Social Welfare (Consolidation) Act , 1981

(i) any income or money coming within any other paragraph of this subsection,

(ii) all moneys earned by him in respect of current personal employment under a contract of service,

(iii) any moneys received by way of unemployment assistance under this Chapter,

[S.I. No. 168 of 1977]

(iv) any moneys received by way of supplementary welfare allowance,

[1952, Sch. 6; 1944 CA, s. 15; 1973, s. 18]

(v) any moneys received by way of disability benefit, unemployment benefit, maternity benefit or children's allowance,

[1960 MP, s. 10]

(vi) any income arising from a bonus under a scheme administered by the Minister for the Gaeltacht for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht (as defined in such scheme) of children attending primary schools.

(vii) an amount of an allowance, dependant's allowance (not being a dependant's allowance to which paragraph (viii) relates), disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, or a combination of such allowances and such pensions so far as such amount does not exceed £80 per year,

[1968 MP, s. 13]

(viii) a dependant's allowance under the Army Pensions Acts, 1923 to 1980, arising out of service in the period from 23rd April, 1916, to 30th September 1923,

[1962 MP, s. 7]

(ix) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

(x) any moneys, except so far as they exceed £104 per year, received by such person or by the spouse of such person in respect of work of the kind referred to in paragraph 7 of Part I of the First Schedule, under a scheme that is in the opinion of the Minister, charitable in character and purpose,

[1964 MP, s. 12; 1980, s. 7]

(xi) where he is engaged on a seasonal basis in the occupation of fishing one-half of so much of the income derived there from as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,

[1967 MP, s. 13]

(xii) any moneys received under a statutory scheme administered by the Minister for Labour in respect of redundancy or by way of financial assistance to unemployed persons changing residence;

[1933 UA, s. 13; 1979, s. 18]

(c) the yearly value ascertained in the prescribed manner of any advantage accruing to him from the use of property (other than a domestic dwelling or a farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by him;

(d) all income and the yearly value ascertained in the prescribed manner of all property of which he has directly or indirectly deprived himself in order to qualify himself for the receipt of unemployment assistance;

(e) the yearly value of any benefit or privilege enjoyed by him.

(2) For the purposes of subsection (1) (b), the income of a person shall, in the absence of other means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of calculation.

147 Calculation of means—alternative method. [1965 MP, ss. 8, 9; 1979, s. 4]

147.—(1) Subject to subsection (5), the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) from the use of land which is personally used or enjoyed by the person shall, for the purposes of section 146 (1) (c), be deemed to be an amount calculated—

(a) at the rate of £30 for every pound of the rateable valuation of the land in any case where the valuation does not exceed £10 and at a proportionate rate for any portion of £1 of the valuation,

(b) at the rate of £50 for every pound of the rateable valuation of the land in any case where the valuation exceeds £10 but does not exceed £15 and at a proportionate rate for any portion of £1 of the valuation,

(c) at the rate of £60 for every pound of the rateable valuation of the land in any case where the valuation exceeds £15 but does not exceed £20 and at a proportionate rate for any portion of £1 of the valuation,

[1977, s. 5]

(d) in accordance with the provisions of Regulation 3 (3) of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934 (S.R. & O., No. 34 of 1934) in any case where the valuation exceeds £20.

[1976, s. 4]

(2) (a) The Government may from time to time by order vary a rate specified in subsection (1) or a rateable valuation so specified in relation to such a rate, and may by order provide for a further rate or rates in addition to those provided for in that subsection and specify a further valuation or further valuations in relation to such rate or rates.

(b) The Government may from time to time by order revoke or amend an order under this subsection, including an order under this paragraph.

(3) (a) The Government may from time to time by order specify areas for the purposes of subsection (1).

(b) The Government may from time to time by order revoke or amend an order under this subsection, including an order under this paragraph.

(4) Every order made by the Government under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of any thing previously done thereunder.

[1979, s. 5]

(5) Notwithstanding subsections (1) to (4), a person residing in an area standing specified in an order under subsection (3) may opt to have the yearly value of any advantage accruing to him from the use of land personally used or enjoyed by him calculated, for the purposes of section 146 (1) (c), in accordance with the provisions of paragraph (3) of Regulation 3 of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934, (S.R. & O., No. 34 of 1934).

148 Regulations—general. [1933 UA, s. 7]

148.—(1) The Minister may make regulations prescribing any matter or thing which is expressly authorised by this Chapter to be prescribed by regulations made by him under this Chapter.

(2) Regulations made by the Minister under this section prescribing a form of application for any purpose under this Chapter may require that all or any of the statements made by the applicant in such form be verified by statutory declaration.

[1933 UA, s. 8]

(3) Where any regulations made under this section require all or any of the statements made by an applicant in a form of application prescribed by such regulations for any purpose under this Chapter to be verified by statutory declaration, such statutory declaration may be taken and received by a deciding officer or by any other officer of the Minister authorised by the Minister in that behalf.

[1952, s. 101]

(4) Regulations may apply any of the provisions of or made under sections 111, 112, 113, 128, 295, 296, 297, 298, 299 and 300 to unemployment assistance, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII.

149 Regulations—specific. [1935 UA, s. 17]

149.—The Minister may—

(a) by regulations provide for the appointment of a person to receive on behalf of or as representative of an applicant for unemployment assistance who becomes of unsound mind or dies any sums payable by way of unemployment assistance to or in respect of such applicant;

[1933 UA, s. 22]

(b) by regulations make provision after consultation with the Minister for Education for the attendance of unemployed persons at courses of instruction in pursuance of requisitions by deciding officers and may by such regulations appoint or approve of courses of instruction for that purpose;

[1940 UA, s. 6]

(c) prescribe either generally or in respect of any particular class or classes of persons or any particular district or districts that, where a person is employed to work continuously from a time on one day until a time on the next following day, that person shall be regarded, for the purposes of this Chapter as being, by virtue of such employment, employed only on such one of those days as shall be prescribed.

150 Payment of unemployment assistance. [1933 UA. s. 19; 1952, s. 96]

150.—(1) The following provisions shall have effect in relation to the payment of unemployment assistance—

(a) no unemployment assistance shall be payable in respect of the first 3 days of continuous unemployment in any continuous period of unemployment;

(b) no unemployment assistance shall be paid for any period less than one day;

(c) for the purposes of this section, no time prior to the relevant application for unemployment assistance shall be reckoned as, or as part of, a period of unemployment;

(d) no time during which a person is disqualified for receiving unemployment assistance shall be reckoned in the computation of any period of unemployment of such person;

(e) subject to the provisions of this Chapter (including this section), unemployment assistance shall be paid at the prescribed times and in the prescribed manner.

[1960 MP, s. 11; 1974 (No. 2), s. 25]

(2) Subsection (1) (a) shall not apply in relation to the payment of unemployment assistance to a person who ceased, not earlier than 20 weeks before the day in respect of which his application for unemployment assistance is made, to be entitled to unemployment benefit—

(a) by reason of having, by virtue of section 34 (1), exhausted his title to such benefit, or

(b) if the person is over 65 years of age, by reason of having failed to satisfy the contribution condition set out in section 30 (1) (b).

