Differential Rent Scheme 2018

KILKENNY COUNTY COUNCIL

DIFFERENTIAL RENT SCHEME 2018

 

1. Scope of Scheme

The Scheme applies to all Local Authority dwellings under the control of KILKENNY COUNTY COUNCIL. The Scheme applies to RAS and HAP tenants and also Approved Housing Body tenants where applicable. It supersedes all existing rent schemes.

2. Minimum Rent:

The minimum rent for any dwelling shall not be less than €27.50 per week excluding additional charges. This is subject to change in line with changes in social welfare rates of payments. A single person living alone on the minimum social welfare rent will be charged at the minimum rent. This does not apply to OAP (clause 10.0).

Prefabs to be charged at €5.00 per week. Demountable to be charged at €12.50 per week.

3. Maximum Rent:

No maximum rent applies. The rent as calculated will be charged.

4. Fixed Rents:

All existing fixed rents shall be increased by €2.00 per week. Tenants on fixed rents shall be entitled to opt for the differential rent system where this would result in a lower rent.

5. Rounding Off:

All rents shall be rounded up or down to the nearest €0.50.

6. Principal Earner:

The principal earner is the person (tenants or occupant) who is in receipt of the highest income. For couples whether married or common law, partner, joint tenants, etc., add both incomes together for Principal Earner, i.e., spouses/partners are not to be classed as subsidiary earners.

7. Subsidiary Earners:

Subsidiary earner is a member of the household other than the principal earner who has an income. After the rent payable by the principal earner has been calculated, for those in receipt of social welfare payment, one seventh of the income of each subsidiary earner which exceeds €32.00 per week shall be added, subject to a maximum contribution of €20.00 per week per subsidiary earner
Or
For those in receipt of income from employment, one seventh of the income of each subsidiary earner which exceeds €32.00 per week shall be added, subject to a maximum contribution of €25.00 per week per subsidiary earner.

8. Dependent Children

A deduction of €1.50 per child regardless of number of children and age.

A dependent child is a child who is under the age of 16 years or who being under 21 years is attending a full time course of education and is wholly or mainly maintained by the tenant.

9. Differential Rents:

9.1 Differential rents will be calculated as follows:

9.1.1 The first €38 assessable income will be disregarded in all cases

9.1.2 Where the assessable income is €114.00 or under rent will be charged on the basis of one sixth 1/6 of the income over €38

9.1.3 Where the assessable income is in excess of €114.00 per week, rent will be charged on the basis of one sixth of income between €38.00 and €114.00 and one fifth of all income over €114.00

9.1.4 When the differential rent on the assessable income of the principal earner has been calculated, it will increase by the amount payable by each subsidiary earner in accordance with paragraph 7 above.

9.1.5 When the weekly rent is calculated in accordance with paragraphs 9.1.1 to 9.1.4 above, it will be reduced for dependent children in accordance with paragraph 8 above.

10.0 O.A.P Income Household:

10.1 An OAP in receipt of state pension, this is calculated at minimum rent (excluding additional charges). Where the state pension is a joint/combined pension (i.e. for 2 persons) it will be calculated in line with 10.2

10.2 Two OAP's in household, each in receipt of single source of state pension:
Both pensions will be calculated at minimum rent on each pension
(excluding additional charges).

10.3 Any other additional source of income will be calculated at 9.0 above
10.4 Where the only household income is from state pension the following
Cap on rent increases apply:

a) Single State Pension - Cap of €2.50 per week
b) Joint / Combined State Pension - Cap of €5.00 per week

11. Assessable Income:

11.1 Assessable income of the principal earner is income from the following sources, assessed in full but reduced by pay related social insurance contributions, pension levy and any income tax payable on such income.

11.1.1 Income from employment including self employment.

11.2 Tenants with income from "Community Employment Scheme" their rent will be calculated on income assessed as Unemployment Benefit / Assistance.

11.2.1 All social insurance and social assistance payments, allowances and pensions
except payments listed at 11.3 below.

11.2.2 Income from pensions of kinds not already included at 11.2.1 above.

11.2.3 Income of any employed person including all regular payments in the nature of pay.

 

11.3 Income from the following sources is disregarded for the purposes of calculation of rents:

11.3.1 Children's allowances, orphans allowances or orphans Pensions payable under the Social Welfare (Consolidation) Act 1981 including Boarding out Allowance

11.3.2 Scholarship or Higher Education Grant

11.3.3 Allowances for domiciliary care of handicapped children

11.3.4 Living Alone Allowance and Fuel Allowance.

11.3.5 Lump sum compensation payments.

12. Additional Charges:

12.1.1 Where a Management Fee is payable by Kilkenny County Council for a house provided in a private estate, a charge of €5 per week shall be levied as a contribution to the payment of refuse charges.

12.1.2 The maximum payable by any tenant for additional charges shall be €7.50 per week
13. Hardship:

In exceptional circumstances where payment of differential rent is calculated in accordance with this scheme would in the opinion of the housing authority give rise to hardship, a lesser sum may be accepted for a specified period at the discretion of the Chief Executive or Delegated Officer. All hardship cases must initially be referred through MABS followed by a hardship form being completed.

14. Evidence of Income:

The Local Authority will require such documentary evidence as it deems appropriate in any case. In the event of such documentation as it is required not being produced within such time as may be stipulated by the Local Authority, the rent may be assessed in accordance with Clause 15 below

15. Penalty Clause:

A penalty rent will be charged where tenants do not return the necessary rent forms/income details. Should a penalty be incurred the tenants' current rent will be increased by 25%. When income has not been disclosed the rent account will be debited or credited accordingly to a max of 6 months.

16. Review of rent:

The Local Authority may review any particular case at any time within that period if the particular circumstances so warrant. The Tenant or Joint Tenant must notify the Housing Authority immediately of any change in income or circumstances. A general review will be carried out annually but no later than bi-annually.

17. The new scheme will commence on a date specified by order of the Chief Executive

 

 



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