SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

• (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

• (c) in applying the provisions of section 300, provide, notwithstanding anything contained in that section, that in any case in which a deserted wife's allowance is by virtue of a revised decision given by a deciding officer or an appeals officer disallowed or reduced, such amount as the Minister may direct of any of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.

196 Prisoner's wife's allowance. [1974 (No. 2), s. 9; 1979, s. 7]

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

• (a) whose husband, being a prisoner, has been committed in custody to a prison or place of detention for a period of not less than 6 calendar months,

• (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 prisoner's 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.

[1979, s. 8]

• (3) A prisoner's wife's allowance shall continue to be paid for a period of 4 weeks after the release of the prisoner from a prison or place of detention.

• (4) 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.

• (5) The Minister may make regulations in relation to prisoner's wife's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing, 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.

197 Social assistance allowance. [1973, s. 8; 1979, s. 7]

197.—(1) A social assistance allowance shall, subject to regulations, be paid to a woman—

• (a) who is unmarried,

• (b) who 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 social assistance 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 she is the mother of the child and 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 a social assistance 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 being an unmarried mother,

• (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

• (c) in applying the provisions of section 300 provide, notwithstanding anything contained in that section, that in any case in which a social assistance allowance is, by virtue of a revised decision given by a deciding officer or an appeals officer, disallowed or reduced, such amount as the Minister may direct of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.

198 Single woman's allowance. [1974 (No. 2), s. 8]

198.—(1) A single woman's allowance shall, subject to regulations, be paid to a woman—

• (a) who is single,

• (b) who has attained the age of 58 years but has not attained pensionable age, and

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

[1980, s. 13]

• (2) A single woman's allowance shall be payable—

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

• (b) where her weekly means exceed £1, at 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 allowance would be payable is less than 50p, the allowance shall not be payable.

• (3) The Minister may make regulations in relation to a single woman's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing, 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.

CHAPTER 6 Supplementary Welfare Allowance

199 Interpretation. [1975 SWA, ss. 1, 10]

199.—In this Chapter—

“the Act of 1939” means the Public Assistance Act, 1939;

“child dependant” means, in relation to a recipient, any child, not being an adult dependant, who has not attained the age of 18 years and who is dependent on that recipient for support;

“home assistance” means home assistance within the meaning of the Act of 1939;

“public assistance authority” means a public assistance authority within the meaning of section 8 of the Act of 1939, as extended by section 7 of the Health Authorities Act, 1960, and section 84 of the Health Act, 1970;

“recipient” means a person entitled to supplementary welfare allowance;

“supplementary welfare allowance” means an allowance in cash or in kind granted under this Chapter.

200 Entitlement to supplementary welfare allowance. [1975 SWA, s. 2]

200.—Subject to this Chapter, every person in the State whose means are insufficient to meet his needs and the needs of any adult or child dependant of his shall be entitled to supplementary welfare allowance.

201 Exclusion of persons receiving full-time education. [1975 SWA, s. 3]

201.—(1) Any person who is receiving full-time instruction by day at any university, college, school or other educational establishment shall not be entitled to supplementary welfare allowance.

• (2) Subsection (1) is without prejudice to the entitlement of any person to receive supplementary welfare allowance in respect of a person referred to in that subsection who is his adult or child dependant.

• (3) Notwithstanding subsection (1), supplementary welfare allowance may, in a case in which there are exceptional circumstances, be granted to a person who would be entitled to receive supplementary welfare allowance but for that subsection.

202 Exclusion of persons in full-time employment. [1975 SWA, s. 4]

202.—(1) Subject to subsections (2) and (3), a person shall not be entitled to supplementary welfare allowance in relation to any period during which he is engaged in remunerative full-time work.

• (2) The Minister may by regulations provide for the postponement of the operation of subsection (1) in respect of any class of persons becoming engaged in remunerative full-time work until such period after the commencement of the engagement as may be specified in the regulations.

