Civil Law (Miscellaneous Provisions) Act 2022

PART 1 Preliminary and General

1. Short title and collective citation

1. (1) This Act may be cited as the Civil Law (Miscellaneous Provisions) Act 2022.

(2) The Road Traffic Acts 1961 to 2018 and Part 7 may be cited together as the Road Traffic Acts 1961 to 2022.

2. Commencement

2. (1) Parts 1, 4, 5 and 8 shall come into operation on such day or days as the Minister for Justice may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(2) Parts 2 and 3 shall come into operation on such day or days as the Minister for Children, Equality, Disability, Integration and Youth may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Part 6 and 7 shall come into operation on such day or days as the Minister for Transport may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

3. Expenses

3. The expenses incurred by the Minister for Justice and the Minister for Transport in the administration of this Act, and by any other Minister of the Government in the administration of any other Act in so far as that other Act is amended by this Act, shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

PART 2 Financial Contribution for Hosting of Temporary Protection Beneficiaries

4. Interpretation (Part 2)

4. (1) In this Part—

“Act of 2005” means the Social Welfare Consolidation Act 2005;

“Act of 2011” means the Communications Regulation (Postal Services) Act 2011;

“appeals officer” means a person appointed by the Minister for Social Protection in accordance with section 12;

“applicant” means a person who makes an application under section 7(1);

“appointed officer” means a person designated by the Minister for Social Protection under section 10;

“Eircode” means a postcode allocated under the national postcode system;

“eligible dwelling” means a dwelling to which an Eircode has been allocated;

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);

“Minister” means the Minister for Children, Equality, Disability, Integration and Youth;

“national postcode system” has the same meaning as it has in section 66 of the Act of 2011;

“personal public service number” means a number allocated and issued in accordance with section 262 of the Act of 2005;

“postcode” has the same meaning as it has in section 66 of the Act of 2011;

“qualifying period” means the period commencing on 4 March 2022 and expiring on the scheme termination date;

“scheme termination date” means 31 March 2023 or such later date as may be specified by the Minister in an order made by him or her under subsection (2);

“temporary protection beneficiary” means a person to whom section 60 of the International Protection Act 2015 applies on foot of Council Implementing Decision (EU) 2022/382 of 4 March 2022[^1] and who has been given a permission to reside in the State under subsection (6) of that section, which permission is valid.

(2) The Minister may, following consultation with the Minister for Social Protection and the Minister for Public Expenditure and Reform, make an order that the date referred to in the definition of “scheme termination date” in subsection (1) shall be such date as is later than 31 March 2023 as the Minister considers appropriate and specifies in the order, having regard to the matter specified in subsection (3).

(3) The Minister shall, in making an order under subsection (2), have regard to the need to continue to make provision for a financial contribution to assist in increasing the availability of accommodation for temporary protection beneficiaries.

(4) Where an order under subsection (2) is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.

5. Expenses of Minister (Part 2)

5. The expenses incurred by the Minister in the administration of this Part shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

6. Eligibility for financial contribution

6. (1) Subject to subsections (2) and (3), a person shall be eligible for a financial contribution in respect of an eligible dwelling for a calendar month where the following conditions are satisfied:

(a) the person is—

(i) an owner of the dwelling, or

(ii) where the dwelling is the subject of a tenancy, a tenant in respect of the dwelling;

(b) the person is a natural person;

(c) the person has granted to one or more temporary protection beneficiaries the right to enter the dwelling and to occupy all or part of the dwelling;

(d) one or more temporary protection beneficiaries occupy the dwelling or part of the dwelling on the last day of the calendar month;

(e) there is, on the last day of the calendar month, no rental agreement in respect of the dwelling or part of the dwelling in effect between the person and one or more of the temporary protection beneficiaries referred to in paragraph (d);

(f) none of the temporary protection beneficiaries referred to in paragraph (d) (either in his or her own right or as a minor under the care of an adult) receive any of the following in respect of the dwelling for the calendar month:

(i) payment of a supplement towards the amount of rent payable by a person in respect of his or her residence payable in accordance with regulations made under section 198 of the Act of 2005;

(ii) housing assistance, within the meaning of Part 4 of the Housing (Miscellaneous Provisions) Act 2014;

(iii) social housing support, within the meaning of the Housing (Miscellaneous Provisions) Act 2009;

(g) the calendar month falls in the qualifying period;

(h) the person has made an application for a financial contribution in accordance with section 7;

(i) a declaration under section 7(3) has been provided by the person in respect of the dwelling and has not been revoked on or before the last day of the calendar month;

(j) the person has, where a request for information has been made under section 10(3), provided the information requested to the appointed officer concerned.

