SWI - National Fuel Scheme

Guidelines for Area Managers and Inspectors

INDEX

1 General
2 Payment
3 Means Test
4 Assessment of Capital
5 Duration and Rate
6 Qualifying Conditions
7 Assessment of Income
8 Income Disregards
9 Administration
10 Change of Circumstances
11 Qualified Children
12 How to assess various groups
13 Appeals
14 Saver Clause
15 Separate Payment Cases
16 Who gets Fuel Allowance in Households with more than one Qualifying Member
17 Communal Heating/Subsidised Heating
18 Smokeless Fuel Allowance (SMOG ALLOWANCE)

1. General

The Department of Social Welfare took over the administration of the National Fuel Scheme in April 1988. The scheme itself was also extended at this point in time.

Free Fuel Allowance is an administrative scheme. It is not set out in legislation, (a statutory scheme). For this reason no right of appeal exists in the ordinary sense. If, however, the claimant can produce further evidence, that would effect the initial decision the case can then be re-examined.

2. Payment

The rate payable is 18.00 per week(20.00 per week from January 2009). An additional 3.90 per week is payable to those people entitled to the Smokeless Fuel Allowance.

Only one allowance is payable per household.

In the case of pensioners payment is made by payable order. This will be included in the claimant's weekly pension payment, where the renewal run allows it, or by a separate book of orders.

In the case of eligible JA recipients the relevant Local Office pays the allowance along with the unemployment payment.

In the case of those in receipt of the Health Service Executive payments, the relevant HSE pays the allowance usually in two instalments. The first payable before Christmas and the second after Christmas.

3. Means Test

An applicant and members of his/her household may now have a combined income of up to 100.00 a week, or, savings/investments of up to 58,000 above the appropriate maximum contributory rate, and still qualify for the allowance.

4. Assessment of Capital

The capital assessment arrangements for contributory pensioners is as follows:-

(a) The first 20,000 of capital is disregarded.
(b) Amounts in excess of 20,000 but not exceeding 30,000 (inclusive), the value is assessed at 1 per week for every 1,000.
(c) Amounts in excess of 30,000 but not exceeding 40,000 (inclusive), the value is assessed at 2 per week for every 1,000.
(d) Amounts in excess of 40,000, the value is assessed at 4 per week for every 1,000.

5. DURATION AND RATE OF THE SCHEME

The scheme runs for 32 weeks - from the late September to April. The rate of the allowance payable is currently 18 per week (20 per week from January 2009). An additional 3.90 per week is payable to those people entitled to the Smokeless Fuel Allowance.

Only one fuel allowance is payable per household.

6. QUALIFYING CONDITIONS FOR RECEIPT OF THE FUEL ALLOWANCE

To qualify for an allowance under the National Fuel Scheme an applicant must :

(A) be in receipt of one of the following payments:

State Pension (Contributory/Non-Contributory)
State Pension (Transition)
Widow's/Widower's (Contributory/Non-Contributory) Pension
Back-to-Work Allowance Scheme
Jobs Initiative
Incapacity Supplement
Blind Pension
Invalidity Pension
Deserted Wife's Benefit or Allowance
Disability Allowance
One-Parent Family Payment
Guardian's Payment (Contributory)
Guardian's Payment(Non-Contributory)
Farm Assist
Pre-Retirement Allowance
Prisoners Wives Allowance
Long-term Jobseeker's Allowance
Special Department of Defence Allowance
EU Social Security Pension
Quebec Social Security Pension
Australian Social Security Pension
Canadian Social Security Pension
American Social Security Pension
New Zealand Social Security Pension

Note

Occupational Injury Benefit, Illness Benefit and Disablement Benefit are not qualifying payments for receipt of the fuel allowance;

AND

(B) live alone or only with:

a dependant spouse/partner/child(ren)
(a child is regarded as dependant until s/he reaches the age of 18, or 22 if in full-time education);
other eligible recipients;
short-term Jobseeker's Allowance recipients;
a person who gives full-time care and attention if the applicant is an invalid or semi-invalid;

AND

(C) be unable to provide for his/her heating needs from his/her own resources.

A means test must be satisfied to fulfil these conditions - the applicant and household members cannot have a combined income of more than 100 per week or savings/investments of 58,000 or more in addition to the appropriate maximum contributory pension rate.