• (3) Subsection (1) shall not apply in the case of any person engaged in remunerative full-time work where the earning power of such person is, by reason of any physical or mental disability, substantially reduced in comparison with the earning power of other persons engaged in similar work.

203 Persons affected by trade disputes. [1975 SWA, s.5]

203.—(1) In any case where, by reason of a stoppage of work due to a trade dispute at his place of employment, a person is without employment for any period during which the stoppage continues, and such person has not, during that stoppage, become bona fide employed elsewhere in the occupation which he usually follows, or has not become regularly engaged in some other occupation, his needs for that period shall be disregarded for the purpose of ascertaining his entitlement to supplementary welfare allowance except in so far as such needs include the need to provide for his adult or child dependants.

• (2) Subsection (1) shall not apply to any person who is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work and does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.

• (3) In this section—

“place of employment” in relation to any person, means the factory, workshop, farm or other premises or place at which he was employed, but, where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of this section, be deemed to be a separate factory or workshop or farm or separate premises or a separate place, as the case may be;

“trade dispute” has the meaning assigned by section 35 (6).

204 Administration. [1975 SWA, s. 6]

204.—(1) Subject to the general direction and control of the Minister, each health board shall, in respect of its functional area, be responsible for the administration of the functions relating to supplementary welfare allowance and other functions performable under this Chapter.

• (2) Every health board shall grant to every person in its functional area who is eligible therefor such supplementary welfare allowance as is determined, in accordance with this Chapter, to be due to such person.

• (3) Any doubt or dispute as to which health board shall be responsible for the provision of supplementary welfare allowance to a particular person or to persons of a particular class shall be decided by the Minister.

• (4) Any function in relation to the determination of the entitlement of any person to supplementary welfare allowance and the amount of any such allowance shall, subject to section 205, be a function of the chief executive officer (within the meaning of section 13 of the Health Act, 1970) of the health board.

205 Appeals. [1975 SWA, s. 7]

205.—(1) Where a person is dissatisfied with the determination by an officer of a health board of a claim by him for supplementary welfare allowance, an appeal shall lie against such determination to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.

• (2) The Minister may by regulations made under section 219 provide for the making and determination of appeals under this section.

206 Conditions for grant of supplementary welfare allowance. [1975 SWA, s. 8]

206.—A health board may, subject to regulations made by the Minister under section 219, determine that a person shall not be entitled to supplementary welfare allowance unless—

• (a) he is registered for employment in such manner as the Minister may prescribe, and

• (b) he makes application for any statutory or other benefits or assistance to which he may be entitled including such benefits or assistance from countries other than the State.

207 Calculation of supplementary welfare allowance. [1975 SWA, s. 9; 1980, s. 14]

207.—(1) The amount of supplementary welfare allowance to which a person is entitled shall be the amount by which his means fall short of his needs, and for the purpose of ascertaining that amount—

• (a) the weekly needs of a person shall, subject to any payment pursuant to section 209, be taken to be—

• (i) in the case of a person who has no means, the amount calculated in accordance with section 208, or

• (ii) in the case of a person who has means, the amount calculated in accordance with section 208 which would be appropriate in his case if he had no means, reduced by 5p per week for every 5p or part of 5p of his weekly means,

• (b) the weekly means of any person shall be calculated in accordance with section 210.

• (2) In calculating the amount of supplementary welfare allowance payable to any person, the following provisions shall apply—

• (a) where a husband and wife are members of the same household, their needs and means shall be aggregated and shall be regarded as the needs and means of the husband, or of the wife, if she is the claimant;

• (b) in the case of a person with a child dependant his needs shall be taken to include the needs of that child dependant;

• (c) where the needs of any person are taken into account in determining the entitlement of any other person to supplementary welfare allowance, only such other person shall be entitled to an allowance.

