesting the landlord to provideF1165[a designated person], in the prescribed form, on or before a date (in this section referred to as the‘information date’) specified in the notification, with—

(i) his or her tax reference number, or

(ii) where the landlord does not have a tax reference number, a statement in writing to that effect and the reasons for which he or she does not have a tax reference number, and

(b) stating that—

(i) the payment of a supplement under this section shall cease on a specified date (in this section referred to as the‘cessation date’) unless the information is provided on or before the information date, and

(ii) where rent supplement has been paid in respect of the residence, failure to provide the information is an offence.

(3) Where—

(a) rent supplement has been paid in respect of a residence referred to insubsection (1),

(b)F1165[a designated person]has, in accordance withsubsection (2), sent a notification in writing to a landlord referred to in that subsection, and

(c) the landlord has, following that notification, failed to provide the tax reference number referred to insubsection (2)(a)(i)or the statement referred to insubsection (2)(a)(ii), by the information date referred to in that notification,

he or she shall be guilty of an offence.]

198B. F1166[Offence for failing to provide certain information following payment of rent supplement under section 198.

198B.—Where—

(a) rent supplement has been paid in respect of a residence referred to insection 198(4B),

(b)F1167[a designated person]has, in accordance withsection 198(4B), sent a notification in writing to a landlord referred to in that section, and

(c) the landlord has, following that notification, failed to provide the tax reference number referred to insection 198(4B)(b)(i)(I)or the statement referred to insection 198(4B)(b)(i)(II), by the information date referred to in that notification,

he or she shall be guilty of an offence.]

198C. F1168[Determination of claims for rent supplement under section 198.

198C.—(1) A designated person may, for the purposes of determining entitlement to the payment of a supplement referred to insection 198(3)towards the amount of rent payable by a person in respect of his or her residence, request the landlord of such residence to provide, within the prescribed period, to the designated person—

(a) a statement in writing—

(i) confirming that the person in respect of whom that supplement has been, or is to be, paid is a person from whom the landlord is, under a tenancy, entitled to receive rent in respect of the residence of that person,

(ii) as to whether the landlord is receiving rent solely from the person referred to insubparagraph (i)or from any other person under that tenancy in respect of that residence,

(iii) specifying the period of the tenancy of the person referred to insubparagraph (i), and

(iv) confirming that the person referred to insubparagraph (i)has resided, and, where appropriate, continues to reside, at that residence for the period for which that supplement has been, or is to be, paid,

and

(b) such other information, in writing, relating to the tenancy of the person referred to inparagraph (a)(i)as the designated person may require for the purposes of determining entitlement to that supplement.

(2) Where a request is to be made to a landlord by a designated person undersubsection (1), it shall be sent to the landlord in writing and addressed to the person concerned by name and may be sent or given—

(a) by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resides or, in the case where an address for service has been furnished, at that address, or

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address.

(3) In this section—

‘landlord’means the person for the time being entitled to receive (including as an agent for another person) the rent payable under a tenancy in respect of a residence, referred to insection 198(3), in respect of which a supplement referred to in that section, is paid;

‘tenancy’has the meaning assigned to it bysection 198(4D).

(4) A landlord who fails to comply with a request made by a designated person within the prescribed period in accordance with this section shall be guilty of an offence.]

199. Disqualifications. [Housing (MP) Act 1997 s16]

199.—(1) For the purposes of this section—

“Act of 1997” means the Housing (Miscellaneous Provisions) Act 1997;

F1169[…]

F1169[…]

“rent” includes any periodic payment in the nature of rent made in return for a special possession of a dwelling or for the use, occupation or enjoyment of a dwelling.

[Housing (MP) Act 1997 s16]

(2) This section applies to a person who—

(a) has been required to deliver up possession of a dwelling provided by a housing authority or a body approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 and the reasons for that requirement include anti-social behaviour or the interests of good estate management, or

(b) is a person to whom F1170[an allocation of a dwelling] has been refused or deferred under section 14 of the Act of 1997, or

F1170[(c) is a respondent to an excluding order, a site excluding order or an interim excluding order made under section 3, 3A or 4 of the Act of 1997, or]

(d) is a person who has been directed to leave a house under section 20 of the Act of 1997.

[Housing (MP) Act 1997 s16; 2005 (SW&P) s23 & Sch 1]

(3) F1171[A designated person] may determine that, notwithstanding anything contained in any enactment, a person to whom this section applies shall not be entitled to a payment to supplement the person's income in respect of rent or mortgage interest, or may terminate or suspend the payment.

[Housing (MP) Act 1997 s16; 2005 (SW&P) s23 & Sch 1]

(4) Where a person to whom this section applies resides with another person who is in receipt of, or would but for this section be entitled to a supplement in respect of rent or mortgage interest, F1171[a designated person may], notwithstanding anything contained in any enactment, determine that the amount of the supplement payable shall be reduced by the amount that, in the F1171[opinion of the designated person], is reasonably attributable to the first mentioned person.

[Housing (MP) Act 1997 s16; 2005 (SW&P) s23 & Sch 1]

(5) In making a determination under subsection (3) or (4), F1171[a designated person] shall have regard to any information provided by a housing authority or a specified person referred to in section 15 of the Act of 1997, in relation to a person to whom this section applies.

200. Allowances in kind. [1993 s180(1); 2005 (SW&P) s23 & Sch 1]

200.—(1) Whenever it appears to F1172[a designated person or] deciding officer that by reason of exceptional circumstances the needs of a person can best be met by the provision of goods or services instead of the whole or part of any payment to which he or she would otherwise be entitled under this Chapter, F1172[a designated person or] deciding officer may determine or decide that the goods or services be provided for the person under arrangements made F1172[by a designated person].

[1993 s180(2); 2005 (SW&P) s23 & Sch 1]

(2) In making a determination under this section to meet sudden and urgent need, F1172[a designated person] or deciding officer may dispense with inquiry into means or other circumstances and with compliance with any regulations made under this Chapter.

[1993 s180(3); 2005 (SW&P) s23 & Sch 1]

(3) In relation to any goods or services provided F1173[by a designated person] or deciding officer under subsection (1), references in this Chapter to the amount of supplementary welfare allowance are deemed to be references to the value of the goods or services so provided.