151 Overpayments. [1933 UA, s 28]

151.—(1) Every payment of unemployment assistance received by any person while he was disqualified for receiving unemployment assistance or the statutory conditions were not complied with by him or which he was otherwise disentitled to receive shall be repayable by such person to the Minister on demand made in that behalf by a deciding officer and, if not so repaid, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of unemployment assistance to which such person subsequently becomes entitled.

(2) Every sum repaid to or recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

152 Unemployment assistance granted to persons in receipt of supplementary welfare allowance. [1935 UA, s. 16; 1953 HA, s. 69; S.I. No. 168 of 1977]

152.—Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to unemployment assistance, is not at that time receiving payments on account thereof, and

(b) the said allowance is in excess of the amount which would have been granted to that person if he had been receiving payment on account of unemployment assistance, and

(c) any sum (in this subsection referred to as the arrears) accruing in respect of any part of the said period on account of unemployment assistance subsequently becomes payable to that person, and

(d) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this subsection referred to as the excess) so paid by the board in excess for the period in respect of which the arrears accrued,

the Minister may deduct from the arrears an amount not exceeding the amount of the excess and shall, in such case, pay to the health board the amount so deducted.

153 Payments to Minister by local authorities. [1933 UA, s. 26; 1938 UA, s. 6; 1940 UA, s. 2]

153.—(1) In every financial year there shall be paid to the Minister, in such manner as he may direct, the following sums—

(a) by the corporation of every county borough and of the borough of Dún Laoghaire, a sum equal to one-sixth of 49p in the pound on the rateable value at the beginning of the immediately preceding local financial year of such county borough or the borough of Dún Laoghaire, as the case may be;

(b) by the corporation or council, as the case may be, of every urban area (other than an urban area which is a county borough or the borough of Dún Laoghaire) a sum equal to one quarter of 15p in the pound on the rateable value at the beginning of the immediately preceding local financial year of such urban area.

[1940 UA, s. 2; 1971 LG, s. 1]

(2) (a) In subsection (1) “rateable value” means in relation to any urban area the aggregate amount of the valuations under the Valuation Acts of all hereditaments situate in that urban area in respect of which any rate is payable or, in the case of an unoccupied hereditament, would be payable if the hereditament were occupied, whether such rate is payable to the corporation or the council of the said urban area or to some other authority having power by statute to make and levy rates, and whether such rate is, in the case of any particular hereditament, payable on the valuation thereof under the said Acts or on a fraction of that valuation.

[S.I. No. 215 of 1974]

(b) Whenever the rateable value of an urban area at the beginning of a financial year is being calculated for the purposes of this section, regard shall be had to all appeals under the Valuation Acts determined on or before the 31st day of March in the next following financial year and no regard shall be had to any such appeal determined after that date.

[S.I. No. 215 of 1974]

(3) It shall be the duty of every corporation or council, as the case may be, by whom money is payable to the Minister under this section in a local financial year to pay such money to the Minister in four equal instalments, on 31st March, 30th June, 30th September, and 31st December in such year.

(4) Any money payable to the Minister under this section shall be raised by means of the municipal rate.

[1933 UA, s. 26]

(5) Where, under this section, any money is due and payable to the Minister by a local authority, the amount thereof may be deducted from any money payable to that local authority from funds provided by the Oireachtas for any purpose whatsoever.

[1933 UA, s. 27]

(6) Any moneys transferred or paid to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

154 Certificate of valuation. [1940 UA, s. 5]

154.—(1) The Commissioner of Valuation shall, whenever so requested by the Minister, furnish to the Minister a certificate stating, with due regard to the provisions of this Chapter, the rateable value for the purposes of section 153 at the beginning of any particular financial year specified in such request of any particular urban area so specified.

(2) A certificate furnished by the Commissioner of Valuation to the Minister in pursuance of this section shall be conclusive evidence for the purposes of this Chapter of the rateable value of the urban area to which such certificate relates at the beginning of the financial year specified in that behalf in such certificate.

[1960 MP, s. 12]

(3) Where the Commissioner of Valuation is satisfied that any certificate furnished by him under this section or amended by him under this subsection is erroneous, by reason of a mistake in relation to any matter of law or fact to which regard was had by the Commissioner in the drawing up of the certificate, or in the light of any matter of fact which has come to his notice since the furnishing of the certificate, the Commissioner may amend the certificate for the purpose of correcting the error therein and subsection (2) shall have effect in relation to a certificate amended under this subsection as if the references therein to a certificate were references to a certificate amended under this subsection.

155 Extension of meaning of “urban area”. [1938 UA, s. 3; S.I. No. 215 of 1974]

155.—(1) The Minister may, whenever and so often as he thinks fit, by order, made with the concurrence of the Minister for Finance and the Minister for the Environment and after consultation with the council of any urban district the population of which (as shown by the census of population which is for the time being the latest such census) does not exceed 7,000, direct that such urban district shall be an urban area on the 1st day of January next after the date of such order for the purposes of this Chapter, and upon such order being so made such urban district shall be and continue to be an urban area for those purposes until otherwise provided by an order under subsection (2).

(2) Whenever the Minister has made an order under subsection (1) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and the Minister for the Environment and after consultation with the council of such urban district, direct that such urban district shall on the 1st day of January next after the date of such order cease to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall cease on the said 1st day of January to be an urban area for those purposes.

156 Date of operation of census. [1938 UA, s. 2; S.I. No. 215 of 1974]

156.—(1) For the purpose of determining the census of population which is the latest such census for the purposes of sections 135 (3) (c) and 155 the Minister shall, whenever a census of population has been taken, certify by order the date of publication of the result of such census, and every such census shall be deemed for those pur poses, but not further or otherwise, to have been taken on the date of publication so certified in respect thereof.

(2) Whenever, on the taking of a census of population, it is found that the population of an urban district which was shown by the next previous such census to exceed 7,000 does not exceed 7,000, the following provisions shall have effect—

(a) such urban district shall, notwithstanding such decrease in the population thereof, continue to be an urban area for the purposes of this Chapter until (but not including) the 1st day of January next after the date of publication certified under this section in respect of such census and shall (unless otherwise provided by an order under this subsection) cease on the said 1st day of January to be an urban area for those purposes;

(b) the Minister may by order, made before the said 1st day of January with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, notwithstanding such decrease in the population thereof, continue to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall continue to be an urban area for those purposes until otherwise provided by an order under paragraph (c);

(c) whenever the Minister has made an order under paragraph (b) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, on the 1st day of January next after the date of such order, cease to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall cease on the said 1st day of January to be an urban area for those purposes.