208 Weekly amounts of supplementary welfare allowance for persons of no means. [1975 SWA, s. 10; 1980, s. 14]

208.—(1) In the case of a person who has no means as determined by this Chapter and subject to any payment pursuant to section 209, the weekly amount of supplementary welfare allowance payable shall be as set out in column (2) of Part I of the Fourth Schedule, increased by—

• (a) the amount set out in column (3) of that Part for any period during which the recipient has an adult dependant, and

• (b) the amount set out in column (4) of that Part in respect of a child dependant or each of two such children and, in addition, where there are more than two such children, the amount set out in column (5) of that Part in respect of each such child in excess of two.

• (2) For the purposes of this section, the definition of adult dependant in section 2 (1) and columns (4) and (5) of Part I of the Fourth Schedule shall be construed as if “child dependant” and “child dependants”, respectively, were substituted for “qualified child” and “qualified children”.

209 Additions to weekly amount of supplementary welfare allowance and other income. [1975 SWA, s. 11]

209.—(1) Where the weekly amount of supplementary welfare allowance, if any, payable to a person pursuant to section 207, and any other income, including any payment under this Act or under any other statute, of that person, is not sufficient to meet his needs, then—

• (a) in any case where that person is in receipt of supplementary welfare allowance, the weekly amount of such allowance payable to that person may, subject to this section, be increased, or

• (b) in any other case, a weekly payment of supplementary welfare allowance may be made, subject to this section, to supplement that person's other income.

• (2) The Minister may prescribe—

• (a) the circumstances under which a payment may be made to any person pursuant to subsection (1), and

• (b) the amounts of payments to be made either generally or in relation to a particular class of persons.

• (3) Regulations under subsection (2) may provide for the granting of allowances in kind in relation to specified needs and for all matters ancillary to and consequent on the provision of such allowances.

210 Calculation of means. [1975 SWA, s. 12]

210.—(1) The weekly means of a person for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with subsection (2).

• (2) In calculating the weekly means of a person, account shall be taken of the following—

• (a) all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and the actual or estimated amount of any income as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—

• (i) any sums received by way of children's allowance under Part IV,

• (ii) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970, and

• (iii) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person);

• (b) the value of any property belonging to such person (not being property personally used or enjoyed by him) which is invested or which, though capable of investment or profitable use, is not so invested or profitably used, the yearly value of the first £400 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of £400 being taken to be one-tenth part of the capital value; and the weekly value of the property being calculated as one fifty-second part of the yearly value so calculated;

[1979, s. 18]

• (c) the value of any advantage accruing to such person from the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by the person;

• (d) the value of any benefit or privilege enjoyed by such person;

• (e) all income and the value of all property of which such person has directly or indirectly deprived himself in order to qualify himself for the receipt of supplementary welfare allowance.

• (3) The Minister may by regulations vary the provisions of subsection (2).

211 Allowances in kind. [1975 SWA, s. 13]

211.—(1) Whenever it appears to a health board that by reason of exceptional circumstances the needs of a person can best be met by the provision of goods or services instead of the whole or part of any payment to which he would otherwise be entitled under this Chapter, the health board may determine that such goods or services be provided for him under arrangements made by the board.

• (2) In making a determination under this section to meet sudden and urgent need, the health board may dispense with inquiry into means or other circumstances and with compliance with any regulations made under this Chapter.

• (3) In relation to any goods or services provided by a health board pursuant to subsection (1), references in this Chapter to the amount of supplementary welfare allowance shall be deemed to be references to the value of the goods or services so provided.

212 Power to make single payment for exceptional need. [1975 SWA, s. 14]

212.—A health board may, in any case where it considers it reasonable, having regard to all the circumstances of the case, so to do, determine that supplementary welfare allowance shall be paid to a person by way of a single payment to meet an exceptional need.

213 Grant of supplementary welfare allowance in cases of urgency. [1975 SWA, s. 15]

213.—(1) Nothing in section 201, 202 or 203 shall prevent the payment of supplementary welfare allowance in an urgent case and in determining whether an allowance is payable by virtue of this section and the amount or nature of the allowance, the health board shall not be bound by anything contained in sections 206 to 210 or in any regulations made under this Chapter which appears to it inappropriate in the circumstances of the case.