201. Power to make single payment for exceptional need. [1993 s181; 2005 (SW&P) s23 & Sch 1]

201.—F1174[A designated person or deciding officer may, in any case where the designated person] or deciding officer considers it reasonable, having regard to all the circumstances of the case, so to do, determine or decide that supplementary welfare allowance shall be paid to a person by way of a single payment to meet an exceptional need F1175[which is not necessarily unforeseen].

202. Grant of supplementary welfare allowance in cases of urgency. [1993 s182(1); 2005 (SW&P) s23, 25 & Sch 1, 3]

202.—(1) Nothing in section 190, 191, 193 or 198 shall prevent the payment of supplementary welfare allowance in an urgent case and, in determining or deciding whether an allowance is payable by virtue of this section and the amount or nature of the allowance, F1176[a designated person] or deciding officer shall not be bound by anything contained in sections 195 to 198 and Part 4 of Schedule 3 or in any regulations made under this Chapter which appears to F1176[the designated person] or deciding officer inappropriate in the circumstances of the case.

[1993 s182(2); 2005 (SW&P) s23 & Sch 1]

(2) Where under subsection (1) supplementary welfare allowance is paid to a person who is engaged in remunerative full-time work, F1176[a designated person] or deciding officer may, where F1176[the designated person] or deciding officer is satisfied that in all the circumstances of the case it would be equitable so to do, determine or decide that the whole or part of the allowance so paid shall be recoverable from the person to whom it is paid.

203. Supplementary welfare allowance granted to persons in receipt of certain Health Service Executive payments. [1993 s183; 2005 (SW&P) s23 & Sch 1]

203.—F1177[…]

204. Recoupment of supplementary welfare allowance. [1993 s184; 2005 (SW&P) s23 & Sch 1]

204.—Where—

(a) in respect of any period F1178[a designated person] or deciding officer has granted supplementary welfare allowance to or in respect of a person who, though entitled to any other benefit, pension, assistance, allowance or supplement under this Act (in this section referred to as “relevant payment”), is not in receipt of a relevant payment, and

(b) the supplementary welfare allowance is in excess of the amount which would have been granted to that person if he or she had been in receipt of a relevant payment, and

(c) the F1178[designated person or] deciding officer has certified to the Minister the amount (in this section referred to as “the excess”) so paid in excess in respect of that period F1179[…],

the Minister may reduce any such relevant payment which is or may become payable to the person during the relevant continuous period of entitlement to that relevant payment by the amount of the excess and the amount shall be treated as having been paid on account of the relevant payment.

205. Recoupment of supplementary welfare allowance (continued). [1995 s21; 2005 (SW&P) s23 & Sch 1]

205.—Where—

(a) in respect of any period F1180[that a designated person] or deciding officer has granted supplementary welfare allowance to or in respect of a person who, though entitled under the legislation of a Member State (other than the State) F1181[or the United Kingdom] to a social security payment (in this section referred to as “the relevant payment”), is not in receipt of such payment, and

(b) the supplementary welfare allowance is in excess of the amount which would have been granted to that person if he or she had been in receipt of the relevant payment, and

(c) F1180[the designated person or] deciding officer has certified to the competent institution of the relevant Member State F1181[or the United Kingdom] the amount of supplementary welfare allowance in excess of which the person would have been entitled (in this section referred to as “the excess”) in respect of that period F1182[…],

F1180[the designated person] or deciding officer may request that competent institution to deduct the amount of the excess from the relevant payment.

206. F1183[Arrangements for burials.] [1993 s185(1); 2005 (SW&P) s23 & Sch 1]

F1183[206.—(1) A designated person may make arrangements for and provide assistance towards the burial of a person, where that person has—

(a) died in the State and suitable arrangements have not otherwise been made for the burial of that person, or

(b) (i) drowned and whose body has been cast ashore, or

(ii) otherwise perished and been found dead,

in the State and whose body has not been claimed for burial.]

[1993 s185(2); 2005 (SW&P) s23 & Sch 1]

F1183[(2) A designated person may, in any case in which he or she considers it appropriate, bring into and make arrangements for the burial in the State of the body of a person eligible for supplementary welfare allowance who has died outside the State.]

[1993 s185(3); 2005 (SW&P) s23 & Sch 1]

F1183[(3) A designated person may defray all expenses necessarily incurred in the burial of the body of a deceased person under this section.]

[1993 s185(4); 2005 (SW&P) s23 & Sch 1]

F1183[(4) A designated person may seek repayment of expenses incurred under this section in the burial of the body of a deceased person—

(a) from the estate of the deceased person, or

(b) from any person who was liable to maintain the deceased person immediately before his or her death.]

207. Financing of Health Service Executive expenditure on supplementary welfare allowance. [1993 s187(8); 2005 (SW&P) s23 & Sch 1]

207.—F1184[…]

208. Transfer of certain property. [1993 s189(1); 2005 (SW&P) s23 & Sch 1]

208.—(1) F1185[Subject tosubsection (4), all property] transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act 1975 to a health board and which immediately before 1 July 1977 was standing in the book of any bank or was registered in the books of any bank, corporation or company in the name of a public assistance authority shall, on the request of the Executive, be transferred in the books by the bank, corporation or company into the name of the Executive.

[1993 s189(2); 2005 (SW&P) s23 & Sch 1]

(2) F1186[Subject tosubsection (4), every chose-in-action] transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act 1975 to a health board may be sued on, recovered or enforced by the Executive in its own name and it shall not be necessary for the Executive to give notice to the person bound by the chose-in-action of the transfer effected by that section.

[1993 s189(3); 2005 (SW&P) s23 & Sch 1]

(3) F1187[Subject tosubsection (4), every bond], guarantee or other security of a continuing character made or given by a public assistance authority in pursuance of its functions under the Act of 1939 to another person, or by any person to a public assistance authority in connection with those functions, which was in force immediately before 1 July 1977, and every contract or agreement in writing in connection with those functions made between a public assistance authority and another person which was not fully executed and completed before that date shall be read and have effect as if the name of the Executive were substituted therein for the name of the public assistance authority, and the security, contract or agreement shall be enforceable by or against the Executive accordingly.

