S.I. No. 263/1991 - Social Welfare (Old Age and Blind Pensions) Regulations, 1991

S.I. No. 263 of 1991.

SOCIAL WELFARE (OLD AGE AND BLIND PENSIONS) REGULATIONS, 1991.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 169 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), section 170 of that Act (as amended by section 25 of the Social Welfare Act, 1984 (No. 5 of 1984)), Rule 1A of the Third Schedule to that Act (inserted by section 35 of the Social Welfare Act, 1990 (No. 5 of 1990)) and by section 59 of the Social Welfare Act, 1991 (No. 7 of 1991), 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 (Old Age and Blind Pensions) Regulations, 1991.

2 Interpretation.

2.

2. In these Regulations—

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

"beneficiary" means a person entitled to a pension;

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

"nursing home" has the meaning assigned to it by section 2 of the Health (Nursing Homes) Act, 1990 (No. 23 of 1990);

"pension" means an old age pension or a blind pension under Chapter 3 of Part III of the Act, as the case may be;

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

3 Commencement.

3.

3. These Regulations shall come into operation on the 18th day of October, 1991.

4 Revocations and amendments.

4.

4. (1) The Social Welfare (Old Age and Blind Pensions) Regulations, 1984 ( S.I. No. 159 of 1984 ) are hereby revoked.

• (2) The Regulations specified in column (1) of Schedule B to those Regulations are hereby amended to the extent specified in column (3) of that Schedule opposite the mention of the provisions of those Regulations to be amended specified in column (2).

PART II *Exemption of Income Derived from the Sale of Pensioner's Principal Residence in calculating means.*

5 Proceeds from the sale of claimant or beneficiary's principal residence to be disregarded in calculating means.

5.

5. (1) Subject to articles 6 and 7 of these Regulations, where a claimant or beneficiary, or, in the case of a married couple who are living together, the spouse of a claimant or beneficiary, sells his principal residence, the gross proceeds derived from the sale of that residence, subject to a maximum amount of £75,000, shall be disregarded in calculating the means of that claimant or beneficiary in accordance with the Rules contained in the Third Schedule to the Act.

• (2) In this Part of these Regulations a reference to the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary means—

• (a) the agreed sale price of that residence, or

• (b) where the claimant or beneficiary purchases alternative accommodation in accordance with article 7 of these Regulations, the difference between the agreed sale price of the former residence and the agreed purchase price of the replacement residence.

6 Conditions to be satisfied.

6.

6. The disregard in the calculation of means provided for in article 5 of these Regulations shall apply only to the gross proceeds derived from the sale of a dwelling-house or part of a dwelling-house which is, or has been occupied by the claimant or beneficiary as his principal residence, or land which he has for his own occupation and enjoyment with that residence as its gardens or grounds up to an area not exceeding one acre.

7 Circumstances in which exemption applies.

7.

7. The disregard in the calculation of means provided for in article 5 of these Regulations shall apply only—

• (a) where the claimant or beneficiary disposes of his principal residence for the purposes of—

• (i) purchasing alternative accommodation which is or will be occupied by him as his only or main residence, or

• (ii) funding the renting of alternative accommodation which is or will be occupied by him as his only or main residence, or

• (iii) funding the payment of fees to a nursing home which has been registered in accordance with section 4 of the Health (Nursing Homes) Act, 1990 , and

• (b) where—

• (i) the sale of the principal residence of the claimant or beneficiary takes place on or after the commencement of these Regulations, and

• (ii) the claimant or beneficiary has attained pensionable age at the date of sale, and

• (c) in the case of a claimant or beneficiary who is a married person, where that person's spouse has also attained pensionable age at the date of sale.

PART III *Administration.*

CHAPTER 1 *Claims and Payments.*

8 Claims to be made to the Minister.

8.

8. Every claim for a pension (including an increase of pension, where payable) 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.

9 Information to be given when making a claim for and obtaining payment of pension.

9.

9. (1) Every person who makes a claim for a pension 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.