• (2) Where pursuant to subsection (1) supplementary welfare allowance is paid to a person who is engaged in remunerative full-time work, a health board may, if it is satisfied that in all the circumstances of the case it would be equitable so to do, determine that the whole or part of the allowance so paid shall be recoverable from the person to whom it is paid.

214 Liability to maintain dependants. [1975 SWA, s. 16]

214.—(1) For the purposes of this Chapter and without prejudice to any obligations imposed by law or otherwise, the following provisions shall have effect—

• (a) every man shall be liable to maintain such of his legitimate children as are under the age of 16 years;

• (b) every woman shall be liable to maintain such of her children as are under the age of 16 years;

• (c) every married man shall be liable to maintain his wife and any child of his wife who was born before her marriage to him and is under the age of 16 years; and

• (d) every married woman shall be liable to maintain her husband.

• (2) Every reference in this Chapter to a person who is liable to maintain another person shall be construed as meaning a person who by virtue of subsection (1) is liable to maintain such other person.

215 Recovery of and contributions to supplementary welfare allowance. [1975 SWA, s. 17]

215.—(1) Where a health board grants supplementary welfare allowance to any recipient, every person who is liable to maintain that recipient shall be liable to contribute to the health board according to his ability towards any allowance so granted.

• (2) Whenever a person who is liable to contribute to supplementary welfare allowance granted to the recipient fails or neglects to make such contribution, the health board concerned may apply to the District Court for an order directing the person liable to contribute to make such contribution to the allowance so granted.

• (3) Before making an application to the District Court under subsection (2), the health board concerned shall serve notice of the application on the person liable to contribute.

• (4) Whenever the District Court is satisfied that the person liable to contribute to a grant of supplementary welfare allowance to the recipient is, at the time of the hearing of an application by a health board under subsection (2), able to contribute to the allowance so granted, the District Court shall fix the amount of the contribution to be made by the person so liable and shall order the payment thereof to the health board either by way of a lump sum payment or by way of such weekly or monthly instalments as the Court shall think proper.

• (5) A health board shall not recover by means of an application under subsection (2) in relation to supplementary welfare allowance granted to a person a greater amount than the allowance so granted together with the costs of the proceedings or, where a contribution has been made in pursuance of this section without any such application, a greater amount than the difference between such contribution and the allowance so granted together with the costs of the proceedings.

216 Arrangements for burials. [1975 SWA, s. 18]

216.—(1) A health board may provide for the burial of any of the following persons—

• (a) a person who died within the functional area of the health board and in respect of whose burial suitable arrangements are not otherwise being made,

• (b) a person who has been drowned and cast ashore within its functional area or who has otherwise perished and been found dead within that area and (in either case) whose body has not been claimed for burial.

• (2) A health board may, in any case in which it thinks proper, bring into and bury in its functional area the body of a person eligible for supplementary welfare allowance who has died outside such functional area.

• (3) A health board may defray all expenses necessarily incurred in the burial under this section of a person or in the bringing of the body of a person into its functional area for burial

• (4) Where a health board incurs under this section expenses in relation to the body of a deceased person, it may obtain repayment of such expenses from the estate of the deceased person or from any person who was liable to maintain the deceased person immediately before his death.

217 Estimates of income and expenditure in respect of supplementary welfare allowance. [1975 SWA, s. 19]

217.—A health board shall submit estimates of income and expenditure in respect of supplementary welfare allowance to the Minister in such form, at such times and in relation to such periods as the Minister, with the consent of the Minister for Health, may direct and shall also furnish the Minister with any information he requires in relation to such estimates.