All non-contributory recipients are accepted as satisfying the means-test except for those who are in receipt of half rate IB, JB or OIB.

In addition, an applicant must not have :-

(a) his/her heating needs covered by a deed transferring property

Exceptions

Where an applicant's needs are covered under a deed transferring property but where the provision in the deed is not being honoured the actual circumstances of the client should be considered and a fuel allowance may be awarded, if warranted.

7. ASSESSMENT OF INCOME OF SPOUSE/PARTNER OF SOCIAL WELFARE RECIPIENT WHOSE SPOUSE IS EARNING LESS THAN 240.00 PER WEEK

A qualified adult allowance is payable to social welfare recipients (except in OAP cases) where the spouse/partner has earnings of not more than 240.00 per week.

In the case of contributory pensioners such as State Pension (Contributory), State Pension (Transition) and Invalidity pensioners the income of the qualified adult is assessable as means for the purpose of entitlement to fuel.

In the case of persons in receipt of assistance payments such as Jobseeker's Allowance or Pre-Retirement Allowance, the income of the qualified adult is disregarded for the purposes of entitlement to fuel on the basis that he/she has been means-tested already.

Persons who qualify for means tested pensions or allowances such as for Old Age (Non-Contributory) pension or One Parent Family Allowance automatically qualify for the fuel allowance provided they satisfy the other conditions of the scheme.

8. INCOME DISREGARDS FOR THE PURPOSE OF ENTITLEMENT TO FUEL ALLOWANCE

Child Benefit
Pay-related Benefit;
Guardian's Payment (Contributory);
Guardian's Payment (Non-Contributory);
Fostering Allowance;
Domiciliary Care Allowance; ) Health Board
Blind Welfare Allowance; ) Payments
Mobility Allowance; )
Rehabilitation and training allowance; )
Income arising from employment by a Health Board as a home help.
Any supplement (diet, rent, heating, travel ) payable under SWA by the HSE.

NOTE

The following payments may be made in addition to the social welfare pension in certain cases:

half rate Occupational Injury Benefit;
Workmen's Compensation supplement;
half rate JB/ IB.
Disablement Benefit

Such payments are assessable as income for fuel purposes in accordance with 4 (c) above.

9. ADMINISTRATION

(a) Existing Fuel Recipients

All existing fuel recipients will automatically receive the allowance again this season. If it comes to light that a recipient's circumstances have changed since the end of the last fuel season his/her entitlement should be re-examined. See Section 8/9 for a list of the changes in circumstances which would affect entitlement.

(b) New Social Welfare Claimants

Where possible a decision on fuel entitlement should be made in respect of the new pension applicant when the pension entitlement is being decided.

New State Pension (Transition)/State Pension (Contributory) or State Pension (Non-Contributory) applicants who had a fuel allowance on their previous payment (e.g. Inv., DWB, PRETA, LTJA, LP'S, WCP/WNCP etc. going on to SP/SPC/SPNC) can automatically be re-awarded the Free Fuel Allowance (FFA) if :

conditions under 4 (c) are still satisfied
there are no changes in family circumstances

10. CHANGES OF CIRCUMSTANCES WHICH WOULD AFFECT ENTITLEMENT TO FUEL Allowance

The changes in circumstances which could affect the fuel allowance entitlement of the client are as follows:

(a) Qualified Adult commences employment or qualifies for a Social Welfare payment in his/her own right.

The fuel allowance entitlement should be reviewed as the allowance would have to cease unless the other payment was a qualifying payment for fuel allowance purposes.

(b) Qualified Child allowance discontinued

All cases where this has been discontinued should be reviewed.

If the living alone allowance has been discontinued the fuel allowance entitlement should be reviewed;
If the pensioner re-marries the household entitlement should be re-examined

(d) Change of Address

Where a client has changed address the fuel allowance entitlement should be reviewed.

(e) Change in the client's financial circumstances.

11. QUALIFIED CHILD(REN) REACH(ES) 18 (OR 22) DURING FUEL SEASON

If a child dependant reaches 18 during the fuel season (or 22 if in full-time education) the fuel allowance can stay in payment until the end of the season. Entitlement must, however, be reviewed for the start of the next fuel season. If the child dependant is in full-time education and over 18, evidence must be produced to show that he/she is pursuing a full-time course.

