S.L. 16.11 Art. 5Income threshold in means test criteria.

(1) (1) For the purposes of the part that deals with the income criteria of the means test, "income" means income derived from any of the sources mentioned in article 5 of the Income Tax Act and in the following provisions of article 4 of the Income Tax Act:

(a) in paragraph (a) of sub-article (1), in paragraph

(b) of sub-article (1), in paragraph (c) of sub-article (1) excluding the proviso thereto, in paragraph (d) of sub-article (1), in paragraph (e) of sub-article (1) and in paragraph (g) of sub-article (1) excluding the proviso thereto and excluding capital gains; and

(b) in sub-article (2), in paragraph (a) of sub-article

(3) excluding the proviso thereto, and in paragraph (b) of sub-article (3).

(2) For a person who is younger than thirty-six (36) years old to meet the income criteria of the means test, the income of the said person during the relevant period shall not exceed twenty-eight thousand and five hundred euro (€28,500).

(3) For a person who is between thirty-six (36) years old to forty-five (45) years old to meet the income criteria of the means test, the income of the said person during the relevant period shall not exceed thirty-eight thousand euro (€38,000).

(4) For a person who is between forty-six (46) years old to fifty-five (55) years old to meet the income criteria of the means test, the income of the said person during the relevant period shall not exceed forty two thousand euro (€42,000).

(5) For a person who is between fifty-six (56) years old to sixty-five (65) years old to meet the income criteria of the means test, the income of the said person during the relevant period shall not exceed forty-four thousand and five hundred euro (€44,500).

(6) For a person who is between sixty-six (66) years old to seventy-five (75) years old to meet the income criteria of the means test, the income of the said person during the relevant period shall not exceed forty-six thousand and five hundred euro (€46,500).

(7) For a person who is seventy-five (75) years of age or older to meet the income criteria of the means test, the income of the said person shall not exceed fifty thousand euro (€50,000).

(8) The Rent Regulation Board shall have the right to fix higher levels of income from those contemplated under this regulation when the person with a claim to continue the tenancy is a person with disability who is registered with the Commission for the Rights of Persons with Disability and the type of disability is considered to be of a severe nature.

(9) For the purposes of determining the severity of disability of such person and subsequently fix an appropriate level of income, as required in sub-regulation (8), such assessment shall be carried out in the same manner as that applicable in the case of claims for an invalidity pension under paragraphs (e) and (f) of the first proviso to article 106 of the

Social Security Act, with the involvement of the Commission for the Rights of Persons with Disability.