218 Financing of health board expenditure. [1975 SWA, s. 20; S.I. No. 156 of 1977]

218.—(1) Every local authority which, immediately before 1st July, 1977, was a public assistance authority shall pay to the health board in whose functional area the functional area of the local authority is included in respect of each year a sum representing—

• (a) the total expenditure by such local authority on home assistance in the year ending on 31st December, 1975, and

• (b) a proportion of 40 per cent, of the amount by which the total expenditure by all health boards on supplementary welfare allowance in the year for which payment is due exceeds the total expenditure by all local authorities on home assistance in the year ending on 31st December, 1975, the said proportion of 40 per cent, payable by such authority being that which the total expenditure on home assistance by that authority in the year ending on 31st December, 1975, bears to the total expenditure by all local authorities on such assistance in that year.

• (2) In determining the amount of expenditure on home assistance and supplementary welfare allowance for the purposes of subsection (1), the costs of administration shall be excluded.

• (3) The expenditure of a health board on the administration of supplementary welfare allowance shall be paid by the local authorities which, immediately before 1st July, 1977, were public assistance authorities having their functional areas in the functional area of the health board.

• (4) Section 32 of the Health Act, 1970, which relates to the agreement or, in the absence of agreement, the determination of the manner of the sharing of contributions between local authorities, shall with any necessary modifications apply to payments under subsection (3) in like manner as it applies to contributions under the said section 32.

• (5) The Minister may by regulations specify the manner in which and the times at which payments shall be made by local authorities to health boards under subsection (1) and, where appropriate, any such regulations may provide for interim payments calculated in accordance with estimates furnished by a health board pursuant to section 217.

• (6)
• (a) Where any sum is due and payable under this Chapter to a health board by a local authority, the amount of that sum may be deducted from any money payable to that local authority from funds provided by the Oireachtas for any purpose whatsoever.

• (b) Every amount deducted pursuant to paragraph (a) shall be paid to the health board concerned and shall be credited in the accounts of that health board as a payment by the local authority concerned of the sum in respect of which the amount was so deducted.

• (7) References to supplementary welfare allowance in this section shall be construed as including reference to the cost of burials pursuant to section 216.

• (8) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards to defray so much of their expenditure on supplementary welfare allowance as is not met by income under this section.

219 Regulations. [1975 SWA, s. 21]

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

• (a) in relation to any matter relating to supplementary welfare allowance and such regulations may, in particular and without prejudice to the generality of the foregoing, 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

• (b) for any purpose in relation to which regulations are provided for by any of the provisions of this Chapter.

• (2) Without prejudice to any specific provision in this Chapter, any regulations made under this Chapter may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.

220 Transfers of certain property. [1975 SWA, s. 22]

220.—(1) All property transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975, to a health board and which, immediately before 1st July, 1977, was standing in the book of any bank or was registered in the books of any bank, corporation or company in the name of a public assistance authority shall, on the request of the health board, be transferred in the books by the bank, corporation or company into the name of the health board.

• (2) Every chose-in-action transferred by the said section 22 to a health board may be sued on, recovered or enforced by the health board in its own name and it shall not be necessary for the board to give notice to the person bound by the chose-in-action of the transfer effected by that section.

• (3) Every bond, guarantee or other security of a continuing character made or given by a public assistance authority in pursuance of its functions under the Act of 1939 to another person, or by any person to a public assistance authority in connection with those functions, which was in force immediately before 1st July, 1977, and every contract or agreement in writing in connection with the said functions made between a public assistance authority and another person which was not fully executed and completed before that date shall be construed and have effect as if the name of the health board in whose functional area the functional area of the public assistance authority is included were substituted therein for the name of the public assistance authority, and the security, contract or agreement shall be enforceable by or against the health board accordingly.

221 Transfer of certain officers and enforceability of contracts. [1975 SWA, s. 23]

221.—(1) Any question arising as to whether a particular officer or officers of a particular class of a public assistance authority was or were transferred to a health board pursuant to section 23 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975, shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate, and, if it is decided that any such officer was so transferred, then, for the purpose of any enactment relating to superannuation, his office under the public assistance authority shall be deemed not to have been abolished.