F1188[(4) This section shall not apply to any property, chose-in-action, bond, guarantee or other security of a continuing character that is designated and transferred underPart 4of the Social Welfare and Pensions Act 2010.]

Chapter 10

209. Interpretation. [1996 s13; 2005 (SW&P) s25 & Sch 3]

209.—(1) In this Chapter—

“institution” means a hospital, convalescent home or home for people suffering from physical or mental disability or ancillary accommodation, nursing home for the care and maintenance of dependent elderly people and any other similar establishment providing residence, maintenance or care where the cost of a person’s maintenance in that institution is being met in whole or in part by or on behalf of the Executive;

“weekly means” means, subject to Rule 1(1) of Part 2 of Schedule 3, the yearly means divided by 52 and the amount so calculated shall be rounded to the nearest €1 where it is not a multiple of 50 cent or €1.

[1996 s13; 2005 (SW&P) s25 & Sch 3]

(2) In this Chapter, references to means shall be read as references to means as calculated in accordance with the Rules contained in Part 2 of Schedule 3.

210. Entitlement to allowance. [1996 s13; 2005 (SW&P) s26 & Sch 4]

210.—(1) Subject to this Act, an allowance (“disability allowance”) shall be payable to a person—

(a) who has attained the age of 16 years but has not attained pensionable age,

(b) who is by reason of a specified disability substantially restricted in undertaking employment (in this Chapter referred to as “suitable employment”) of a kind which, if the person was not suffering from that disability, would be suited to that person’s age, experience and qualifications, whether or not the person is availing of a service for the training of disabled persons under section 68 of the F1189[Health Act 1970,]

F1190[(ba) subject tosubsection (10), the reason for whose substantial restriction in undertaking suitable employment is as a direct result of the person concerned being incapable of work and for no other reason,

(bb) who, were it not for the substantial restriction, would be available to work in insurable employment or insurable self-employment, and]

(c) whose weekly means, subject to subsection (2), do not exceed the amount of disability allowance (including any increases of that allowance) which would be payable to the person under this Chapter if that person had no means.

[1996 s13; 1997 s28(3)]

F1191[(2) Subject tosubsection (2A), where the spouseF1192[, civil partner or cohabitant]of a claimant for disability allowance is a spouseF1192[, civil partner or cohabitant]referred to in any ofsubparagraphs (iii)to(vii)ofsection 2(2)(a), the means of the claimant shall be taken to be one-half the means.]

F1193[(2A) Notwithstandingsubsection (2), where, in the 4 weeks immediately before the commencement ofsection 9of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of disability allowance and the spouse of the claimant for disability allowance is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made undersection 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance withsubsection (2), whichever is the more favourable.

(2B) Where the means of a claimant are calculated at any time in accordance withsubsection (2A)and are subsequently calculated in accordance withsubsection (2),subsection (2A)shall no longer apply to the claimant.

(2C) Where for any period of not less than 4 consecutive weeks after the commencement ofsection 9of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance withsubsection (2A)ceases to be entitled to or in receipt of disability allowance,subsection (2)shall apply to any subsequent claims.]

[1996 s13; 2005 (SW&P) s8(1)]

(3) F1194[…]

[1997 s22; 2000 s21(1)]

(4) F1194[…]

[1999 s20]

(5) F1194[…]

[2005 (SW&P) s8]

(6) F1194[…]

[2005 (SW&P) s8]

(7) F1194[…]

[1996 s13; 2005 (SW&P) s26 & Sch 4]

(8) The conditions under which a person shall be regarded for the purposes of this section as being substantially restricted in undertaking suitable employment by reason of a specified disability shall be specified by regulations.

[2004 (MP) s17 & Sch 1]

(9) A person shall not be entitled to disability allowance under this section unless he or she is habitually resident in the State F1195[…].

F1196[(10) A person shall not be disqualified for receipt of a disability allowance while engaging in a prescribed course of education, training or development.]

211. Rate of allowance (including increases for qualified adult and qualified children). [1996 s13]

211.—(1) The rate (in this Chapter referred to as “the scheduled rate”) of disability allowance shall be the weekly rate set out in column (2) of Part 1 of Schedule 4 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, except where regulations otherwise provide, the claimant or beneficiary shall not be entitled to an increase under this paragraph in respect of more than one person,

F1197[(b) the appropriate amount set out—

(i) incolumn (4)of that Part in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, and

(ii) incolumn (5)of that Part in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary,]

(c) the amount set out in column (6) of that Part where the claimant or beneficiary is living alone, and

[2003 (MP) s6(1)(b)]

(d) the amount set out in column (8) of Part 1 of Schedule 4 where the claimant or beneficiary is ordinarily resident on an island.

[1996 s13; 2001 s37(1)]

(2) (a) Disability allowance shall be payable—

(i) where the weekly means of the claimant or beneficiary do not exceed F1198[€7.60], at the scheduled rate, and

F1199[(ii) where the weekly means exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.]

(b) F1200[…]

[1996 s13; 1997 s28(4) & Sch F]

F1201[(3) Any increase of disability allowance payable undersubsection (1)(b)in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouseF1202[, civil partner or cohabitant]of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouseF1202[, civil partner or cohabitant]of the claimant or beneficiary—

(a) is not a qualified adult, or

(b) is a spouseF1202[, civil partner or cohabitant]referred to insection 210(2),

andsubsection (1)(b)shall be read and have effect accordingly.]

212. F1203[ Disqualification.

212.—(1) Regulations may provide for disqualifying a person for receiving disability allowance where the person fails without good cause to comply with such requirements as may be specified by the regulations, including but not necessarily limited to:

(a) attending for or submitting to any medical or other examination or treatment;

(b) complying with instructions relating to his or her incapacity issued by a registered medical practitioner;

(c) refraining from behaviour likely to hinder his or her recovery;

(d) being available to meet withF1204[an officer of the Minister or a medical assessor]regarding his or her claim for disability allowance.