(3) Whenever, on the taking of a census of population, it is found that the population of an urban district which was shown by the next previous such census not to exceed 7,000 exceeds 7,000, the following provisions shall have effect—

(a) such urban district shall, notwithstanding such increase in the population thereof, continue not to be an urban area for the purposes of this Chapter until (but not including) the 1st day of January next after the date of publication certified under this section in respect of such census and shall (unless otherwise provided by an order under this subsection) become on the said 1st day of January an urban area for those purposes;

(b) the Minister may by order, made before the said 1st day of January with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, notwithstanding such increase in the population thereof, continue not to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall continue not to be an urban area for those purposes until otherwise provided by an order under paragraph (c);

(c) whenever the Minister has made an order under paragraph (b) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, on the 1st day of January next after the date of such order, become an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall become on the said 1st day of January an urban area for those purposes.

CHAPTER 3 Old Age and Blind Pensions (Non-Contributory)

157 Old Age Pension Interpretation. [1974 (No. 1), s. 6]

157.—For the purposes of this Chapter—

“qualified child” in relation to a claimant or pensioner means—

(a) a qualified child, as defined in section 2 (1), who normally resides with the claimant or pensioner, or

(b) where the claimant or pensioner is a woman who is not a widow, a qualified child, as so defined, who normally resides with the husband of the claimant or pensioner or with the head of the household in which she resides, or

(c) where the claimant or pensioner is a widow—

(i) a qualified child, as so defined, or

(ii) a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child, as so defined,

who normally resides with her;

[1952, s. 77]

“weekly means” shall be the yearly means divided by 52.

158 Right to pension. [1908 OAP, s. 1]

158.—(1) Every person in whose case the conditions laid down by this Chapter for the receipt of an old age pension (in this Chapter referred to as statutory conditions) are fulfilled, shall be entitled to receive such a pension under this Chapter so long as those conditions continue to be fulfilled, and so long as he is not disqualified under this Chapter for the receipt of the pension.

[1974 (No. 2), s. 10]

(2) Subject to section 125, payment of the pension shall continue to be made for a period of 6 weeks after the date of death of a pensioner who had an increase under section 162 (1) (d).

159 Statutory conditions. [1908 OAP, s. 2; 1976 (No. 2), s. 13; 1977, s. 13; 1978, s. 3]

159.—(1) The statutory conditions for the receipt of an old age pension by any person are—

(a) the person must have attained pensionable age;

(b) the person must satisfy the pension authorities that he has had his residence in the State for an aggregate period of not less than 15 years; and

[1924 OAP, s. 8; 1980, s. 3]

(c) the person must satisfy the pension authorities that his means as calculated in accordance with the Rules contained in the Third Schedule do not exceed the appropriate highest amount of means at which pension may be paid to that person in accordance with section 161.

[1932 OAP, s. 2]

(2) In computing for the purposes of the statutory condition imposed by subsection (1) (b) the period of residence of any person in the State, any temporary absence from the State not exceeding 6 months in such period and any residence in the late United Kingdom of Great Britain and Ireland in such period before 6th December, 1922, and any absence from the State in such period during which such person has maintained or assisted in maintaining any dependant in the State, shall be reckoned in and form part of such period.

[1952, s. 80]

(3) Where a woman was, immediately before she attained pensionable age, entitled to a widow's (non-contributory) pension, it shall not be necessary for the statutory condition imposed by subsection (1) (b) to be satisfied in her case.

160 Special conditions for receipt of pension. [1966 MP, s. 13; 1974 (No. 2), s. 23]

160.—Where a person who has attained pensionable age is in receipt of or entitled to deserted wife's benefit, a widow's (contributory) pension or old age (contributory) pension or is a person in respect of whom an increase of the latter pension is payable by virtue of section 81 (1) and would but for section 163 (4), (5) and (6) be qualified for the receipt of an old age pension—

(a) the person may, notwithstanding anything contained in the said section 163 (4), (5) and (6), be paid the old age pension for any period during which the rate of pension payable would be greater than the rate of deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, payable, and

(b) in any case where the old age pension is so paid, entitlement to deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, shall continue but the amount of any such benefit, pension or increase payable during any such period—

(i) shall not be paid to or in respect of the person, and

(ii) shall be paid out of the Social Insurance Fund to the Exchequer.

161 Rates of pension and increases for child dependants. [1952, s. 77; 1980, s. 3]

161.—(1) The rate (in this Chapter referred to as the scheduled rate) of old age pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

(2) The pension shall be payable—

(a) where the weekly means of the claimant or pensioner do not exceed £6, at the scheduled rate, and

(b) where such weekly means exceed £6, at the scheduled rate reduced by the amount set out in column (2) of Part II of the Fourth Schedule for each amount (if any) of £1 by which those weekly means exceed £6, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

162 Increases for incapacitated and married pensioners. [1980, s. 3]

162.—(1) The weekly rate of old age pension payable in accordance with section 161 shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule for any period during which—

(i) the pensioner is so incapacitated as to require full-time care and attention,

(ii) there is residing with the pensioner for the purpose of providing that care and attention a prescribed relative of the pensioner, and

(iii) such conditions as may be prescribed are fulfilled, and

[1977, s. 2]

(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the person entitled to the pension has attained pensionable age and is living alone, and

[1972, s. 2; 1979, s. 2]

(c) by the amount set out in column (8) of Part I of the Fourth Schedule where the pensioner has attained the age of 80 years, and

(d) by the amount calculated in accordance with Part III of the Fourth Schedule where the pensioner is one of a married couple—

(i) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of any benefit, pension or allowance under Part II or this Part, or

(ii) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of any benefit, pension or allowance under Part II or this Part.

[1969 MP, s. 16]

(2) An application for an increase under subsection (1) (a) shall be decided by a deciding officer.

163 Disqualifications. [1911 OAP, s. 5; 1932 OAP, s. 4; 1960 MP, s. 7]

163.—(1) A sum shall not be paid on account of an old age pension—

(a) to any person while absent from the State, or

(b) if payment of the sum is not obtained within 3 months or, in any case where the Minister so thinks fit, 6 months after the date on which it has become payable.

[1960 MP, s. 6]

(2) Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of such residence, in receipt of old age pension, payment of the pension may, notwithstanding anything contained in subsection (1) (a) but subject to subsection (1).(b), be made until either—

(a) the expiration of a period of 5 years from the commencement of such residence during which the person was continuously resident in Northern Ireland, or

(b) the receipt by the person of a payment by way of old age pension or public assistance from the appropriate authority in Northern Ireland,

whichever should first occur.

[1908 OAP, s. 3; 1919 OAP, s. 10]

(3) Where a person has been convicted of any offence and ordered to be imprisoned without the option of a fine or to suffer any greater punishment, he shall be disqualified for receiving or continuing to receive old age pension while he is detained in prison in consequence of the order.

[1960 AM, s. 20]

(4) Except as provided in section 160, receipt of old age (contributory) pension by a person shall be a disqualification for the receipt by that person of old age pension.

(5) A person to whom benefit under section 87 is payable or in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 81 (1) shall, except as provided in section 160, be disqualified, for any period in respect of which the said benefit under the said section 87 is payable to him or the weekly rate of such pension payable to such other person is so increased, for receiving old age pension.