12. HOW TO ASSESS VARIOUS GROUPS

(a) Pro-rata pensioners (single or married rates)

Convert the foreign pension to EURO and add it to the Irish pro-rata pension. If the total sum plus any other income is not more than 100 above the appropriate Irish maximum pension rate that the pensioner would get if all his/her contributions were Irish, and the household does not have savings/investments over 58,000 then s/he qualifies for fuel. Once the other qualifying conditions are met, fuel is payable.

(b) European Union (EU) pensioners (single or married rates)

If the E.U. pension rate in punts plus any other income is not more than 100 above the Irish maximum rate of the comparative pension, the pensioner qualifies for fuel. Once the other qualifying conditions of the scheme are met, fuel is payable.

(c) Conversion Rates to Use

The most favourable conversion rate should be used for people who apply by the end of December. For anyone who applies after December, the Jan-Mar conversion quarter should be used.

(d) British Retirement Pension (BRP) Couples Where Both Are Pensioners & One is Under 66

Where a married British Retirement Pensioner is eligible for fuel (e.g. aged 66 or over) and his/her spouse has a BRP which is actually just the Qualified Allowance (QA) part of the BRP, (it's always paid separately), the spouse can be considered as an Qualified Adult in line with the practice in Free Schemes and the household conditions will be satisfied.

Where a married British Retirement Pensioner who applies for fuel, is over 66 but his spouse is under 66 and getting a BRP in her own right, (women can get a BRP on their own insurance at age 60), he cannot get the fuel as her income is considered to be outside the qualifying categories and the household conditions won't be satisfied. This decision is in order not to discriminate against "Irish Pension" couples where the woman cannot claim an Irish Old Age Pension until age 66.

A check should be made with the DSS whether the wife is getting her payment on
(a) her husband's insurance
(b) or on her own insurance.

Note: A single woman BRP under 66 cannot get a FFA either, nor can anyone she lives with as the household conditions would not be satisfied (because she is not one of the qualifying categories).

13. APPEALS

As the NFS is not a statutory scheme i.e. it is not set out in legislation, no automatic right of appeal exists. It is what is described as an administrative scheme. However, if people appeal the decision on their fuel application the decision should be re-examined in the light of any new facts available and a reply issued to the claimant explaining the reason he/she do not qualify for an allowance.

14. SAVER CASES

Saver cases are old Urban Fuel Scheme (UFS) or National Fuel Scheme (NFS) recipients who had their entitlement "saved" when the UFS was phased out and the NFS extended to become the only fuel scheme. The change-over date was April 1988 (end of the 87/88 heating season) and they switched to the NFS for the Oct. '88 - April '89 season. These cases were put on screen with the codes 98 (UFS) or 99 (NFS).

UFS savers will receive a fuel allowance for as long as they satisfy the qualifying conditions of the Urban Fuel Scheme. The UFS was operated by the Local Authorities and had automatic entitlement for recipients of Old Non-Contributory Pensions, Blind Pensions and Widows Pensions ( both contributory and non-contributory) regardless of means, subject to the one per household rule, provided they resided in the functional area of the Local Authority or in a house provided by it.

Persons who received a fuel allowance from the Health Service Executive under the old NFS will continue to have an entitlement UNLESS a change in circumstances has occurred since 15.4.88.

15. SEPARATE PAYMENT CASES

In these cases the fuel allowance is legally payable to the person holding entitlement to the pension regardless of whether the separated spouse is residing in the same household or not. The spouse in receipt of the QA payment has no legal entitlement to a fuel allowance in his/her own right.

However, if the holder of the allowance agrees that it should be paid to the spouse this arrangement should be made by payments section. If the holder of the allowance does not agree to this arrangement and after investigation by a HEOI it is confirmed that the 18.00/3.90 is not being spent on fuel, payment of the fuel allowance may be made to the spouse. Although there is no legal basis for doing this the Department would be acting in the best interests of the household and/or dependants.