(2) A person shall not be disqualified for receipt of disability allowance while engaging in such class or classes of employment or training and subject to such circumstances and conditions as may be prescribed.]

Chapter 11

213. Interpretation. [1999 s15; 2005 (SW&P) s25 & Sch 3]

213.—(1) In this Chapter and in Schedule 3—

“farming” means farming farm land including commonage, which—

(a) is owned, and used for the purposes of husbandry,

(b) is leased, and used for the purposes of husbandry, or

(c) does not form part of a larger holding and is used for the purposes of husbandry,

by the claimant;

“farmer” means a person engaged in farming;

“husbandry” means the working of the land with the object of extracting the traditional produce of the land;

[2000 s17 & Sch E]

“weekly means” means, subject to Rule 1(1) of Part 2 of Schedule 3, the yearly means divided by 52 and the amount so calculated shall be rounded up to the nearest €1 where it is a multiple of 50 cent but not also a multiple of €1 and shall be rounded to the nearest €1 where it is not a multiple of 50 cent or €1.

[1999 s15; 2005 (SW&P) s25 & Sch 3]

(2) For the purposes of this Chapter, means shall be calculated in accordance with the Rules contained in Part 2 of Schedule 3.

F1205[(3) Notwithstandingsubsection (2)andRule 1(1)ofPart 2ofSchedule 3, in this Chapter any amount of jobseeker’s pay-related benefit payable underChapter 12AAofPart 2to the spouse, civil partner or cohabitant of a claimant for farm assist shall be treated as if it were means.]

214. Entitlement to allowance. [1999 s15]

214.—(1) Subject to this Act and to regulations made under this Act, an allowance (in this Act referred to as “farm assist”) shall be payable to a farmer where—

(a) he or she has attained the age of 18 years and is under pensionable age, and

(b) his or her weekly means, subject to subsection (2), do not exceed the amount of farm assist (including any increases of farm assist) that would be payable to the farmer under this Chapter if he or she had no means.

[1999 s15]

F1206[(2) Subject tosubsection (3), where the spouseF1207[, civil partner or cohabitant]of a claimant for farm assist is a spouseF1207[, civil partner or cohabitant]referred to in any ofsubparagraphs (iii)to(vii)ofF1208[section 2(2)(a), or where the spouse, civil partner or cohabitant is in receipt of jobseeker’s pay related benefit,], the means of the claimant shall be taken to be one-half the means.]

F1209[(3) Notwithstandingsubsection (2), where, in the 4 weeks immediately before the commencement ofsection 9of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of farm assist and the spouse of the claimant for farm assist is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made undersection 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance withsubsection (2), whichever is the more favourable.

(4) Where the means of a claimant are calculated at any time in accordance withsubsection (3)and are subsequently calculated in accordance withsubsection (2),subsection (3)shall no longer apply to the claimant.

(5) Where for any period of not less than 4 consecutive weeks after the commencement ofsection 9of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance withsubsection (3)ceases to be entitled to or in receipt of farm assist,subsection (2)shall apply to any subsequent claims.]

F1210[(6) Where the spouseF1207[, civil partner or cohabitant]of a claimant for farm assist is a spouseF1207[, civil partner or cohabitant]referred to inPart 6, and is in receipt of a payment underPart 6, the means of the claimant shall be taken to be one-half the means.]

215. Rate of allowance (including increases for qualified adult and qualified children). [1999 s15]

215.—(1) Subject to this Chapter, the rate (in this Chapter referred to as “the scheduled rate”) of farm assist shall be the weekly rate set out in column (2) at reference 11 in Part 1 of Schedule 4, increased by—

(a) the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that, except where regulations otherwise provide, the claimant or beneficiary shall not be entitled for the same period to an increase of the allowance under this subparagraph in respect of more than one person, and

F1211[(b) the appropriate amount set out—

(i) incolumn (4)of that Part opposite that reference in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, and

(ii) incolumn (5)of that Part opposite that reference in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary.]

[1999 s15; 2001 s37(3)]

(2) Farm assist shall be payable—

(a) where the weekly means of the claimant or beneficiary are less than €1, at the scheduled rate,

(b) where the weekly means are equal to €1, at the scheduled rate reduced by €1, and

(c) where the weekly means exceed €1, at the scheduled rate, reduced by €1 for each amount (if any) of €1 by which those weekly means exceed €1 but, where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no farm assist shall be payable.

216. F1212[Amount of increases payable in respect of qualified child in certain cases.]

[1999 s15]

F1212[216.—Any increase of farm assist payable undersection 215(1)in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouseF1213[, civil partner or cohabitant]of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouseF1213[, civil partner or cohabitant]of the claimant or beneficiary—

(a) is not a qualified adult, or

(b) is a spouseF1213[, civil partner or cohabitant]referred to insection 214(2),

andsection 215(1)shall be read and have effect accordingly.]

217. Total amount payable to a couple. [1999 s15]

217.—(1) Where one of a couple is entitled to F1214[illness benefit], F1215[jobseeker’s benefit], F1216[jobseeker’s benefit (self-employed),] injury benefit, disablement pension, F1217[State pension (contributory)], F1218[State pension (non-contributory)], F1219[State pension (transition)] or invalidity pension and the other is entitled to farm assist, the total of the amount payable to them by way of that benefit or pension and farm assist (in this subsection referred to as “the relevant amount”) shall not exceed the total amount of benefit or pension, as the case may be, (including any increases thereof, where appropriate), or the total amount of farm assist (including any increases thereof, where appropriate), whichever is the greater (in this subsection referred to as “the greater amount”) that would be payable if only one of the couple were in receipt of benefit, pension or farm assist, as the case may be, and, if the relevant amount would but for this subsection exceed the greater amount, the amount of farm assist payable to the spouse F1220[, civil partner or cohabitant] who is entitled to such farm assist shall be reduced by the amount of the excess.

F1221[(1A) Notwithstanding any other provision in this Chapter, where one of a couple is entitled to jobseeker’s pay related benefit and the other is entitled to farm assist, the total of the amount payable to them by way of jobseeker’s pay-related benefit and farm assist combined shall not be less than the total amount of farm assist (including any increases thereof, where appropriate) that would be payable if only one of the couple were in receipt of a payment in respect of jobseeker’s allowance.