(2) No more than one financial contribution shall be payable in respect of an eligible dwelling for a calendar month.

(3) Where there is more than one owner or tenant in respect of an eligible dwelling for a calendar month, only one owner or tenant, as the case may be, shall be entitled to a financial contribution in respect of the eligible dwelling for the calendar month.

(4) In this section, “rental agreement” means an agreement or arrangement under which one party grants to the other party a right to occupy all or part of a dwelling, subject to the payment of money by that other party to the first-mentioned party.

7. Application for financial contribution

7. (1) An application by a person for a financial contribution in respect of an eligible dwelling shall be made to the Minister for Social Protection.

(2) An application under subsection (1) shall include the following:

(a) the name of the applicant;

(b) the address of the applicant;

(c) the personal public service number of the applicant;

(d) the following information in respect of each temporary protection beneficiary occupying the eligible dwelling:

(i) name;

(ii) personal public service number;

(iii) date on which occupation of the eligible dwelling commenced;

(iv) where applicable, the date on which occupation of the eligible dwelling ceased;

(e) the declaration made under subsection (3);

(f) the address of the eligible dwelling;

(g) the Eircode of the eligible dwelling;

(h) the date of commencement of the period for which the application for a financial contribution is being made;

(i) such other matters as may be prescribed.

(3) An applicant for a financial contribution in respect of an eligible dwelling shall make a declaration—

(a) that the applicant has granted to one or more temporary protection beneficiaries the right to—

(i) enter the dwelling in respect of which the application is made, and

(ii) occupy all or part of the dwelling for not less than 6 months,

(b) that the applicant is—

(i) an owner of the dwelling, or

(ii) where the dwelling is the subject of a tenancy, a tenant in respect of the dwelling,

(c) that one or more temporary protection beneficiaries are occupying the dwelling or part of the dwelling,

(d) where the applicant is a tenant in respect of the dwelling, that the owner and other tenants, if any, have consented to the occupation of the dwelling or part of the dwelling by one or more temporary protection beneficiaries,

(e) where there is more than one owner or tenant in respect of the dwelling, that the other owners or tenants, as the case may be, have consented to the applicant making the application, and

(f) as to such other matters as may be prescribed for the purpose of ensuring the suitability of the dwelling.

(4) An applicant may at any time revoke a declaration made by the applicant under subsection (3).

8. Payment of financial contribution

8. (1) Where—

(a) an appointed officer is satisfied, following an application under section 7,that the applicant satisfies the conditions specified in section 6(1) in respect of an eligible dwelling for a calendar month, or

(b) it is determined on appeal under section 13(3) that the applicant satisfies the conditions specified in section 6(1) in respect of an eligible dwelling for a calendar month,

a financial contribution in respect of the eligible dwelling for the calendar month shall be payable by the Minister for Social Protection to the applicant.

(2) The Minister shall, after consultation with the Minister for Social Protection, reimburse the Minister for Social Protection, out of moneys granted by Dáíl Éireann to the Minister, in the amount of the moneys paid by the Minister for Social Protection in accordance with subsection (1).

9. Amount of financial contribution

9. (1) The amount of a financial contribution payable under this Part in respect of an eligible dwelling for a calendar month shall be—

(a) €400, or

(b) where an amount stands specified in an order under subsection (2) for the purposes of this paragraph, that amount.

(2) The Minister may by order, made with the consent of the Minister for Social Protection and the Minister for Public Expenditure and Reform, specify an amount for the purposes of subsection (1)(b), having regard to the matters specified in subsection (3).

(3) Before making an order under subsection (2), the Minister shall have regard to the likely effect of the amount to be specified in the order on—

(a) the number of persons who avail of the financial contribution (including where the scheme termination date is extended in accordance with section 4(2)),

(b) the number of temporary protection beneficiaries to whom accommodation is provided by persons referred to in paragraph (a), and

(c) the cost to the Exchequer of the payment of financial contributions under this Part,

but shall not have regard to the costs to persons referred to in paragraph (a) of provision of accommodation to temporary protection beneficiaries.

(4) Where an order is proposed to be made under subsection (2), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving the draft has been passed by each such House.