• (2) Every contract of service, express or implied, which—

• (a) was made between a public assistance authority and any person who was not an officer of that authority but was a person to be transferred to a health board pursuant to the said section 23, and

• (b) was continued in force by subsection (6) of that section and is in force immediately before the commencement of this Act,

shall continue in force and shall continue to be construed and have effect as if the health board were substituted therein for the public assistance authority, and every such contract shall be enforceable by or against the health board accordingly.

• (3) Any question arising in relation to subsection (2) as to whether a particular person or persons of a particular class was or were a person or persons to be transferred pursuant to the said section 23 shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate.

222 Transitional provisions. [1975 SWA, s. 25]

222.—(1) The Minister may by regulations make, in respect of any statute, order or regulation in force on 1st July, 1977, and relating to any matter or thing dealt with or affected by this Chapter, any adaptation or modification which appears to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Chapter.

• (2) Any proceedings for the recovery of a sum which, if the Social Welfare (Supplementary Welfare Allowances) Act, 1975, had not been passed, could have been taken by a public assistance authority may be taken by the health board in whose functional area the functional area of the public assistance authority was included immediately before 1st July, 1977.

• (3) Any proceedings for the enforcement, variation or revocation of an order under section 29 of the Act of 1939 for the payment of money which by virtue of section 220 is payable to a health board may be brought and maintained by the health board.

PART IV Children's Allowances

223 Qualified child. [1946 CA, s. 4; 1973, s. 6]

223.—(1) A child shall be a qualified child (in this Part referred to as a qualified child) for the purposes of children's allowances if—

• (a) he is under the age of 16 years, or

• (b) having attained the age of 16 years he is under the age of 18 years and—

• (i) is receiving full-time instruction by day at any university, college, school or other educational establishment, or

• (ii) is an apprentice, or

• (iii) is, by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period, and

• (c) he is ordinarily resident in the State, and

• (d) he is not detained in a reformatory or an industrial school and is not undergoing imprisonment or detention in legal custody.

[1965 MP, s. 17]

• (2) Notwithstanding subsection (1), a child who resides with his father while the father (being a member of the Defence Forces or the civil service of the Government or the State) is in the service, outside the State, of the Government, the State or an international organisation shall be a qualified child for the purposes of this Part.

224 Qualified persons. [1946 CA, s. 5; 1963 MP, s. 5]

224.—(1) A person with whom a qualified child normally resides shall be qualified for a children's allowance in respect of that child and is in this Part referred to as a qualified person.

• (2) For the purpose of subsection (1)—

• (a) the Minister may make rules for determining with whom a qualified child shall be regarded as normally residing,

• (b) a qualified child shall not be regarded as normally residing with more than one person, and

[1974 (No. 1), s. 8]

• (c) where a qualified child is resident in an institution and contributions are made towards the cost of his maintenance in that institution, he shall be regarded as normally residing with the person with whom in accordance with the rules made under paragraph (a) he would be determined to be normally residing if he were not resident in an institution but, where the person with whom he would thus be regarded as normally residing has abandoned or deserted the child, the child shall be regarded as normally residing with the head of the household of which he would normally be a member if he were not resident in an institution.

[1946 CA, s. 5]

• (3) Rules made under subsection (2) shall be laid before each House of the Oireachtas as soon as may be after they are made, and if a resolution is passed by either House of the Oireachtas within the next subsequent 21 days on which that House has sat after the rules are laid before it annulling the rules, the rules shall be annulled accordingly, but without prejudice to the validity of anything previously done under the rules.

[1974 (No. 1), s. 9; S.I. No. 196 of 1974]

• (4) Where, immediately before 3rd July, 1974, the mother or stepmother of a qualified child was in receipt of a children's allowance in respect of that child, having been nominated in accordance with regulations made under the Social Welfare (Children's Allowances) Acts, 1944 to 1973, to receive the allowance, she shall on becoming the qualified person in respect of that child be treated as having made the claim for that allowance.

• (5) Where, immediately before 3rd July, 1974, a person who was qualified for a children's allowance in respect of a qualified child had not so nominated the mother or step-mother of the child to receive the allowance, that person if he had ceased to be a qualified person at that date shall be treated as having been so nominated by the qualified person to receive the allowance unless and until the qualified person otherwise elects.