16. WHO GETS THE ALLOWANCE IN HOUSEHOLDS WITH MORE THAN ONE QUALIFYING MEMBER

Household Type	Who should get the allowance
People receiving:	Recipient is:
Social Welfare Pension/long-term JA or PRETA	Social Welfare Pensioner
long-term JA/PRETA	PRETA Recipient
Long-term JA or PRETA/HSE Payment	Long-term JA or PRETA
Social Welfare Pension/HSE Payment	Social Welfare Pensioner
Social Welfare Pension/EU/Austrian/Canadian/Swiss Social Security Pension	Social Welfare Pensioner
EU or Austrian/Canadian/American/Swiss Social Security Pension / Long-term UA	EU/Austrian/Canadian/American/Swiss Pensioner
EU or Austrian/Canadian/Australian/American/Swiss Social Security Pension / Health Board payment	EU/Austrian/Canadian/Australian/American/Swiss Pensioner

17. COMMUNAL HEATING/SUBSIDISED HEATING

The restriction on persons with subsidised heating has been removed.

Previously the fuel allowance was not payable in cases where a person was benefiting from a communal heating service in certain flat complexes provided by Dublin City Council and other local authorities throughout the country.

As announced in the Budget on 7th December 2005, tenants residing in local authority complexes with communal heating arrangements will now qualify for fuel allowance if they satisfy the other conditions of the scheme. The Budget provision comes into effect from 1st January 2006 for new applications. There is no back-dating for these applicants into 2005 or previous years.

18. THE SMOKELESS FUEL ALLOWANCE (SMOG ALLOWANCE)

(a) As part of the National Environment Action Plan to combat smog pollution in the Dublin area a special Smokeless Fuel Allowance of 3.90 per week for low income households was introduced from the start of the 1990/91 fuel season. The Smokeless Fuel Allowance was extended to include Cork city and adjacent areas from 13 February 1995. These areas include the whole of Dublin City and Dun Laoghaire, the built up areas of the county and adjacent areas including Little Bray. In 1998 the payment of the Smokeless Fuel Allowance was extended to five new designated areas in Arklow, Drogheda, Dundalk, Limerick and Wexford. The ban on the sale of bituminous coal was extended from October 2000 to the following towns and cities as well as their adjoining built-up areas; Galway City, Waterford City, Celbridge, Leixlip and Naas. Part of Waterford City is located in the administrative area of Kilkenny Co Council. From 29th September 2003 smokeless fuel was extended to the borough areas of Bray, Kilkenny,Sligo and Tralee.

(b) In all cases the allowance applies for the period of the heating season under the National Fuel Scheme.

The allowance is payable in the areas covered by the ban on the sale and distribution of bituminous coal. (see below)

Note: Persons receiving short-term Jobseeker's Allowance, Jobseeker's Benefit or Illness Benefit for at least 3 months who satisfy the qualifying conditions of the National Fuel Scheme (see section 4(B) and 4(C)) and/or persons receiving Family Income Supplement (FIS) who satisfy the living alone conditions of the National Fuel Scheme (See section 4(B)); may also qualify for a smokeless fuel allowance.

Payment of the allowance will be made by the inclusion of an additional 3.90 per week in the weekly payable orders for the relevant period in pension books issued to receipients who live in the designated areas.

(c) How Will The Allowance Be Paid?

i) Qualified recipients of a pension or Family Income Supplement (FIS) will receive an additional 3.90 per week in their social welfare payment,

ii) Qualified recipients of Jobseeker' Allowance or Benefit will receive an additional 3.90 with their weekly payment,

iii) Qualified recipients of Illness Benefit will receive an additional 3.90 with their weekly cheques,

iv) Qualified recipients of HSE payments should receive an additional 3.90 with their weekly payment.

(d) In what areas will the allowance be payable?

Dublin

The allowance will be payable in the areass covered by the ban on the sale and distribution of bituminous coal. This includes the whole of Dublin City and Dun Laoghaire, the built up areas of the county and adjacent areas including Little Bray. A List of areas not covered in Dublin is outlined in section (e)

Cork

The areas covered in Cork are as follows:-
-County Borough of Cork
-the District Electoral Divisions of Ballincollig, Doughs, Inishkenny, Lehenagh, Rathcooney and
-that part of the District Electoral divisions of Bishopstown and St. Marys's not within the county borough of Cork.