[1974 (No. 2), s. 22]

(6) A person who has attained pensionable age and is in receipt of a widow's (contributory) pension or deserted wife's benefit shall, except as provided in section 160, be disqualified for receiving old age pension for any period in respect of which she is in receipt of the widow's (contributory) pension or deserted wife's benefit.

164 Decisions and appeals. [1908 OAP, s. 7]

164.—(1) All claims for old age pensions and all questions whether the statutory conditions are fulfilled in the case of any person claiming such a pension, or whether those conditions continue to be fulfilled in the case of a person in receipt of such a pension, or whether a person is disqualified for receiving or continuing to receive a pension, shall be considered and determined as follows—

(a) any such claim or question shall stand referred to the appropriate local pension committee within the meaning of section 165 (1), and the committee shall (except in the case of a question which has been originated by the social welfare officer and on which the committee have already received his report), before considering the claim or question, refer it for report and inquiry to the social welfare officer;

(b) the appropriate social welfare officer appointed under section 165 (4) shall inquire into and report upon any claim or question so referred to him, and the local pension committee shall, on the receipt of the report of the said officer and after obtaining from him or from any other source if necessary any further information as to the claim or question, consider the case and give their decision upon the claim or question.

(2) The decision of the local pension committee on any claim or question which is not referred to an appeals officer shall be final and conclusive.

[1978, s. 21]

(3) Notwithstanding anything in this Chapter, where a social welfare officer is of the opinion that the statutory conditions for the receipt of old age pension are fulfilled, such pension may be paid at a rate specified by the officer without prejudice to any subsequent decision relating to that pension (or to the rate of the pension) by a local pension committee or by an appeals officer.

165 Local pension committees and social welfare officers. [1908 OAP, ss. 8, 11 (2)]

165.—(1) The local pension committee shall be a committee appointed for every borough and urban district, having a population according to the last published census for the time being of 10,000 or over, and for every county (excluding the area of any such borough or district), by the council of the borough, district or county. The persons appointed to be members of a local pension committee need not be members of the council by which they are appointed.

(2) A local pension committee may appoint such and so many sub-committees, consisting either wholly or partly of the members of the committee as the committee think fit, and a local pension committee may delegate, either absolutely or under such conditions as they think fit, to any such sub-committee any powers and duties of the local pension committee under this Chapter.

(3) Any reference in this Chapter to pension authorities shall be construed as a reference to the social welfare officer, the local pension committee and the appeals officer, or to any one of them, as the case requires.

[1908 OAP, s. 8 (4); S.R. & O. No. 18 of 1947; 1960 MP, s. 24]

(4) Social welfare officers shall be appointed by the Minister and the Minister may appoint such number of those officers as he thinks fit to act for such areas as he directs.

166 Raising of questions. [1911 OAP, s. 6]

166.—(1) An application may be made at any time to alter or revoke a provisional allowance of a claim for an old age pension, and the following questions may be raised at any time—

(a) whether at any time or during any period a person has been in receipt of old age pension when the statutory conditions were not fulfilled, or when he was disqualified for receiving the pension; and

(b) whether a person has been at any time or during any period in receipt of old age pension at a certain rate when his means exceeded the amount which justified the payment of a pension at that rate, and, if so, at what rate the pension (if any) should have been paid, and

(c) whether a person who is in receipt of old age pension at a certain rate is, having regard to his means, entitled to pension at a higher or a lower rate, and, if so, at what rate the pension (if any) should be paid.

(2) Section 164 shall apply to any such question or application as it applies to the questions mentioned in that section.

(3) Any such question may be raised notwithstanding that the deciding of the question involves a decision as to the correctness of a former decision of the local pension committee or the appeals officer, as the case may be, but, where by a later decision a former decision is reversed, a person who has received any sums on account of an old age pension in accordance with the former decision shall, not-withstanding anything in section 169 (3), in the absence of any fraud on his part, be entitled to retain any sum so received up to the date of the later decision which he would have been entitled to retain but for the reversal of the former decision.

(4) Where a question is raised as to the disqualification of a person to receive old age pension and it is alleged that the disqualification has arisen since the person has been in receipt of the pension, and that the disqualification is continuing at the time the question is raised, or, if it has ceased, has ceased less than three weeks before that time, the payment of the pension shall be discontinued, and no sum shall be paid to the pensioner on account of the pension after the date on which the question is raised: provided that, if the question is decided in favour of the pensioner, he shall be entitled to receive all sums which would have been payable to him if the question had not been raised.

(5) If the decision on any question involves the discontinuance of old age pension, or the reduction of the rate at which the pension is paid, or if, in a case where the payment of the pension has been discontinued on the raising of the question, the question is not decided in favour of the pensioner, the person in respect of whose pension the decision is given shall not be entitled to receive a pension or to receive a pension at a rate higher than that determined by the committee or the appeals officer, as the case may be, notwithstanding any change of circumstances, unless he makes a fresh claim for the purpose and the claim is allowed or, in a case where he alleges that he is entitled to receive a pension at a higher rate, raises a question for the purpose and the pension is allowed at a higher rate.

167 Commencement of pensions. [1908 OAP, s. 5]

167.—(1) Old age pension, subject to any directions of the Minister in special cases, shall be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.

[1919 OAP, s. 6]

(2) Subject to regulations under section 170 (4) where old age pension is first allowed, the pension shall commence to accrue, and where, by virtue of a decision on any question which has been raised, a pension becomes payable at an increased rate, the pension shall become payable at the increased rate, on the first Friday after the date on which the claim for the pension is received by the social welfare officer or on which the notice of the question is received by the said officer, as the case may be, or on the first Friday after the date on which the claimant or the pensioner first becomes entitled to the pension or on which the pension first becomes payable at the increased rate, whichever is the later, or, if the later of those two dates is a Friday, on that Friday.

(3) Where a public holiday within the meaning of the Holidays (Employees) Act, 1973, falls on a Friday, the Minister may, if he thinks fit, direct that sums payable by way of old age pensions on that Friday shall be paid on some other day, whether earlier or later.

168 General provisions as to prosecutions. [1960 MP, s. 20; 1976 (No. 2), ss. 5, 11]

168.—(1) Proceedings for an offence under this Chapter or under regulations made under this Chapter shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.

(2) A prosecution for an offence under this Chapter or under regulations made under this Chapter may be brought at the suit of the Minister.

(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—

(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or

(b) the period of two years commencing on the date on which the offence was committed.

(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence came to his knowledge shall be conclusive evidence thereof.

(5) Where in a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as the defendant) for old age pension, and

(b) that as a result of that application pension has been paid to any person (whether or not such pension was that applied for and whether or not it was paid to the defendant),

the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.

169 Legal proceedings. [1908 OAP, s. 9; 1960 MP, s. 22; 1976 (No. 2), ss. 9, 10]

169.—(1) Every person—

(a) who for the purpose of obtaining or continuing old age pension either for himself or for any other person, or for the purpose of obtaining or continuing a pension, either for himself or for any other person, which is of an amount in excess of the amount appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect, or knowingly conceals any fact which is to his knowledge material, or

(b) who knowingly obtains payment of, or continues to receive, a pension which he is not entitled to receive or which is of an amount in excess of the amount which he is entitled to receive,

shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

(2) A person convicted of an offence under subsection (1) shall be disqualified for receipt of old age pension for a period of 6 months immediately following the date of the conviction. This subsection shall not apply to any offence committed prior to 12th July, 1976.