(1B) Where means other than jobseeker’s pay-related benefit are assessed for the purposes of this Chapter,subsection (1A)shall not apply in respect of such other means.]

[1999 s15; 2001 s16(1)(b)]

(2) Where one of a couple is entitled to F1222[jobseeker’s allowance], pre-retirement allowance or farm assist and the other is entitled to farm assist, the total amount payable to them under this Act shall not exceed the amount which would be payable if only one of them was entitled to be paid F1222[jobseeker’s allowance], pre-retirement allowance or farm assist, as the case may be, (including any increases thereof, where appropriate), and each of them shall be entitled to be paid one-half of the amount which would be payable to him or her if only one of the couple were in receipt of the assistance or allowance.

[1999 s15]

F1223[(3) In this section‘couple’means—

(a) a married couple who are living together,

(b) both civil partners of a civil partnership who are living together, or

(c) both cohabitants.]

218. Disqualifications. [1999 s15; 2005 (SW&P) s13(a)]

218.—(1) A farmer shall be disqualified for receiving farm assist while he or she is—

(a) employed during any week under a F1224[scheme provided by the Minister and known as Community Employment],

(b) employed during any week under a F1225[scheme provided by the Minister] and known as the Rural Social Scheme,

(c) participating in a scheme administered by the Minister and known as F1225[Back to Work Allowance, or]

(d) participating in a scheme administered by the Minister and known as F1225[Part-Time Job Incentive.]

(e) F1226[…]

[1999 s15]

(2) A farmer shall not be entitled to receive farm assist while attending a course of study, other than in the circumstances and subject to the conditions and for the periods that may be prescribed.

[1999 s15]

(3) In subsections (2) and (4) “academic year”, “a course of study” and “institution of education” have the meanings given by section 148(2).

[1999 s15]

(4) In this section, a farmer shall be regarded, subject to regulations made under subsection (2), as attending a course of study—

(a) for 3 months immediately following the completion or the leaving by that person of second level education or the completion of the Leaving Certificate Examination of the Department of Education and Science (whichever is the later),

(b) for the duration of an academic year, or

(c) for the period immediately following the completion of one academic year, other than the final academic year of a course of study, up to the beginning of the following academic year.

PART 4 Child Benefit

219. Qualified child. [1993 s192(1); 1995 s5(2)]

219.—F1227[(1) A child shall be a qualified child (in this Part referred to as a‘qualified child’) for the purposes of child benefit where—

(a) he or she is under the age of 16 years, or

(b) having attained the age of 16 years, he or she is under the age ofF1228[19 years]and is—

(i) receiving full-time education, the circumstances of which shall be specified in regulations, or

(ii) by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period,

and

(c) he or she is ordinarily resident in the State, and

(d) he or she is not detained in a children detention school and is not undergoing imprisonment or detention in legal custody.]

[1993 s192(2); 1996 s5(5)]

(2) Notwithstanding F1229[subsection (1)(c)], a child who resides with a qualified person and that person’s spouse F1230[, civil partner or cohabitant] while the qualified person or that person’s spouse F1230[, civil partner or cohabitant]—

(a) being a member of the Defence Forces or a civil servant in the civil service of the Government or the State, is in the service, outside the State, of the Government, the State or an international organisation,

(b) is a volunteer development worker, or

(c) is an insured person employed outside the State in respect of whom employment contributions under Part 2 are payable in accordance with regulations made under section 31,

shall be a qualified child for the purposes of this Part.

220. Qualified person. [1993 s193(1); 2004 (MP) s17 & Sch 1]

220.—(1) Subject to subsection (3), a person with whom a qualified child normally resides shall be qualified for child benefit in respect of that child and is in this Part referred to as “a qualified person”.

[1993 s193(2)]

(2) For the purpose of subsection (1)—

(a) the Minister may make rules for determining with whom a qualified child shall be regarded as normally residing,

(b) a qualified child shall not be regarded as normally residing with more than one person, and

(c) where a qualified child is resident in an institution and contributions are made towards the cost of his or her maintenance in that institution, that child shall be regarded as normally residing with the person with whom in accordance with the rules made under paragraph (a) he or she would be determined to be normally residing if he or she were not resident in an institution but, where the person with whom the child would thus be regarded as normally residing has abandoned or deserted the child, the child shall be regarded as normally residing with the head of the household of which he or she would normally be a member if he or she were not resident in an institution.

[2004 (MP) s17 & Sch 1]

(3) A qualified person, other than a person to whom section 219(2)(a), (b) or (c) applies, shall not be qualified for child benefit under this section unless he or she is habitually resident in the State F1231[…].

220A. F1235[Regulations

220A.Regulations may provide for requiring an employer to give such information to the Minister as he or she may require for the purposes of determining entitlement to child benefit.]

221. Amounts of child benefit. [1993 s194(1); 1994 s5(1)]

221.—F1236[(1) Subject to this Act, a qualified person shall be paid a monthly benefit ofF1237[€140]in respect of each qualified child.]

F1238[(1A) Notwithstandingsection 219(1)(b), for the purposes ofsubsection (1B)andsection 221A,‘qualified child’shall include a child who, having attained the age of 18 years is under the age of 19 years and is—

(a) receiving full-time education, the circumstances of which shall be specified in regulations, or

(b) by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period,

and

(c) ordinarily resident in the State, and

(d) not detained in a children detention school and is not undergoing imprisonment or detention in legal custody.

(1B) Payment of child benefit in respect of a child referred to insubsection (1A)shall be made to a person qualified for child benefit at half the appropriate amount set out incolumn (1)orcolumn (2)ofPart 4ofSchedule 4, or at half the appropriate amount as determined in accordance withsubsection (2)(a)or(2)(b).

(1C) The payment referred to insubsection (1B)shall cease to be payable on 31 December 2009.]

