Operational Guidelines: Living Alone Increase
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Description of scheme
The Living Alone Increase (LAI) is a weekly payment for people aged 66 or over who are receiving certain payments (see below) from the Department of Social Protection and who are living alone. LAI is also payable to persons who live alone and who are in receipt of Blind Person's Pension, Invalidity Pension, Disability Allowance or Incapacity Supplement. The objective of the payment is to compensate for the additional individual costs of living alone when compared to a couple or family.
Information Leaflet
SW 36 - Living Alone Increase
Legislation
The legislative basis for the payment of LAI is contained in the provisions of the Social Welfare (Consolidation) Act 2005, as amended, which relate to the relevant qualifying payments.
Administration
The payment of the LAI is administered by the section dealing with the qualifying payment. LAI payable with Invalidity Pension and Widow's/Widower's/Dependent Parent's Pension under the Occupational Injuries Benefit Scheme is administered by Social Welfare Services Office Longford. In all other cases LAI is administered by the Social Welfare Services Office in Sligo.
Qualifying Conditions
A person will qualify for a Living Alone Allowance if s/he:
or
NOTE: A person is required to notify the Department immediately if s/he no longer lives alone and/or changes address.
Administration
The payment of LAI is administered by the Section dealing with the payment. LAA payable with Invalidity Pension, Widow(er)'s/Dependant Parents Pension under the Occupational Injuries Benefit Scheme, Incapacity Supplement and Disability Allowance is administered by the Social Welfare Services Office, Ballinalee Rd., Longford. In all other cases LAI is administered by the Social Welfare Services Office, College Rd., Sligo.
Living Alone Condition
In order to address the issue of the provision of accommodation by seeking to ensure that social welfare recipients are not penalised for providing rooms in their own home – for those fleeing from Ukraine and more generally, where a person is renting a room or self-contained living area or flat accommodation in residential accommodation to a person or persons who is (are) not an immediate family member (s)* or an employee(s), for a period of at least 28 consecutive days*and but for the residence of that person or persons, the LAI claimant would otherwise reside alone, the LAI claimant is considered to have satisfied the conditions for the LAI. (The prescribed conditions for benefitting in this manner can be found in the Social Welfare (Consolidated Claims. Payments and Control) (Amendment) (No 10) (Income Disregard) Regulation 2022 (SI 397/22). The legislation falls to be reviewed at some point next year.)
OR
Where a person allows another person or persons, who is (are) not an employee(s) or immediate family member(s) *, to reside in their home (rent-free), and but for the residence of that person, the person would otherwise reside alone, that person is considered to have satisfied the conditions for the LAI.
(a) a spouse, civil partner, or cohabitant**,
(b) a child, son-in-law or daughter-in-law,
(c) a parent, step-parent, mother-in-law or father-in-law,
(d) a brother, sister, step-brother, step-sister, brother-in-law or sister-in-law,
(e) a grandparent or grandchild,
(f) an aunt or uncle, or
(g) a nephew or niece.
** cohabitant is one of 2 adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other.
Listed below are some of the circumstances in which the living alone condition is deemed to be satisfied:
Person lives entirely alone
Conditions for LAI are satisfied where the person resides entirely alone in stand alone, self-contained private domestic dwelling (i.e., house, apartment/flat or mobile home).
Residing alone by day but with relative/friend at night
Where the person for security reasons, needs to sleep overnight with a relative/neighbour/friend, LAI can be paid at the person's home address, provided the person returns home the following day.
Relative/friend staying overnight, for security reasons
Where the person is aged, infirm or afraid to sleep alone at night, an immediate family member or friend can stay with him/her (on an overnight basis only), for the purpose of company/security, without affecting his/her LAI entitlement. This is provided that the immediate family member or friend has a permanent home address elsewhere .
Person allows a person or persons to reside in his/her home
Where a person, allows another person or persons, who are not an employee(s) or immediate family member(s) *, to reside in their home s/he is considered to have satisfied the conditions for the LAI.
Person has an immediate family member who comes to visit at weekends
Where the person lives on his/her own but has an immediate family member * or friend who visits at weekends only, for domestic supports, LAI conditions will continue to be satisfied. An immediate family member *or friend who temporarily stays with a person must have a permanent home address elsewhere.
Person occasionally takes in a paying guest for a short duration
Where the person resides alone, but occasionally takes in a paying guest during a local festival, or wedding, for example, LAI conditions continue to be satisfied. However, permanent (whether declared to be seasonal or all-year-round) B&B residences will not be eligible for LAI purposes.
Self-Contained Living Area or Flat Accommodation in residential house
To satisfy the LAI criteria it is necessary that the person lives independently. This does not preclude social contact with other residents. However, evidence will need to show that the person has separate living/dining and sleeping accommodation.
It is necessary that the person has all of the necessary facilities to cook, dine and wash up within their flat area. Separate bathroom and toilet facilities, though desirable, are however not essential. These may be shared with others, once it is clear that the other requirements are satisfied.
Instances may be encountered in family situations where the living, dining or sleeping areas available to the claimant are not immediately adjacent to one another. This in itself does not preclude the person from being regarded as living alone if this is a genuine arrangement.
In family situations it is recognised also that internal security is not usually a priority. It is not, therefore, appropriate to insist on evidence that the flat area has secure locks, etc. In non family situations the absence of a secured entrance to the claimant's flat area could raise question marks regarding their living alone status.