[1908 OAP, s. 9]

(3) If it is found at any time that a person has been in receipt of old age pension while the statutory conditions were not fulfilled in his case or while he was disqualified for receiving the pension, he or, in the case of his death, his personal representative, shall be liable to repay to the Minister any sums paid to him in respect of the pension while the statutory conditions were not fulfilled or while he was disqualified for receiving the pension, and the amount of those sums may be recovered as a debt due to the State.

[1976 (No. 2), s. 12]

(4) Regulations under this Chapter may provide for offences consisting of contraventions of or failures to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

[1911 OAP, s. 7]

(5) Subsection (3) shall apply, with the necessary modifications, to cases where an old age pension is received at a higher rate than that appropriate to the case as it applies to cases where a person has been in receipt of an old age pension while the statutory conditions were not fulfilled.

(6) For the purposes of subsections (3), (5), (7) and this subsection, any decision of the local pension committee under section 164 on any question which is not referred to an appeals officer and the decision of the said appeals officer on any question which is referred to him in accordance with section 298 shall be conclusive proof of any matters decided by the committee or the said officer. A copy of any decision of the local pension committee or an appeals officer, if authenticated as provided by regulations made for the purpose under section 170, shall be received in evidence.

(7) Where any person who is in receipt of old age pension is liable to repay to the Minister any sums under subsection (3) in consequence of the finding of a local pension committee, or an appeals officer in the case of a question referred to him, the Minister shall be entitled, without prejudice to his powers under that subsection, to direct the deduction of those sums from any sums to which that person becomes entitled on account of old age pension, as provided by regulations made for the purpose under section 170: provided that, in the case of a personal representative, the deduction shall only be made from any sums to which that person becomes entitled as a personal representative.

[1961 MP, s. 7]

(8) The power conferred on the Minister by subsection (7) may be exercised notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to repay to the Minister as aforesaid, and any costs required by the order aforesaid to be paid to the Minister shall be deemed, for the purposes of the said subsection (7), to be sums which the person is liable to repay to the Minister under subsection (3).

[1960 MP, s. 21]

(9) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person old age pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

[1960 MP, s. 23]

(10) Any debt due to the State or the Minister under this Chapter in respect of payments of old age pensions to persons at times when they were not entitled to receive them or payments of pensions to persons of amounts in excess of the amounts which they were entitled to receive may, without prejudice to any other remedy, be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

170 Regulations. [1908 OAP, s. 10]

170.—(1) The Minister, in conjunction with the Minister for Posts and Telegraphs (so far as relates to the Post Office), may make regulations for the purposes of this Chapter—

(a) specifying the evidence to be required as to the fulfilment of statutory conditions;

(b) specifying the manner in which claims to pensions may be made, and the procedure to be followed on the consideration and determination of claims and questions to be considered and determined by social welfare officers and local pension committees or by an appeals officer, and the mode in which any question may be raised as to the continuance, in the case of a pensioner, of the fulfilment of the statutory conditions, and as to the disqualification of a pensioner; and

(c) as to the number, quorum, term of office and proceedings generally of the local pension committee and the use by the committee, with or without payment, of any offices of a local authority, and the provision to be made for the immediate payment of any expenses of the committee which are ultimately to be paid by the Minister.

[1961 MP, s. 6]

(2) The regulations shall provide for enabling claimants for pensions to make their claims and obtain information as respects old age pensions under this Chapter through the Post Office, and for provisionally allowing claims to pensions before the date on which the claimant will become actually entitled to the pension, in such manner and subject to such conditions as may be laid down by the regulations, and for making the procedure for considering and determining on any claim for a pension or question with respect to an old age pension under this Chapter as simple as possible.

[1919 OAP, s. 7]

(3) Regulations may also be made for enabling a local pension committee to appoint a person to exercise on behalf of any claimant or pensioner who is, by reason of any mental or other incapacity, unable to act, any right to which that claimant or pensioner may be entitled under this Chapter and to authorise any person so appointed to receive on behalf and for the benefit of the claimant or pensioner any sums payable by way of old age pension.

[1952, s. 84]

(4) Regulations may apply any of the provisions of or made under sections 112, 113, 128, 297, 298, 299 and 300 to pensions under this Chapter, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII.

171 Pensions of persons in certain mental institutions. [1960 MP, s. 8]

171.—(1) Subject to subsection (2), the whole of any amounts payable on foot of old age pension to a person while the person is detained in a district or auxiliary mental hospital within the meaning of the Mental Treatment Act, 1945, or while he is detained in any place as an eligible patient, within the meaning of that Act, or in the Central Mental Hospital, shall be appropriated towards the cost of maintenance of the person in the place where he is being detained.

[1965 MP, s. 11; 1969 MP, s. 17]

(2) Where the old age pension of a person is appropriated under subsection(1), the person in charge, within the meaning of the said Act, of the place where the person is detained, or, if the person is detained in the Central Mental Hospital, the Resident Physician and Governor thereof may, in his absolute discretion, do either or both of the following—

(a) pay to the person for his own use such portion of the pension as he considers proper in the particular circumstances, if, in his opinion, the person is capable of making proper use of the portion so paid,

(b) make out of the pension all or part of such of the following payments as the person in charge thinks proper in the circumstances to make and fall to be made by the person, that is to say, rent, ground rent, rates (including water rates), land purchase annuities, payments in respect of charges or mortgages, cottage purchase annuities, instalments payable under hire purchase or credit sale agreements and insurance or assurance premiums.

172 Notification of increase of means. [1960 MP, s. 16]

172.—(1) Where—

(a) a person is in receipt of old age pension or has made a claim for pension which has not been finally determined, and

(b) (i) the income in cash of the person, or

(ii) the amount of property belonging to or personally used or enjoyed by the person,

has increased since the date of the latest investigation thereof by a social welfare officer or, if no such investigation has taken place, since the date of the making of the claim, the person shall, before the expiration of the period of 3 months after the end of the month in which such increase occurred, give, or cause to be given, to a social welfare officer notification of the increase.

(2) A person who contravenes subsection (1) or, in case he is dead, his personal representative shall, unless it is shown to the satisfaction of the Minister that the person was not aware of the increase to which the contravention related, and notwithstanding anything contained in section 166 (3), be liable to pay the Minister on demand—

(a) if, by reason of the contravention, the person was in receipt of old age pension at a time when he was not entitled to receive it, the sums paid to him on foot of the pension during that time, and

(b) if, by reason of the contravention, the person was in receipt of a pension of an amount which was in excess of the amount which he was entitled to receive, such parts of the sums paid to him on foot of the pension as were in excess of the amounts which he was entitled to receive.

(3) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister.

