S.I. No. 462 of 2011.
SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) (AMENDMENT) (NO. 2) (RENT SUPPLEMENT) REGULATIONS 2011
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations revoke the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Rent Supplement) Regulations 2011 (S.I. No. 393 of 2011) as they were made incorrectly and re-enact the provisions that were contained in those Regulations.
These Regulations revoke the provisions of paragraphs (a) and (b) of article 9(2) of the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 as these provisions are now contained in section 198(3F) of the Social Welfare Consolidation Act 2005. Section 198(3F) of the Social Welfare Consolidation Act 2005 provides, inter alia, that the rent supplement payable under the Supplementary Welfare Allowance scheme is not payable unless the Health Service Executive is satisfied that the claimant is a bone fide tenant and has been assessed by a housing authority as having a housing need.
These Regulations also re-enact the provisions of the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2010 in a more appropriate format. These provisions provide that landlords must supply the Health Service Executive with details of their tax reference numbers or notification that they do not have such a number and the reasons why (for instance, if they are not residing in the State) in such manner as the Minister may approve.