225 Amounts of children's allowance. [1946 CA, s. 6; 1980, s. 24]

225.—(1) Subject to this Part and the regulations there-under, a person who is qualified for a children's allowance shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly allowance of the amount set out in column (1) of Part IV of the Fourth Schedule in respect of one qualified child, and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of one.

[1965 MP, s. 18]

• (2) Notwithstanding anything in this Part, the monthly allowance payable to a qualified person in respect of a qualified child whose birth was part of a multiple birth of three or more children of whom not less than three remain qualified shall be double the allowance that would have been payable if this subsection had not been enacted.

[1969 MP, s. 8; 1980, s. 25]

• (3) A person who is qualified for a children's allowance under this Part shall, subject to this Part and the regulations made there-under, be paid children's allowances by way of a grant in respect of three or more qualified children where the birth of each of them was part of the same multiple birth, and the amount of the grant shall be £300 if such qualified children are three in number and £400 if they exceed three in number.

• (4) A grant under subsection (3) shall become payable on the date of birth of the last-born of the qualified children of the multiple birth.

• (5) Payment of a grant under subsection (3) shall be in addition to any children's allowance payable by way of a monthly allowance under this Part in respect of the children concerned.

226 Time limit for payment. [1944 CA, s. 18; 1952 CA, s.6]

226.—A sum shall not be paid on account of a children's allowance if payment of the sum is not obtained within 3 months (or, where the Minister so thinks fit, 6 months) after the date on which it has become payable.

227 Appointment and duties of social welfare officers. [1944 CA, ss. 5, 6; 1960 MP, s. 24]

227.—(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 Part.

• (2) Every such officer shall investigate into and report to the Minister upon any claim for or in respect of a children's allowance and any question arising on or in relation to a children's allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require any claimant for a children's allowance or any person in charge of a child in respect of whom the claim is based to furnish him with such information and to produce to him for inspection such documents relative to the claim as such officer may reasonably require.

• (3) If any person, being a claimant for a children's allowance or a person in charge of a child in respect of whom the claim is based, fails to furnish to a social welfare officer such information as he is required by this section to furnish to such officer or to produce to a social welfare officer for inspection such documents as he is required by this section to produce to such officer, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £5.

228 Exclusion of children's allowance for superannuation or pension purposes. [1944 CA, s. 15]

228.—Income from a children's allowance shall not be reckoned for the purpose of any abatement provisions in any enactment relating to superannuation or pensions.

229 Repayment of children's allowances overpaid. [1944 CA, s. 11; 1946 CA, s. 12]

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

• (3) Every sum repaid 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 children's allowance is paid under any of the provisions of this Part or regulations made thereunder and who is not the person to whom such children's allowance is granted.

230 Payments to appointed persons and absence from State. [1946 CA, s. 6; S.I. No. 143 of 1973]

230.—(1) The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with a children's allowance on behalf of an applicant.

• (2) The Minister may at any time revoke an appointment made under subsection (1) and any person appointed under that subsection may resign on giving to the Minister one month's notice of his intention to do so.

• (3) A person appointed under subsection (1) may receive and deal with a children's allowance on behalf of the applicant and the receipt by such person for any sums paid to him on behalf of the applicant shall be a good discharge to the Minister.

• (4) Where a qualified person is for the time being absent from the State, an application on his behalf in respect of a children's allowance may be accepted from such person as the Minister thinks fit.

• (5) A children's allowance shall be paid only within the State.

231 Penalty for false statements. [1944 CA, s. 12; 1946 CA, s. 12; 1976 (No. 2), ss. 9, 10, 11]

231.—(1) Every person—

• (a) who, for the purpose of obtaining or continuing a children's allowance, either for himself or for any other person, or for the purpose of obtaining or continuing a children's allowance 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 children's allowance to which he is not entitled, or