[1979, s. 27]

(4) Where a person has contravened subsection (1) and the Minister is satisfied that there was, in relation to the contravention, no fraudulent intent on the part of the person and that there are no significant resources available to that person, subsections (2) and (3) shall not apply in relation to the increase referred to in subsection (1).

173 Furnishing of information to social welfare officers. [1960 MP, s. 17]

173.—(1) A person who is in receipt of old age pension shall, at the request of a social welfare officer made in the course of an investigation of the means of the person, and within such period (not being less than 30 days) as may be specified in the request—

(a) furnish to the officer such information, books and documents which are in the power, possession or procurement of the person as he may reasonably require and permit him to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and

(b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the person as he may reasonably require in relation to such entries.

(2) Where a person who is in receipt of old age pension fails to comply with a request under subsection (1), the Minister, or an officer of the Minister duly authorised in that behalf by the Minister, shall suspend payment of the pension, and

(a) the suspension shall continue until such time (if any) as the request is complied with or the Minister becomes satisfied—

(i) that none of the information, books or documents to which the request referred are in the power, possession or procurement of the person,

(ii) that none of the said books or documents have been disposed of by the person since the making of the request for the purpose of concealing information in relation to his means, and

(iii) that, if the authorisation referred to in subsection (1) (b) was requested, such authorisation has been given,

(b) the person shall not be entitled at any time to any payment on foot of the pension in respect of the period of suspension thereof, other than, in a case where payment of the pension is resumed under paragraph (c), such payment (if any) as may be made to him under that paragraph, and

(c) at such time (if any) as the request is complied with or the Minister becomes satisfied as aforesaid, and if the person is then entitled, having regard to his means, to receive the pension, payment thereof, at the rate then appropriate, having regard to his means, shall be resumed, and there shall be paid to the person such sum (if any) in respect of the period of suspension of the pension as the Minister considers proper in the circumstances.

174 Furnishing of information to social welfare officers by personal representatives. [1960 MP, s. 18; 1976 (No. 2), s. 9]

174.—(1) The personal representative of a person who at any time was in receipt of old age pension, shall, at the request of a social welfare officer made for the purposes of an inquiry and report in relation to the pension, and within such period (not being less than 30 days) as may be specified in the request—

(a) furnish to the officer such information, books and documents relating to the affairs of the person which are in the power, possession or procurement of the personal representative as he may reasonably require and permit the officer to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and

(b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the personal representative as he may reasonably require in relation to such entries.

(2) A person who fails to comply with a request under subsection (1) shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

[1960 MP, s. 19]

(3) The personal representative of a person who was at any time in receipt of a pension shall before distributing the assets of the person inform the Minister, by notice in writing delivered to the Minister not less than three months before the distribution commences, of his intention to distribute the assets.

(4) A personal representative who contravenes subsection (3) and who distributes the assets of the person whose estate he represents without payment of any sum which is due to the Minister in respect of—

(a) payments of pension to the person at a time when the person was not entitled to receive the pension, or

(b) payments of pension to the person of amounts in excess of the amounts which the person was entitled to receive,

shall be personally liable to repay to the Minister an amount equal to the amount (if any) which the Minister would have received if, in the administration of the estate of the person, the sum aforesaid had been duly taken into account and repaid to the Minister to the extent (if any) appropriate, having regard to the assets of the person, and such amount shall be a debt due by the personal representative to the Minister.

175 Blind Pension Right to pension and statutory conditions. [1976 (No. 2), s. 13; 1980, s. 4]

175.—(1) Every blind person who has attained the age of 18 years shall be entitled to receive and to continue to receive such pension (in this Act referred to as a blind pension) as under this Chapter he would be entitled to receive if he had attained pensionable age, and the provisions of this Chapter and of section 4 as to expenses shall apply in all respects in the case of such person subject to the following modifications—

(a) for the statutory condition contained in section 159 (1) (a) there shall be substituted the condition that the person must be a person who has attained the age of 18 years and satisfies the pension authorities that he is so blind that either he cannot perform any work for which eyesight is essential or that he cannot continue his ordinary occupation; and

(b) for the statutory condition contained in section 159 (1) (b) there shall be substituted the condition that the person shall satisfy the pension authorities that, since reaching the age of 10 years, he has had his residence in the State for an aggregate period of 5 years, and the provisions of section 159 (2) in relation to the interpretation of section 159 (1) shall apply to the interpretation of the condition imposed by this paragraph.

(2) A blind person in respect of whom a pension is payable under this section shall not be a qualified child for the purposes of this Act.

CHAPTER 4 Widow's and Orphan's Pensions (Non-Contributory)

176 Interpretation. [1935 WOPS, s. 3; 1952, s. 109; 1969 MP, s. 9; 1970, s. 29]

176.—(1) For the purposes of this Chapter—

“qualified child” means a qualified child as defined in section 2 (1) and includes a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child as so defined;

“husband”, in relation to a woman who has been married more than once, refers only to her last husband;

“pension” means a widow's (non-contributory) pension or an orphan's (non-contributory) pension under this Chapter as the case may require;

[1952, s. 105 (2); 1980, s. 11]

means shall be calculated in accordance with the Rules contained in the Third Schedule;

[1980, ss. 9, 11]

“weekly means” shall be the yearly means divided by 52.

[1935 WOPS, s. 2]

(2) Where a widow has remarried she shall not for the purposes of this Chapter be regarded as the widow of her former husband.

177 Widow's Pension Right to pension. [1935 WOPS, s. 19; 1980, s. 10]

177.—(1) Subject to this Act, a widow's (non-contributory) pension shall be payable to a widow.

(2) A woman whose husband dies while she is in receipt of or entitled to deserted wife's allowance shall, subject to the provisions of this Chapter, in lieu of that allowance, be entitled to a widow's (non-contributory) pension at the same rate as that of the deserted wife's allowance payable to her.

[1935 WOPS, s. 22; 1979, s. 7]

(3) A widow's (non-contributory) pension payable to a widow shall, subject to this Chapter, continue to be payable unless she remarries and in such a case the pension shall cease as on and from her remarriage.

178 Rates of pension and increases for child dependants. [1935 WOPS, s. 20; 1980, s. 9]

178.—(1) The rate (in this section referred to as the scheduled rate) of widow's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the widow.

(2) A widow's (non-contributory) pension shall be payable—

(a) where the weekly means of the claimant or pensioner do not exceed £6, at the scheduled rate, and

(b) where the weekly means exceed £6, at the scheduled rate reduced by the amount set out in column (2) of Part II of the Fourth Schedule for each amount (if any) of £1 by which those weekly means exceed £6, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

179 Increases for incapacitated pensioners. [1980, s. 9]

179.—The weekly rate of pension payable in accordance with section 178 shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule for any period during which—

(i) the widow has attained pensionable age and is so incapacitated as to require full-time care and attention,

(ii) there is residing with the widow for the purpose of providing that care and attention a prescribed relative of the widow, and

(iii) such conditions as may be prescribed are fulfilled, and

(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the person entitled to the pension has attained pensionable age and is living alone, and

(c) by the amount set out in column (8) of Part I of the Fourth Schedule where the pensioner has attained the age of 80 years.