10. Appointed officers

10. (1) The Minister for Social Protection may designate, in writing, such and so many members of the staff of the Minister for Social Protection as he or she considers appropriate to be appointed officers under this Part and a person so designated shall be an appointed officer for such period as the Minister may determine.

(2) Subject to this Part, and in accordance with the regulations, if any, made under section 21,every question arising—

(a) as to whether an applicant satisfies the conditions specified in section 6(1) in respect of an eligible dwelling, whether at the time of application or at a later date, and

(b) as to such other matters, if any, in relation to an application under this Part which are prescribed as matters to be decided by an appointed officer,

shall be decided by an appointed officer.

(3) An appointed officer may, for the purpose of—

(a) making a decision referred to in subsection (2), or

(b) confirming whether the conditions specified in section 6(1) continue to be satisfied in respect of an eligible dwelling,

request an applicant to provide to him or her such information as the appointed officer may reasonably require.

11. Notification of decisions by appointed officer

11. (1) An appointed officer shall, having considered whether an applicant, at the time of application, satisfies the conditions specified in section 6(1) in respect of an eligible dwelling, notify the applicant of the appointed officer’s decision as to whether those conditions are satisfied at that time.

(2) An appointed officer shall, where he or she is satisfied that an applicant, having satisfied the conditions specified in section 6(1) at the time of application in respect of an eligible dwelling, has ceased to satisfy those conditions at a later time, notify the applicant of the appointed officer’s decision that those conditions are no longer satisfied.

(3) Where an appointed officer makes a decision as to a matter, relating to an application under this Part, which is prescribed as to be decided by an appointed officer, the appointed officer shall notify the applicant of the decision.

(4) A notification under this section shall—

(a) be made not later than 21 days after the date of the decision, and

(b) where the decision is adverse to the applicant—

(i) give the reasons for the decision, and

(ii) inform the applicant of the right to appeal the decision under section 13 and the time within which an appeal may be brought.

12. Appeals officers

12. (1) The Minister for Social Protection may appoint such and so many officers of that Minister as he or she thinks proper to be appeals officers for the purposes of this Part, and every person so appointed shall be an appeals officer during the pleasure of that Minister.

(2) An appeals officer shall be independent in the performance of his or her functions under this Part.

13. Appeals

13. (1) Where an applicant is aggrieved by a decision of an appointed officer, the applicant may appeal the decision in writing to the Minister for Social Protection within 21 days of the date of the notification of the decision.

(2) Where an appeal is made to the Minister for Social Protection under subsection (1), he or she shall designate an appeals officer (in this section referred to as a “designated appeals officer”) to determine the appeal.

(3) A designated appeals officer shall—

(a) make a decision determining the appeal as soon as is practicable in all the circumstances of the case which may be a determination to—

(i) confirm the decision the subject of the appeal, or

(ii) annul the decision and replace it with such other decision as the designated appeals officer considers appropriate,

and

(b) notify the applicant and the appointed officer of the decision.

(4) A notification under subsection (3)(b) shall give the reasons for the decision.

14. Change in circumstances

14. Where an applicant becomes aware of a change in circumstances regarding any of the matters referred to in section 6(1)(a) to (f) or affecting information provided by the applicant under section 7 (including any information included in a declaration provided under section 7(3)), the applicant shall notify the Minister for Social Protection in writing of the change in circumstances as soon as reasonably practicable after the applicant becomes aware of that change.

15. Recovery of overpayment

15. Where—

(a) the Minister for Social Protection pays a financial contribution to a person in accordance with this Part, and

(b) that Minister subsequently ascertains that the person was not entitled to the financial contribution, or part of the financial contribution, because of fraud or for any other reason,

that financial contribution, or part of that financial contribution, as the case may be, shall be recoverable as a debt due to the State and, without prejudice to any other remedy, shall be recoverable by the Minister for Social Protection as a debt under statute in any court of competent jurisdiction.

16. Sharing of information

16. (1) The information specified in subsection (2) may be disclosed in accordance with subsections (3), (4) and (5).

(2) The information referred to in subsection (1) is the following:

(a) in respect of an applicant, the name, personal public service number, address and number of eligible dwellings in respect of which a financial contribution is being paid;

(b) in respect of an eligible dwelling, the Eircode;

(c) in respect of a temporary protection beneficiary, the name and personal public service number.

(3) The Minister and the Minister for Social Protection may disclose between them the information specified in subsection (2) for the purposes of administering the application for and payment of financial contributions under this Part.