Limerick

The county borough of Limerick together with the included areas of the administrative county of Limerick and the included areas of thr administrative county of Clare.

The included areas of the administrative county of Limerick are :-

1. In the District Electoral Division of Ballycummin, the townlands of :-

Ballycummin
Ballykeeffe
Baunacloka
Bouncily
Castlemungret
Dooradoyle
Gouldavoher
Monition
Skehacreggaun
Sluggary

2. In the District Electoral Division of limerick North Rural, the townlands of :-

Ballygrennan
Caherdavin
Clonconane
Clondrinagh
Clonmacken
Coonagh East
Coonagh West
Knock
Shannabooly

3. In the District Electoral Division of Ballysimon, the townlands of :-

Ballysimon
Ballysimon (Dickinson)
Dromroe
Garryglass
Kilbane
Newcastle
Newtown (E.D.Ballysimon)
Peafield
Sreelane
Towlertown

4. In the District Electoral Division of Limerick South Rural, the townlands of :-

Banemore
Bohereen (E.D. Limerick-South)
Crabb's-land
Crossagalla
Monaclinoe
Rathbane South
Reboge
Reboge Meadows
Rossbrien
Singland

5. In the District Electoral Division of Ballyvara, the townlands of :-

Castletroy
Rivers

The included areas of the administrative County of Clare are :-

In the District Electoral Division of Ballyglass, the townlands of :-

Athlunkard
Ballykeelaun
Fairyhill
Garraun
Gortatogher
Knockballynameath
Kilquane
Parteen
Quinnspool South

Arklow

The urban district of Arklow together with the included areas of the administrative County of Wicklow. The included areas of the administrative County of Wicklow are :-

1. In the District Electoral Division of Kilbride (Arklow), the townlands of :-

Kilbride
Killiniskyduff
Seabank

2. In the District Electoral Division of Arklow Rural, the townland of Moneylittle.

Drogheda

The borough of Drogheda together with the included areas of the administrative county of Meath. The included areas of the administrative of Meath are :-

In the District Electoral Division of St. Mary's, the townlands of :-

Lagvooren
Bryanstown

Dundalk

The urban district of Dundalk.

Wexford

The restricted area includes the whole of the Borough as well as all adjacent built-up areas in the county.

(i) Carcur to Ferrycarrig Road (R730).

The major housing developments known as:

Farnogue Terrace
Farnogue Park
Parkside

and all other developments as far as the road junction with Park Lane.

(ii) Spalwell Road to Carricklawn (Old County Hospital) to Park (LT 30123).

The major housing developments known as:

Priory Court
Priory Hall
Walnut Grove
Park View

and all other developments as far as the road junction at Park.

(iii) Newtown Road to Wexford Racecourse (R690)

The major housing developments known as:

Parklands
Bayview Drive
Newtown Court
Glenbrook
Newlands

and all other developments as far as the townland boundary of Carricklawn and Wexford Racecourse (excluding Racecourse).

(iv) From the 'Green' at Windmill Hills along Coolcotts Lane to the Greyhound Training Track (LP 3013-01).

The major housing developments known as :

Slaney Court
Carricklawn
Meadowlands
Belevedere Grove
Ashleigh Park
Ashfield Drive
Ferndale Park
Laurel Close
The Chase
Shana Court

and all other developments as far as the Greyhound Training Track.

(v) Summerhill and Clonard Road to just beyond the Clonard Road Service Station.

The major housing developments known as:

Pineridge
Summerhill Heights
The Laurels
Beechlawn
Woodfield
Clonard Park
The Grove
Beechville

and all other developments as far as 'just beyond' the Clonard Road Service Station.

(vi) From the Whitemill Lounge along Whitemill Road as far as the Junction with the Duncannon Line (R733)

The major housing developments known as:

Liam Mellows Park
Ardcarman
Avondale Drive
Pinewood Estate

and all other developments ect. as far as Killeens Lane (on the R733).

(vii) From Jimmy Browne's Pub along the Duncannon Line (R.733) as far as Killeens Lane.

The major housing developments known as:

Kennedy park
Highfields
Pinewood Estate
Richmond
McClure Meadows

and all other developments as far as Killeen's Lane.