180 Disqualifications. [1935 WOPS, s. 30; S.I. No. 25 of 1953]

180.—(1) Except where regulations otherwise provide, a widow shall be disqualified for receiving a widow's (non-contributory) pension (including any increase for a qualified child) for any period during which she is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Regulations may provide for the suspension of payment of pension to or in respect of any widow during any such period as is mentioned in subsection (1) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

(3) Notwithstanding a disqualification by virtue of subsection (1) for receiving a pension which includes an increase in respect of a qualified child, such increase shall, in such cases as may be prescribed, be paid to the prescribed person.

(4) A widow shall not, if and so long as she and any person are cohabiting as man and wife, be entitled to and shall be disqualified for receiving payment of a widow's (non-contributory) pension.

181 Provisions against double pensions. [1935 WOPS, s. 32; S.I. No. 247 of 1966]

181.—(1) Where, under this Chapter, a widow would, but for this subsection, be entitled to both a widow's (contributory) pension and a widow's (non-contributory) pension, the widow's (non-contributory) pension shall not be payable except insofar as is provided by regulations under section 130.

(2) Not more than one widow's (contributory) pension or widow's (non-contributory) pension shall be payable to any one widow.

182 Orphan's Pension Right to pension. [1935 WOPS, ss. 24, 32; 1948, s. 52; 1952, s. 114]

182.—(1) Subject to this Act, an orphan's (non-contributory) pension shall be payable in respect of an orphan.

(2) Not more than one pension shall be payable in respect of any one orphan.

(3) A pension shall not be payable in respect of an orphan in respect of whom an increase under section 95 (1) or 178 (1) is claimable.

183 Rates of pension. [1980, s. 11]

183.—The weekly rate of orphan's (non-contributory) pension shall be—

(a) where the weekly means of the orphan do not exceed £1, the rate set out in column (2) of Part I of the Fourth Schedule, and

(b) where his weekly means exceed £1, that rate reduced by the amount set out in column (2) of Part II of the Fourth Schedule for each amount (if any) of £1 by which those weekly means exceed £1, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

184 Miscellaneous Claims. [1952, s. 29; S.I. No. 25 of 1953]

184.—For the purpose of this Chapter, any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.

185 Appointment and duties of social welfare officers. [1935 WOPS, ss. 47, 48; 1960 MP, s. 24]

185.—(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be social welfare officers for the purposes of this Chapter.

(2) Every such officer shall investigate into and report to the Minister upon any claim for or in respect of a pension and any question arising on or in relation to a pension which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require a claimant for a pension or a pensioner or any employer of the claimant or pensioner to furnish him with such information and to produce to him for inspection such documents relative to that claimant or pensioner as he may reasonably require.

(3) If a person, being a claimant for a pension or a pensioner or the employer of a claimant for a pension or a pensioner, fails to furnish to a social welfare officer such information as he is required by this section to furnish to him or to produce to a social welfare officer for inspection such documents as he is required by this section to produce to him, the person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £5.

186 Absence from the State. [1935 WOPS, s. 29; 1937 WOPS, s. 18; 1978, s. 8]

186.—(1) Where during any period a person is resident outside the State, the following provisions shall have effect—

(a) a pension shall not be granted to or in respect of that person,

(b) if a pension has been granted to or in respect of that person, no sum shall be payable during that period on account of that pension.

(2) Nothing contained in subsection (1) shall operate to prevent, in the case of a person resident for any period outside the State—

(a) a pension being granted to or in respect of that person if a claim for that pension was made prior to that person becoming so resident, or

(b) a pension granted by virtue of paragraph (a) being paid for any period prior to (but not after) that person becoming so resident, or

(c) any arrears of a pension granted to or in respect of that person (being arrears due for a period prior to that person becoming so resident) being paid.

187 Commencement of pensions. [1935 WOPS, s. 35; 1937 WOPS, s. 19]

187.—(1) Subject to regulations under section 189 (3), where a person becomes entitled to a pension, the following provisions shall have effect—

(a) in case a claim thereto is made before the expiration of three months after the date on which the person becomes entitled thereto, the pension shall commence to accrue on that date,

(b) in any other case, the pension shall commence to accrue on the date on which the claim is made.

(2) Where the date on which a pension would begin to accrue under subsection (1) is a day of the week other than a day prescribed as the day in the week on which the weekly payments on account of pensions of that class are to be made, the pension shall not begin to accrue until such prescribed day in the week occurring next after the first-mentioned day.

188 Penalty for false statements. [1935 WOPS, s. 58; 1961 MP, s. 13; 1976 (No. 2), ss. 9, 10]

188.—(1) Every person—

(a) who, for the purpose of obtaining or continuing a pension either for himself or for any other person, or for the purpose of obtaining or continuing a pension for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or

(b) who knowingly obtains payment of, or continues to receive, a pension which he is disqualified for receiving or to which he is not entitled or of an amount in excess of the amount to which he is entitled, or

(c) who knowingly obtains or receives any payment on account of a pension which for any reason whatsoever is not payable to him,

shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

(2) A person convicted of an offence under subsection (1) in relation to a widow's (non-contributory) pension shall be disqualified for receipt of such pension for a period of 6 months immediately following the date of the conviction. This subsection shall not apply to any offence committed prior to 12th July, 1976.

(3) This section shall apply with the necessary modification in the case of a person to whom a pension or an increase in respect of a qualified child is paid under any of the provisions of this Chapter for or for the benefit of any person.

[1976 (No. 2), s. 5]

(4) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter, or under regulations made under or applying the provisions of this Chapter, may be brought at any time within whichever of the following periods later expires—

(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or

(b) the period of two years commencing on the date on which the offence was committed.

[1976 (No. 2), s. 11]

(5) Where in a prosecution for an offence under this Chapter, or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as the defendant) for pension, and

(b) that as a result of that application pension has been paid to any person (whether or not such pension was that applied for and whether or not it was paid to the defendant),

the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.

[1960 MP, s. 21]

(6) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person a pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

[1976 (No. 2), s. 12]

(7) Regulations under this Chapter may provide for offences consisting of contraventions of or failure to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

189 Regulations. [1935 WOPS, s. 65]

189.—(1) The Minister may make regulations—

(a) specifying the manner in which claims to pensions may be made, and the manner in which pensions are to be paid;

(b) specifying the procedure to be followed on references under this Chapter, and for applying for the purposes of any such reference any of the provisions of the Common Law Procedure Amendment Act (Ireland), 1856, and for excluding the application of any of the other provisions of that Act;

(c) authorising in such cases as may be prescribed the payment of any sum by way of pension during any period intervening between the making of any claim or the referring of any question and the final determination of the claim or question;

(d) enabling a person to be appointed to exercise on behalf of any claimant or person entitled to or in receipt of a pension who is, by reason of any mental or other incapacity, unable to act, any right to which that claimant or person may be entitled under this Chapter, and to authorise any person so appointed to receive on behalf and for the benefit of the claimant or person any pension;

(e) providing that, notwithstanding anything contained in section 190 or 191 relating to time limit for obtaining payments on account of pensions, but subject to the regulations—

(i) in the case of the death of a person who was in receipt of a pension, payment may be made of any sum which became payable within three months before the date of his death on account of the pension, but has not been paid; and

(ii) in the case of the death of a person who being entitled to a pension had made a claim thereto, payment may be made of any sum which, if his claim had been allowed immediately before his death, would have become payable on account of the pension up to the date of his death;

(f) providing that, subject to the regulations, probate or other proof of the title of the personal representatives of the deceased person may be dispensed with in the case of any such sum as is mentioned in paragraph (e) and that any such sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others, or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations.