[1993 s194(2); 1998 s6(2)]

F1239[(2) Notwithstanding anything in this Part, the monthly benefit payable to a qualified person in respect of a qualified child whose birth was part of—

(a) a multiple birth of 2 children, of whom 2 remain qualified, shall be 150 per cent of the amount specified insubsection (1), or

(b) a multiple birth of 3 or more children, of whom—

(i) not less than 3 remain qualified, shall be 200 per cent of the amount specified insubsection (1),

(ii) not less than 2 remain qualified, shall be 150 per cent of the amount specified insubsection (1), or

(iii) one remains qualified, shall be payable at the amount specified insubsection (1).]

[1993 s194(3)]

(3) F1240[…]

[1993 s194(4); 2001 s37 & Sch F]

(4) F1240[…]

[1993 s194(5)]

(5) F1240[…]

[1993 s194(6)]

(6) F1240[…]

[1996 s5; 2001 s37 & Sch F]

(7) F1240[…]

[1993 s194(7); 1998 s6(2)]

(8) F1240[…]

221A. F1241[Compensatory payment.

221A.—(1) Subject to this Act, a person shall be entitled to a payment provided for insubsection (2)where a qualified child referred to insection 221(1A)normally resides with that person and in any week—

(a) an increase in respect of that child is being paid in accordance withsection 43(2),43(3),56(2),56(3),66(2),66(3),76(2),76(3),76(5),81(5),102(1),102(2),109(17),112(2),112(3),113(5)(b),113A(5)(b),115(8)(a)(ii),117(2),117(3),122(2),122(3),127(1),142(1)(b)(ii),146,150(1)(b),150(3),156(1),158,161B(1),161D,174(1),178A(3)(a),181(1)(b)(i),181(4),197(b),211(1)(b),211(3),215(1)(b)or216, or

(b)F1242[working family payment]in accordance withPart 6is being paid in respect of a family which includes a child referred to insection 221(1A).

(2) Subject tosubsection (5), an amount of€15 shall be payable in respect of a child referred to insubsection (1)for each week or part thereof in which the conditions in—

(a)subsection (1)(a), or

(b)subsection (1)(b),

are satisfied until the date on which that child attains the age of 19 years.

(3) Subject to this Act, a person shall be entitled to a payment provided for insubsection (4)where a qualified child referred to insection 221(1A)normally resides with that person and in any week that child is in receipt of disability allowance in accordance withChapter 10ofPart 3.

(4) Subject tosubsection (5), an amount of€15 shall be payable in respect of a child referred to insubsection (3)for each week or part thereof in which that child is in receipt of disability allowance until the date on which that child attains the age of 19 years.

(5) The amount payable undersubsection (2)orsubsection (4)in respect of a child whose birth was part of—

(a) a multiple birth of 2 children, of whom 2 remain qualified, shall be€22.50, or

(b) a multiple birth of 3 or more children, of whom—

(i) not less than 3 remain qualified, shall be€30,

(ii) not less than 2 remain qualified, shall be€22.50, or

(iii) one remains qualified, shall be€15.

(6) Only one weekly amount shall be payable pursuant tosubsection (2)(a),(2)(b)or(4).

(7) For the purposes of this section—

(a) the Minister may make rules for determining with whom a child referred to insection 221(1A)shall be regarded as normally residing,

(b) a child referred to insection 221(1A)shall not be regarded as normally residing with more than one person, and

(c) where a child referred to insection 221(1A)is resident in an institution and contributions are made towards the cost of his or her maintenance in that institution, that child shall be regarded as normally residing with the person with whom in accordance with the rules made underparagraph (a)he or she would be determined to be normally residing if he or she were not resident in an institution but, where the person with whom the child would thus be regarded as normally residing has abandoned or deserted the child, the child shall be regarded as normally residing with the head of the household of which he or she would normally be a member if he or she were not resident in an institution.

(8)Section 221(1A)and this section shall cease to have effect on 31 December 2010.]

221B. F1243[Additional payment for newborn or adopted child.

221B.(1) Subject tosubsection (2)and this Act, and notwithstanding any monthly benefit made or payable undersection 221(1), a qualified person shall become entitled to one, and only one, additional payment of €280.00 in respect of a qualified child where in respect of the qualified child—

(a) the date of birth of that qualified child falls on or after 1 December 2024, or

(b) the day of placement of that qualified child occurs on or after 1 December 2024.

(2) A qualified person shall not be entitled to a payment undersubsection (1)where he or she becomes a qualified person on a date which is more thanF1244[3 months]after the birth of the qualified child, or more than one month after the day of placement of the qualified child, as the case may be.

(3) In this section, ‘day of placement’ has the same meaning as it has in section 2(1) of the Parent’s Leave and Benefit Act 2019.]

222. Exclusion of child benefit for superannuation or pension purposes. [1993 s195]

222.—Income from child benefit shall not be reckoned for the purpose of any abatement provisions in any enactment relating to superannuation or pensions.

223. Payments to persons absent from State. [1993 s196]

223.—Where a qualified person is for the time being absent from the State, an application on his or her behalf in respect of child benefit may be accepted from such person as the Minister thinks fit.

F1245[PART 4A Early Childcare Supplement] Annotations Amendments: F1245 Substituted (1.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 21(1), commenced as per subs. (2).

223A. F1246[Entitlement to early childcare supplement.

223A.—F1247[…]]

223B. F1248[Amount of early childcare supplement.

223B.—F1249[…]]

PART 5 Respite Care Grant

224. Interpretation. [2005 (SW&P) s7(1)]

224.—(1) In this Part—

“carer” means a person ordinarily resident in the State who has attained the age of 16 years and—

(a) is in receipt of or entitled to F1250[carer’s benefit, carer’s allowanceF1251[, domiciliary care allowance]or a payment undersection 186A], or

(b) F1252[…]

(c) is providing full-time care and attention to a person who is in receipt of an increase of disablement pension under section 78 in respect of the need for constant attendance, or

(d) resides with and has provided, is providing or is likely to provide full-time care and attention for such periods and on such date as may be prescribed to a relevant person, or

(e) subject to the conditions and in the circumstances that may be prescribed, does not reside with but has provided, is providing or is likely to provide full-time care and attention for such periods and on such date as may be prescribed to a relevant person;

“institution” means a hospital, convalescent home or home for people suffering from physical or mental disability or ancillary accommodation, nursing home for the care and maintenance of dependent elderly people or any other similar establishment providing residence, maintenance or care;

[2005 (SW&P) s7(1)]

“relevant person” means a person who is ordinarily resident in the State and is so incapacitated that he or she requires full-time care and attention within the meaning of subsection (2).