In a flat or self-contained living area situation it is also recognised that it is not necessary that each flat has a separate external entrance.
In addition, where the person living in the self-contained living area or flat accommodation in the claimant’s home, is not an immediate family member* or employee, the claimant is considered to have satisfied the conditions for the LAI. The same conditions as above apply.
Sheltered Homes/Housing
A significant number of Sheltered Hostels/Homes are available to provide accommodation and care to members of the community. These premises are run on a non profit (charitable) basis to provide accommodation for the aged.
Single room accommodation
In the context of living alone, the accommodation usually consists of single rooms. Those who are able bodied and reside in single rooms, usually have facilities to prepare snacks in their rooms or in shared kitchenettes. However, the main meal is normally served in a communal area. Free meals are not supplied. Those persons who are living independently are regarded as living alone (apart from couples) and are entitled to LAI.
Those who reside in single rooms and where full-time nursing care or supervision is also provided are comparable to residents of Private Nursing Homes or Health Board Nursing Homes and consequently they may not be regarded as living alone for the purposes of LAI entitlement.
Dormitory Accommodation
Some sheltered homes also provide dormitory accommodation. In some establishments this accommodation is generally used for short stay (transient) clients, e.g., Iveagh Hostel.
Dormitory accommodation is also utilised in sheltered homes for those who are incapable of living independently and require full-time nursing care or supervision, e.g., Harcourt or Margaret Holme. A person who resides in dormitory accommodation of any type is not regarded as living alone for the purposes of LAI entitlement.
A person who resides in circumstances where institutionalised full-time nursing care or supervision is provided (regardless of accommodation type) is comparable to a resident in a Private Nursing Home or Health Board Nursing Home and, consequently, is not regarded as living alone for the purposes of LAI entitlement.
Residential care in HB or private nursing homes
A person who resides in a Health Board or Private Nursing Home is not regarded as living alone for the purposes of LAI.
Claims
Where a person indicates on the application form for the qualifying payment (as listed in Part I above) that s/he lives alone, entitlement to the Living Alone Increase is decided upon in conjunction with the decision in respect of the qualifying payment.
Where a person's circumstances change subsequent to his /her application for the qualifying payment and he/she fulfils the living alone condition, claim form [LAI 1] must be completed if he/she wishes to apply for Living Alone Increase.
Foirm Iarratais: Mhéadú Maireachtála Aonair (LA1)
Eagrán: Meán Fómhair 2021
A Social Welfare Investigator may investigate a person's circumstances before Living Alone Increase is awarded.
Investigation of claim
Entitlement to the allowance is decided on the basis of the information furnished by the person on the claim form LAI1, except where the Deciding Officer may wish to have circumstances confirmed by a Social Welfare Investigator.
Decisions
All claims are decided by Deciding Officers appointed by the Minister under Section 299 Social Welfare (Consolidation) Act 2005. A notification of the decision to award the allowance is issued to the claimant.
Appeals
Where a person is refused a Living Alone Increase, s/he may appeal the disallowance to the
Payment
The LAI continues to be payable for as long as living alone conditions are satisfied. The payment is incorporated into the person's qualifying payment.
Reviews
There are periodic reviews to ensure that a person continues to meet the requirements for receipt of a Living Alone Increase.
County | City/Town | Hostel/Home |
Cork | Cork | Chnoc Mhuire, Fair St., Clochan Barra, Coach St., Flat 7, Glendalough, Joachim's & Ant's Home, Angeles St., Rope Walk, Sundays Wells Rd., O'Connell Court, Windmill Rd, Cork, 6, Grenville Place |
Cork | Skibbereen | Convent Hill |
Dublin | Dublin | Damper Court, Wellington St. Dublin 1, 22 Harcourt Tce., Dublin 2, Salvation Army Hostel, York Street, Dublin 2, Salvation Army Hostel, 9-10 Granby Row, Dublin 1, Tara St. Hostel, Dublin 2, Margaret Holme (Central Mission) Claremont Road, Sandymount, Dublin 4, Pax (Brabazon) House, Gilford Road, Sandymount, Dublin 4, 10 Tritonville Close, Sandymount, Dublin 4, 23A Eaton Sq. Terenure, Dn. 6, Mageough Home, Cowper Road, Rathmines, Dublin 6, Merrick House, 25A Eaton Rd., Dublin 6, Iveagh Hostel, Bride Rd., Db. 3, Maryfield Convent, Chapelizod, Dublin 20, Night Shelter, Back Lane Vincent De Paul Night Shelter |
Dublin | Dun Laoire | Hotel Pierro (Welfare Home) |
Kilkenny | Kilkenny | Evan's Home, St. Canice's Home, Switzers Home, Castle Rd. |
Limerick | Limerick | Widow's Home, Mount St.Vincent O'Connell Avenue |
Louth | Castlebellingham | Widow's Houses |
Louth | Drogheda | St. John's Home Peter St. |
Mayo | Ballina | Convent Hill |
Tipperary | Thurles | Mannix House, Stannix Home |
Tipperary | Clonmel | Marion Court |
Waterford | Waterford | Burchall Home, Parnell St., Matthew Shea Home, Bath St., St. Patricks Home, Georges St., Walsh Home, College St. |
Wicklow | Greystones | Farmleigh |