(2) Regulations under this section specifying the manner in which pensions are to be paid shall be made with the consent of the Minister for Posts and Telegraphs.

[1952, s. 121]

(3) Regulations may apply any of the provisions of or made under sections 111, 112, 113, 128, 129, 295, 296, 297, 298, 299 and 300 to pensions, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII.

190 Payment of widow's pensions. [1935 WOPS, s. 33; 1952, s. 118]

190.—(1) Subject to subsection (2), a widow's (non-contributory) pension shall be paid to the pensioner.

(2) The Minister may, in his discretion, from time to time, direct either—

(a) that a pension shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the pensioner, and that any increase in respect of a qualified child, being part of such pension, shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom that increase is payable, or

(b) that any amount in respect of a qualified child shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom that amount is payable.

[1935 WOPS, s. 37]

(3) A pension shall, subject to any directions of the Minister in special cases, be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.

[1935 WOPS, s. 36; 1979, s. 7]

(4) Where the date on which a pension would cease to be payable is a day of the week other than that immediately preceding the day in the week prescribed as the day in the week on which the weekly payments on account of the pension are to be made, the pension shall continue to be payable in respect of the days in the week up to, but not including, that prescribed day.

[1935 WOPS, s. 31; S.I. No. 25 of 1953]

(5) The right to any sum payable by way of pension shall be extinguished where payment thereof is not obtained within 3 months or, where in any particular case the Minister so approves, 6 months from the date on which that sum is receivable under Article 5 of the Widows' and Orphans' Pensions (Claims and Payments Regulations) Order, 1935 (S.R. & O, No. 678 of 1935).

191 Payment of orphan's pensions. [1935 WOPS, s. 34]

191.—(1) Subject to this section, an orphan's (non-contributory) pension shall be paid to the guardian of the orphan in respect of whom such pension is payable.

(2) The Minister may, if he considers it advisable so to do, direct that a pension shall, in lieu of being paid to the guardian of the orphan in respect of whom such pension is payable, be paid to some other person for the benefit of the orphan.

[1935 WOPS, s. 37]

(3) A pension shall, subject to any directions of the Minister in special cases, be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.

[1935 WOPS, s. 36; 1937 WOPS, s. 20]

(4) Where the date on which a pension would cease to be payable is a day of the week other than that immediately preceding the day in the week prescribed as the day in the week on which the weekly payments on account of the pension are to be made, such pension shall continue to be payable in respect of the days in the week up to, but not including, that prescribed day.

[1935 WOPS, s. 31; S.I. No. 25 of 1953]

(5) The right to any sum payable by way of pension shall be extinguished where payment thereof is not obtained within 3 months or, where in any particular case the Minister so approves, 6 months from the date on which that sum is receivable under Article 5 of the Widows' and Orphans' Pensions (Claims and Payments Regulations) Order, 1935 (S.R. & O., No. 678 of 1935).

192 Repayment of pension overpaid. [1935 WOPS, s. 57]

192.—(1) If it is found at any time that a person has been in receipt of a pension during any period during which that person was not entitled thereto, or has been in receipt of a pension at a higher rate than that appropriate to the case, then that person or, in case that person is dead, that person's personal representative, shall be liable to pay to the Minister on demand any sums paid to that person in respect of the pension during such period or, as the case may be, a sum representing the difference between a pension at the rate actually paid and a pension at the rate appropriate to the case.

(2) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of a pension to which the person subsequently becomes entitled.

[1952, s. 61]

(3) Every sum paid to, or recovered by, the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(4) This section shall apply with the necessary modifications in the case of a person to whom a pension is paid under any of the provisions of this Chapter for or for the benefit of any person.

[1961 MP, s. 12]

(5) The power conferred on the Minister by this section to deduct from any payments on account of a pension to which a person becomes entitled any sums payable by the person to the Minister under this section may be exercised notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to pay to the Minister under this section, and any costs required by such order to be paid to the Minister shall be deemed, for the purposes of this section, to be sums payable by the person to the Minister under this section.

193 Pension granted to person in receipt of unemployment assistance. [1935 WOPS, s. 56; 1952, s. 61]

193.—Where—

(a) in respect of any period unemployment assistance has been paid to a person who, though entitled to a pension, is not at that time receiving payments on account thereof, and

(b) the unemployment assistance would not have been paid if that person had then been receiving payment on account of the pension, and

(c) any sum (in this section referred to as the arrears) accruing in respect of any part of the said period on account of the pension subsequently becomes payable to that person, the Minister may reduce the arrears by an amount not exceeding the amount paid by way of unemployment assistance.

194 Pension granted to person in receipt of supplementary welfare allowance. [1935 WOPS, s. 55; 1953 HA, s. 69; S.I. No. 168 of 1977]

194.—(1) Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to a pension, is not at that time receiving payments on account thereof, and

(b) the said allowance is in excess of the amount which would have been granted to that person if he had been receiving payment on account of a pension, and

(c) any sum (in this subsection referred to as the arrears) accruing in respect of any part of the said period on account of a pension subsequently becomes payable to that person, and

(d) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this subsection referred (to as the excess) so paid by the board in excess for the period in respect of which the arrears accrued,

[1952, s. 61]

the Minister may reduce the arrears by an amount not exceeding the amount of the excess and shall, in such case, pay to the health board out of moneys provided by the Oireachtas a sum equal to the amount by which the arrears are so reduced.

(2) This section shall extend to a case where any sum becomes subsequently payable on account of an amount payable in respect of a qualified child or qualified children under this Chapter or a pension payable in respect of an orphan on account of whom any such supplementary welfare allowance as is mentioned in subsection (1) has been granted in like manner as to a case where a sum on account of a pension becomes subsequently payable to a person to or on account of whom such supplementary welfare allowance has been granted, and shall apply in such a case subject to the necessary modifications.

CHAPTER 5 Allowances for Certain Women

195 Deserted wife's allowance. [1970, s. 22; 1972, s. 19; 1979, s. 7]

195.—(1) A deserted wife's allowance shall, subject to regulations, be paid to a woman—

(a) who has been deserted by her husband,

(b) who, if she is less than 40 years of age, has at least one qualified child residing with her, and

(c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

(2) The rate of a deserted wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 4 if she were a widow.

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4.

(4) The Minister may make regulations in relation to deserted wife's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband,

(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I, II and VIII, and