[2005 (SW&P) s7(1)]

F1253[(2) For the purposes of the definition of‘relevant person’in this Part, a person shall not be regarded as requiring full-time care and attention unless the person is so incapacitated that he or she requires from another person—

(a) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or

(b) continual supervision in order to avoid danger to himself or herself.]

[2005 (SW&P) s7(1)]

(3) The Minister may make regulations specifying the circumstances and conditions under which a person is to be regarded as providing full-time care and attention to a relevant person.

225. Entitlement to respite care grant. [2005 (SW&P) s7(1)]

225.—(1) Subject to subsections (2) and (5), an annual grant (in this Act referred to as a “F1254[carer’s support grant]”) in the amount of F1255[€2,000] shall be payable to a carer in respect of each relevant person in his or her care and only one such annual grant shall be payable in respect of a relevant person.

[2005 (SW&P) s7(1)]

(2) Subject to subsections (3) and (4), a grant shall not be payable to a carer where—

(a) he or she engages in F1256[employment, self-employment, or any course of education or training], or

(b) he or she is entitled to or in receipt of F1257[jobseeker’s benefit] , F1258[jobseeker’s benefit (self-employed), jobseeker’s allowance or jobseeker’s pay-related benefit], or

(c) he or she is a person to whom article 58 of the Regulations of 1996 applies in respect of proven unemployment, or

(d) F1259[…]

(e) the relevant person is resident in an institution.

[2005 (SW&P) s7(1)]

(3) The Minister may by regulations provide that a carer may engage in F1256[employment, self-employment, or any course of education or training] subject to the limitations in relation to the hours or remuneration that may be prescribed and subject to the conditions and in the circumstances that may be prescribed.

[2005 (SW&P) s7(1)]

(4) The Minister may by regulations provide for entitling to a F1254[carer’s support grant] a carer who would be entitled to the grant but for the fact that the relevant person is temporarily resident in an institution or temporarily residing with another person.

[2005 (SW&P) s7(1)]

(5) Regulations made under this section may provide for the date in each year on which a F1254[carer’s support grant] shall become payable to a carer.

226. Medical examination. [2005 (SW&P) s7(1)]

226.—(1) A relevant person in respect of whose full-time care and attention a carer is entitled to a F1260[carer’s support grant] shall attend for or submit to any medical or other examination that may be required in accordance with regulations.

[2005 (SW&P) s7(1)]

(2) Regulations under subsection (1) may provide for disqualifying a person from receiving a F1260[carer’s support grant] where the relevant person, in respect of whose full-time care and attention the grant is payable, fails without good cause to attend for or to submit to any medical or other examination that may be required in accordance with those regulations.

PART 6 Family Income Supplement

227. Interpretation. [993 s197; 2005 (SW&P) s26 & Sch 4]

227.—In this Part—

“child”, in relation to a family, means a qualified child as defined in section 2(3) who normally resides with that family;

F1261[‘civil partner’includes a civil partner whose civil partnership has been dissolved, being a dissolution that is recognised as valid in the State;]

“family” means—

(a) a person who is engaged in remunerative full-time employment as an employee,

F1262[(b) where that person is living with or wholly or mainly maintaining—

(i) his or her spouse,

(ii) his or her civil partner, or

(iii) his or her cohabitant,

that spouse, civil partner or cohabitant, and]

(c) a child or children;

“F1263[working family payment]” shall be read in accordance with section 228;

“spouse” includes—

(a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, or

(b) F1264[…];

“weekly family income” means, subject to regulations under section 232, the amount of income received in a week by a family, less—

(a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001),

F1265[(aa) any allowable pension payment within the meaning of the Social Welfare (Consolidated Contributions and Insurability) (Amendment) (No. 1) (Refunds) Regulations 2003 (S.I. No. 698 of 2003),]

F1266[(ab) any participant contribution deducted from emoluments (within the meaning of Part 3 of the Automatic Enrolment Retirement Savings System Act 2024) in accordance with section 59(1)(b) of that Act,]

(b) any income tax payable under the Income Tax Acts as defined in section 1 of the Act of 1997 applicable to Schedule E,

(c) any contributions payable under section 13(2)(b) or regulations under section 14,

(d) F1267[…]

(e) F1268[…]

F1269[(f) any income of a person who in respect of that family is a child, or]

F1270[(g) any contribution payable under Part 18D of the Act of 1997 and known as universal social charge.]

228. F1275[Working family payment [1993 s198; 2004 s4(1)]

228.Subject to this Act, an allowance (in this Act referred to as ‘working family payment’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—

(a) in the case of a family which includes only 1 child, €765,

(b) in the case of a family which includes 2 children, €866,

(c) in the case of a family which includes 3 children, €967,

(d) in the case of a family which includes 4 children, €1,058,

(e) in the case of a family which includes 5 children, €1,184,

(f) in the case of a family which includes 6 children, €1,300,

(g) in the case of a family which includes 7 children, €1,436, or

(h) in the case of a family which includes 8 or more children, €1,532.]

229. Rate of supplement. [1993 s199(1)]

229.—(1) Subject to this Part, the weekly rate of F1276[working family payment] shall be 60 per cent of the amount by which the weekly family income is less than the amount appropriate in the particular case under section 228.

[1993 s199(2); 2001 s37 & Sch F]

(2) In calculating the weekly rate of F1276[working family payment] under subsection (1), any fraction of €1 shall be treated as €1 and where the weekly rate so calculated is below a prescribed amount, the supplement shall be payable at the prescribed amount.

230. Period of payment. [1993 s200(1)]

230.—(1) F1278[Working family payment] shall be payable for a period of 52 weeks (or such other period as may be prescribed) beginning on the date on which it is receivable in accordance with regulations and, except where regulations otherwise provide, the weekly rate of F1278[working family payment] payable shall not be affected by any change of circumstances during that period.

