S.I. No. 281/1989 - Social Welfare (Widower's (Non-Contributory) Pension and Deserted Husband's Allowance) Regulations, 1989

S.I. No. 281 of 1989.

SOCIAL WELFARE (WIDOWER'S (NON-CONTRIBUTORY) PENSION AND DESERTED HUSBAND'S ALLOWANCE) REGULATIONS, 1989.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by sections 198A and 198B of that Act (as inserted by the Social Welfare Act, 1989 (No. 4 of 1989)), and after consultation with An Post, hereby makes the following Regulations:—

PART I. *General.*

1 Short title.

1.

1. These Regulations may be cited as the Social Welfare (Widower's (Non-Contributory) Pension and Deserted Husband's Allowance) Regulations, 1989.

2 Interpretation.

2.

2. In these Regulations—

"the Act" means the Social Welfare (Consolidation) Act, 1981 ;

"the Act of 1989" means the Social Welfare Act, 1989 ;

"allowance" means a deserted husband's allowance payable under section 198B of the Act;

"beneficiary" means a man entitled to a pension or an allowance;

"claimant" means a man who has made a claim for a pension or an allowance, or who could properly make such a claim if he were able to act;

"pension" means a widower's (non-contributory) pension payable under section 198A of the Act;

"pension order" means an order for the payment through the post office of a weekly sum on account of a pension or an allowance.

PART II. *Desertion.*

3 Desertion.

3.

3. (1) A man is to be regarded for the purposes of section 198B of the Act as having been deserted by his wife if—

( a ) his wife has of her own volition left him and has not at any time during the three months immediately preceding the date of his claim for an allowance lived or cohabited with him, and

( b ) his wife wilfully refuses or neglects to contribute to the support and maintenance of him and their children, and

( c ) he has made and continues to make reasonable efforts within the means available to him to trace his wife's whereabouts and to prevail on her to contribute to the support and maintenance of him and their children, and

( d ) his wife has not resumed living or cohabiting with him.

• (2) In determining whether or not a wife contributes to the support and maintenance of her husband, monetary payments and other contributions made by her which are inconsiderable may be disregarded.

• (3) In this article "wife" in relation to a man who has been married more than once refers only to his last wife.

PART III. *Claims and Payments.*

4 Claims to be made to the Minister.

4.

4. Every claim for a pension or an allowance (including an increase of pension or allowance) shall be made to the Minister in the form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances.

5 Information to be given when making a claim for pension or allowance.

5.

5. Every person who makes a claim for a pension or an allowance shall furnish such certificates, documents, information and evidence for the purpose of deciding the claim as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.

6 Time and manner of payment of pensions or allowances.

6.

6. (1) A pension or an allowance shall be paid weekly in advance on the Thursday of each week by means of a pension order payable to the beneficiary, at such post office as the Minister, after enquiry from him, may determine.

• (2) Where a pension or an allowance is payable the Minister shall cause arrangements to be made whereby, on furnishing evidence as to identity and such other particulars as may be required, a beneficiary may obtain a book of pension orders.

• (3) The Minister shall arrange for the issue to every beneficiary of a fresh book of pension orders on the expiration of the previous book.

• (4) Where the day from which payment or a change in the rate of payment of a pension or an allowance takes effect is a day of the week other than a Thursday, payment or the change in the rate of payment of the pension or allowance shall take effect as from and including the next Thursday.

• (5) Where a pension or an allowance ceases to be payable as from and including a day of the week other than Thursday, the pension or allowance shall continue to be payable in respect of the days of the week up to but not including the next Thursday.

• (6) A book of pension orders issued to any person shall remain the property of the Minister.

• (7) Any person having a book of pension orders or any unpaid pension order shall, on the termination of the pension or allowance to which such book or order relates or when requested by the Minister, deliver such book or order to such person as the Minister may direct.

• (8) Notwithstanding anything contained in this article, the Minister may in any particular case or class of case or in all cases arrange for the payment of a pension or an allowance otherwise than weekly in advance or otherwise than by means of pension orders payable to the beneficiary.

7 Prescribed time for claiming pension or allowance.

7.