(viii) From Jimmy Browne's Pub, south up Whiterock Hill as far as Pembrokestown Rd.

The major housing developments known as:

Whiterock Hill

and all other developments as far as Pembrokestown.

(ix) From the Folly along Mulgannon Road (to the last house on the road).

The major housing developments known as:

Cromwells Fort
Ave de Flanders
Campara Close
Hillcrest
The Fairways
Tober Ban
Mulgannon

and all other developments to the last house on the road.

(x) From William Street to Kerlogue Junction (R730).

The major housing developements known as:

The Faythe
William Street
Maudlinton
Rocklands
Rocksborough

and all other developments as far as the junction at Kerlogue (R730).

(xi) From Wexford Bridge as far as the junction with Crosstown Road (R.741).

The major housing developments known as :

Tincone
Ferrybank
Riverside
Crosstown

and all othe developments as far as the junction with Crosstown Road.

The area is more precisely defined in the Regulations bringing in the ban, and a detailed map can be viewed during office hours at the offices of:

Wexford Borough Corporation, Muncipal Buildings, Wexford or
Wexford County Council, County Hall, Wexford.

Bray

The town of Bray together with the included area of the adminstrative County of Wicklow.

The area included in the adminstrative County of Wicklow is in the:

(i) District Electoral Division No. 3, of the townland Kilruddery (Southern Cross Road).
(ii) The included area is all that area comprised between an imaginary line at the Southern Cross Road (Including all estates thereon), to the South of the town and the existing town boundary with Dun Laoghaire Rathdown County Council to the North of the town.

Kilkenny

The restricted area covers the administrative area of Kilkenny Borough Council and the environs of Kilkenny City

Sligo

The restricted area of Sligo includes the entire Borough of Sligo as well as the adjoining areas ofthe adminstrative county of Sligo within the Townlands of:

Knappaghmore
Finisklin
Ballydoogan

Tralee

The Urban District of Tralee together with the included areas of the administrative County of Kerry. The included areas of the administrative County of Kerry are:

1. In the District Electoral Division of Ballyseedy, that part of the townland of Caherweesheen, from the boundry on the N70 to Skehanagh Cross west along the L12011 to Watson's Cross at the Town boundry.

2. In the District Electoral Division of Rathass, the townland of Ballinorig East.

3. In the District Electoral Division of Tralee Rural, the townland of Killeen.

Part of the townland of Lisloose from the junction of the R556 and the L6093 (Bullock Hill) west along the town boundry of the Sunday's Well housing scheme and then north to the L6093 (Bullock Hill) and east to the junction of the R556 and the L6093.

Part of the townland of Ballynahoulourt from the town boundry on the disused railway line north to where it branches off to the disused Fenit railway line and then south along the boundry of the Grove housing scheme and east of the town boundry as far as the disused railway line.

4. In the District Electoral Division of Clogherbrien
Part of the townland of Clogherbrien from the roundabout at Mounthawk west along the R558 to the townland boundry of Ballyenaghy and then south-east along the townland boundry of Ballyenaghy as far as the townland boundry.

(e) Areas Not Covered For Receipt of the Allowance In Dublin

Residents of the areas of Dublin county listed below are excluded from receipt of the smokeless fuel allowance (as the ban on bituminous coal does not apply here):

* the District Electoral Divisions of:

Balbriggan Rural
Balbroggan Urban
Ballinascorney
Ballyboghil
Balscadden
Clonmethan
Donabate
Garristown
Hollywood
Holmpatrick
Kilsallaghan
Lusk
Newcastle
Rathcoole
Rush
Saggart
Skerries
Tibradden

* that part of the District Electoral Division of Swords-Lissenhall situated north of the Broad Meadow River.

* that part of the District Electoral Division of Glencullen situated west of an imaginary line drawn as follows:

commencing at the junction of Slate Cabin Lane and Woodside Road, thence in a south-easterly direction and proceeding along Woodside Road and Ballyedmonduff Road to the county boundary at Glencullen Bridge.

* that part of the District Electoral Division of Bohernabreena situated south of an imaginary line drawn as follows:

commencing at the junction of Kiltipper Road and Ballymana Lane, thence in an easterly direction to the junction of Daltree Road and Oldcourt Road.