[1993 s200(2)]

(2) Where F1278[working family payment] is payable in respect of a particular family for any period, no person who was included in that family at the beginning of that period shall be regarded as a member of any other family during that period.

230A. F1280[Person to be regarded as member of one family only

230A....]

231. Person to whom supplement is payable. [1993 s201]

231.—F1281[Working family payment] shall be payable to the member of the family (other than a child) who is engaged in remunerative full-time employment as an employee or, where there are 2 members of the family so engaged, to the member whose weekly income as calculated for the purposes of F1281[working family payment] forms the greater part of the weekly family income as so calculated.

232. Regulations. [1993 s202(1)]

232.—(1) The Minister may make regulations for the purpose of giving effect to this Part.

[1993 s202(2)]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1):

(a) provide for the manner of calculation or estimation of weekly family income;

(b) provide, in calculating or estimating weekly family income, for the disregarding in whole or in part of any amount of that income from any source specified in the regulations;

(c) determine the circumstances in which a person shall be regarded as being engaged in remunerative full-time employment as an employee;

(d) require employers to give such information as the Minister may require for the purpose of determining a claim for F1282[working family payment].

[1993 s202(3)]

(3) The Minister may by regulations vary—

(a) the amounts specified in section 228, and

(b) the percentage rate specified in section 229(1),

but any such variation shall not reduce the amounts or the percentage rate applicable immediately before the commencement of those regulations.

233. Receipt of claims. [1993 s203(1)]

233.—(1) Regulations may provide for treating a claim for F1284[working family payment] as having been made on a date earlier than the date on which it is received, where it appears to the Minister that the claimant would have satisfied the conditions for entitlement to F1284[working family payment] during that period, but for the receipt by that person of F1285[jobseeker’s benefit], F1286[jobseeker’s benefit (self-employed), jobseeker’s allowance or jobseeker’s pay related benefit].

[1993 s203(2)]

(2) Where—

(a) in respect of any period any F1285[jobseeker’s benefit], F1286[jobseeker’s benefit (self employed), jobseeker’s allowance or jobseeker’s pay-related benefit] has been paid to or in respect of a person who, though entitled to F1284[working family payment] by virtue of subsection (1), is not in receipt of that supplement, and

(b) that benefit or F1287[allowance] is in excess of the amount which would have been granted to that person if he or she had been in receipt of F1284[working family payment],

the Minister may reduce any such supplement which is or may become payable to that person by the amount of the excess and that amount shall be treated as having been paid on account of the F1284[working family payment].

PART 7 Continued Payment for Qualified Children

234. Entitlement to payment. [1996 s7(1), 22 & Sch C; 1997 s7]

234.—(1) Subject to this Act, a continued payment for qualified children (in this Part referred to as a “continued payment”) shall be payable out of moneys provided by the Oireachtas to a person—

(a) (i) other than a person who is engaged in short-time employment, who—

(I) has been in receipt of F1288[jobseeker’s benefit], F1289[jobseeker’s allowance], or F1288[jobseeker’s benefit] and F1289[jobseeker’s allowance] in respect of not less than 312 days of unemployment in—

(A) a period of interruption of employment, within the meaning of section 62(5)(c), where the person is in receipt of F1288[jobseeker’s benefit], or

(B) a continuous period of unemployment, within the meaning of section 141(3), where the person is in receipt of F1289[jobseeker’s allowance],

in the immediately preceding period, and

(II) is in receipt of F1288[jobseeker’s benefit] or F1289[jobseeker’s allowance] which includes an increase in respect of at least one qualified child who normally resides with the person and is not a person to whom section 66(3), 146 or 297 (as the case may require) applies,

or

(ii) who is engaged in employment under a F1290[scheme provided by the Minister and known as Community Employment] and who, if he or she were in receipt of F1288[jobseeker’s benefit] or F1289[jobseeker’s allowance] would be entitled to an increase in respect of at least one qualified child who normally resides with the person and would not be a person to whom section 66(3), 146 or 297 (as the case may require) applies,

and

(b) who, in the case of a person to whom paragraph (a)(i) or (ii) applies, ceases, by virtue of having become engaged in employment which is expected to continue for a minimum of 4 weeks, to be entitled to F1288[jobseeker’s benefit] or F1289[jobseeker’s allowance] or ceases to be engaged in Community Employment.

F1291[(1A) Notwithstanding the provisions of this Part, a continued payment shall not be payable to a person for any period on or after the enactment of the Social Welfare (Miscellaneous Provisions) Act 2015.]

[1996 s7(1); 1997 s7]

(2) In this Part, “employment” means insurable employment or insurable self-employment, other than—

(a) employment under a F1290[scheme provided by the Minister and known as Community Employment],

(b) employment under any scheme which is F1290[provided by the Minister], other than a scheme known as the Jobs Initiatives Scheme, or

(c) employment of a seasonal nature.

235. Weekly rate of payment. [1996 s7(1)]

235.—(1) Subject to subsection (2), the weekly rate of continued payment shall be the amount payable to the person by way of an increase in F1292[jobseeker’s benefit] or F1293[jobseeker’s allowance] (as the case may require) in respect of each qualified child normally residing with the person immediately before that person takes up employment.

[1996 s7(1)]

(2) In the case of a person who immediately before he or she takes up employment was in receipt of F1293[jobseeker’s allowance], where the rate calculated under this section exceeds the rate of F1293[jobseeker’s allowance] which was payable to the person, the continued payment shall be payable at that rate of F1293[jobseeker’s allowance].

236. Period of payment. [1996 s7(1)]

236.—A continued payment shall be payable for the period during which the person is engaged in employment, up to a maximum of 13 weeks, beginning on the date on which it is receivable in accordance with regulations and the weekly rate of continued payment shall not be affected by any change of circumstances during that period.

237. Disqualification. [1996 s7(1)]

237.—(1) Except as provided for in subsection (2), receipt of a continued payment by a person shall be a disqualification for the receipt by that person of F1294[working family payment].

[1996 s7(1)]