S.I. No. 208/1974 - Social Welfare (Payment of Benefit After Death) Regulations, 1974

S.I. No. 208 of 1974.

SOCIAL WELFARE (PAYMENT OF BENEFIT AFTER DEATH) REGULATIONS, 1974.

The Minister for Social Welfare in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952) and section 10 of the Social Welfare (No. 2) Act, 1974 (No. 14 of 1974), hereby makes the following Regulations:—

1.

2.

3.

"the Act"means the Social Welfare (No. 2) Act, 1974 ;

"deceased beneficiary"means a deceased person to whom section 10 (2) (a) of the Act applies;

"benefit"has the meaning assigned to it by section 10 (1) of the Act;

"continued payment"means benefit payable by virtue of section 10 (2) (a) of the Act;

"the Minister"means the Minister for Social Welfare;

"adult dependant" means a person—

( a ) in respect of whom a deceased beneficiary was entitled to an increase of benefit, pension or assistance under the provisions of subsections (1), (2), (5) or (6) of section 26 of the Social Welfare Act, 1952 , section 10 (1) of the Social Welfare (Occupational Injuries) Act, 1966 , section 77 (2) (a) of the Social Welfare Act, 1952 , (inserted by section 2 of the Act) or section 4 (1A) of the Unemployment Assistance (Amendment) Act, 1935 , (inserted by section 98 of the Social Welfare Act, 1952 ) or

( b ) in respect of whom a deceased beneficiary would have been entitled to such an increase but for the receipt by that person of benefit in his own right.

4.

5.

• (2) Where the adult dependant entitled to a continued payment is unable to act, the Minister may appoint some other person to exercise on behalf of such adult dependant any right or power which such adult dependant may be entitled to exercise in relation to the continued payment.

• (3) The receipt of a person appointed to act under this article shall be a good discharge to the Minister for any sums paid to such person on behalf of the adult dependant.

• (4) Where the adult dependant entitled to a continued payment dies and the continued payment does not include an increase in respect of a qualified child or qualified children the right to the continued payment shall be extinguished.

6.

• (1) a person shall not be regarded as a deceased beneficiary unless, having claimed benefit, he was, either

( a ) within the period of seven days immediately preceding his death, in receipt of or entitled to unemployment benefit or unemployment assistance, or

( b ) in respect of the day immediately preceding his death, in receipt of or entitled to any one of the other benefits specified in section 10 (1) of the Act;

• (2) evidence of the death of a deceased beneficiary shall be furnished by or on behalf of the person specified in these Regulations as the person to whom the continued payment shall be made;

• (3) the provisions of any of the Acts and regulations referred to in subsection (2) of section 10 of the Act for the time being in force relating to the time and manner of payment of benefit, the decision of questions arising in relation to benefit and the recovery of benefit irregularly received, shall, as far as may be appropriate, apply to continued payments;

• (4) the provisions of the Social Welfare (Overlapping Benefits) Regulations, 1953 to 1974, shall not apply to continued payments provided that the application of this sub-article shall not be construed as entitling an adult dependant to a continued payment at a higher rate than the rate of benefit which had been payable to the deceased beneficiary.

7.

• (2) In any case where payment has been made to an adult dependant of any pension, allowance or benefit referred to in section 10 (2) (b) of the Act in respect of the whole or part of the period in respect of which a continued payment is due the amount so paid by way of such pension, allowance or benefit shall, subject to the provisions of article 8 of these Regulations, be treated as having been paid on account of the continued payment.

8.

GIVEN under the Official Seal of the Minister for Social Welfare this 1st day

of July, 1974.

BRENDAN CORISH,

Minister for Social Welfare.

EXPLANATORY NOTE.

Section 10 of the Social Welfare (No. 2) Act, 1974 (No. 14 of 1974) makes provision for the continued payment to such person and subject to such conditions, as may be prescribed by Regulations, of certain benefits after the death of the beneficiary in cases where the benefit included an increase in respect of an adult dependant or would have included such an increase but for the receipt by the dependant of benefit in his or her own right. These Regulations provide that the continued payment of benefit is to be made to the adult dependant of the deceased beneficiary or to a person appointed by the Minister where the adult dependant dies or is unable to act.

They also provide that where an adult dependant dies and there are no dependent children the right to the continued benefit shall cease. The continued payment of benefit is made subject to the normal administrative machinery in relation to such matters as payments, decisions, appeals and the recovery of benefit irregularly paid.

The Act specifies that, except as regulations otherwise provide, the continued benefit is to be paid for six weeks after the death of the beneficiary and that any entitlement to survivor's benefit shall not commence until after the expiration of that period. These Regulations provide that where the amount of the continued benefit paid in respect of the six weeks period is less than the amount of the survivor's benefit which would be payable for that period the deferment of entitlement to survivor's benefit shall not operate. There is provision for consequential adjustments and also to ensure that notwithstanding the continued payment of benefit there shall be no deferment of payment of a widower's gratuity under the Occupational Injuries scheme.