7. (1) The prescribed time for making a claim for a pension or an allowance shall be the period of three months from the day on which, apart from satisfying the condition of making a claim, the claimant would become entitled to the pension or allowance.

• (2) Where a man fails to make a claim for a pension or an allowance within the time prescribed in sub-article (1) of this article, he shall be disqualified for receiving payment in respect of any period before the date on which the claim is made.

• (3) Where a claimant proves that there was good cause for his failure to make a claim for pension or allowance before the date on which it was made, the Minister may extend the time within which the claim may be made to the date of the making of the claim.

• (4) Where a claimant proves that—

( a ) on a date earlier than the date on which his claim was made, apart from satisfying the condition of making a claim, he was entitled to the pension or the allowance claimed, and

( b ) throughout the period between the earlier date and the date on which the claim was made there was good cause for delay in making the claim

he shall not be disqualified under this article for receiving the pension or allowance to which he would have been entitled if the claim had been made on the said earlier date.

• (5) No sum shall be paid to any person on account of pension or allowance in respect of any period more than six months before the date on which the claim therefor is made in accordance with these Regulations.

8 Extinguishment of right to pension or allowance not obtained within the prescribed time.

8.

8. The right to any sum payable by way of a pension or an allowance shall be extinguished where payment thereof is not obtained within three months or, where in any particular case the Minister so approves, six months from the date on which that sum is payable under article 6 of these Regulations.

9 Information to be given when obtaining payment of pension or allowance.

9.

9. Every beneficiary and every person by whom or on whose behalf a pension or an allowance is receivable shall—

( a ) furnish in such manner and at such times as the Minister may determine such certificates, documents and information affecting the right to pension or allowance or to the receipt thereof as the Minister may require, and

( b ) notify the Minister of any change of circumstances which affects the right to a pension or an allowance, or to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.

10 Persons unable to act.

10.

10. (1) Where a claimant or beneficiary is unable for the time being to act, the Minister may appoint some other person to exercise on behalf of such claimant or beneficiary any right or power which the claimant or beneficiary may be entitled to exercise in relation to a pension or an allowance.

• (2) The following provisions shall apply to every appointment made by the Minister under this article—

( a ) the Minister may at any time revoke the appointment,

( b ) the person appointed may resign on giving to the Minister one month's notice of his intention to do so,

( c ) the appointment shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.

• (3) A person appointed under this article may exercise on behalf of the claimant or beneficiary any right of power which such claimant or beneficiary may be entitled to exercise in relation to a pension or an allowance and may receive and deal with any sum payable by way of a pension or an allowance on behalf of such claimant or beneficiary.

• (4) Anything required to be done to a claimant or beneficiary in relation to a pension or an allowance may be done as respects a claimant or beneficiary who is unable to act to the person appointed under this article to act on his behalf.

• (5) The receipt of a person appointed under this article for any amount paid in accordance with this article shall be a good discharge to the Minister for any amount so paid.

11 Payments on death.

11.

11. (1) On the death of a claimant or beneficiary the Minister may allow such person as he may think fit to proceed with or to make a claim for a pension or an allowance in the name of such claimant or beneficiary.

• (2) On the death of a beneficiary, any sum payable in respect of a pension or an allowance may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows—

( a ) where the beneficiary died leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum,

( b ) where the beneficiary died intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.

• (3) The receipt of any person of the age of sixteen years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister for the sum so paid.

• (4) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of sixteen, he may obtain a good discharge therefor by paying the sum of part thereof to a person over that age who satisfies the Minister that he will apply the sum so paid for the benefit of the person under the age of sixteen.

• (5) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.

12 Offences.

12.

12. A person who fails to comply with sub-article (7) of article 6 or article 9 of these Regulations shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000 and, in the case of a continuing offence, to a fine not exceeding £1,000 for each day on which the offence is continued.

PART IV. *Application of Certain Provisions of the [Social Welfare (Consolidation) Act, 1981](https://www.irishstatutebook.ie/1981/en/act/pub/0001/index.html) .*

13 Application of the Act.

13.

13. The enactments mentioned in the first column of the Schedule hereto shall apply to a pension or allowance, as appropriate, and in such application shall be modified as set out in the second column of the said Schedule.

SCHEDULE.

Article 13.