• (2) Every beneficiary and every person by whom or on whose behalf a pension 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 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 to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.

10 Provisional allowance of claims.

10.

10. (1) Where it appears to any person that, although for the time being he is not entitled to a pension, he will nevertheless become entitled to a pension at some future date, he may make a claim at any time not more than four months before that date.

• (2) Where a deciding officer is satisfied that a claimant is likely to be entitled to a pension, he may allow the claim provisionally so as to take effect on any future date not later than four months from the date of his decision.

11 Time and manner of payment of pension.

11.

11. (1) A pension shall be paid by means of a pension order payable to the beneficiary, at such post office as the Minister, after inquiry from him, may determine.

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

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

• (6) Any person having a book of pension orders or any unpaid pension order shall, on the termination of the pension 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.

• (7) 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 otherwise than weekly in advance or otherwise than by means of pension orders payable to the beneficiary.

12 Prescribed time for claiming pension.

12.

12. (1) Subject to article 10 of these Regulations, the prescribed time for making a claim for a pension shall be the day in respect of which the claim is made.

• (2) Where a person fails to make a claim for a pension 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 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) Subject to sub-article (5) of this article, 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 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 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 a pension in respect of any period more than six months before the date on which the claim therefor is made in accordance with these Regulations.

13 Extinguishment of right to pension not obtained within the prescribed time.

13.

13. Where a pension has been duly awarded to a claimant and is being paid to that claimant, the right to any sum payable by way of such pension 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 receivable under section 167 of the Act.

14 Offences.

14.

14. A person who fails to comply with sub-article (2) of article 9 or sub-article (6) of article 11 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.

CHAPTER 2 *Payments to Persons other than the Claimant*

15 Persons unable to act.

15.

15. (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.

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

• (3) An appointment made under this article 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.

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

• (5) Anything required to be done to a claimant or beneficiary in relation to a pension 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.

• (6) 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.

16 Payment to appointed persons.

16.

16. The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a claimant or beneficiary, so much of the pension as is payable in respect of a qualified child or qualified children together with any increase of pension for a spouse:

Provided that, in the case of a person in respect of whom no increase is payable for a spouse, the rate payable in respect of a child dependant of such person shall be so much of the pension as is equal to the difference between the pension actually payable to the beneficiary and the pension that would be payable to a beneficiary who has no qualified child when the means as duly calculated in both cases fall within the same range in the appropriate statutory table of rates.

17 Payment to appointed persons living together with the claimant or beneficiary.

17.

17. Notwithstanding the provisions of article 16 of these Regulations, in the case of a claimant or beneficiary who is living together with a person in respect of whom he is entitled to or in receipt of an increase of pension for a spouse, the Minister may, where it appears to him that the circumstances so warrant, appoint the spouse in respect of whom the increase in pension is payable to receive and deal with on behalf of the claimant or beneficiary—

• (a) Where the weekly rate payable is a scheduled rate, any increase of pension payable in respect of a qualified child or qualified children by virtue of section 161 (1) of the Act, together with one half of the aggregate of—

• (i) the rate of pension as set out in column (2) of Part I of the Fourth Schedule to the Act, and

• (ii) the increase in pension payable by virtue of section 162 (d) of the Act,

• (b) where the weekly rate payable is less by reason of means than the applicable scheduled rate, any increase of pension payable in respect of a qualified child or qualified children by virtue of section 161 (1) of the Act, together with one half of the difference between the pension payable to the claimant or beneficiary and any increase of pension payable in respect of a qualified child or qualified children by virtue of section 161 (1) of the Act.

18 Provisions relating to appointments under articles 16 and 17.

18.

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

• (2) The receipt of a person appointed under article 16 or 17 of these Regulations shall be a good discharge to the Minister for any sums paid to such person on behalf of the claimant or beneficiary.

19 Payments on death.

19.

19. (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 in the name of such claimant or beneficiary.

• (2) On the death of a beneficiary, any sum payable in respect of a pension 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 therto, 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 16 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 16, he may obtain a good discharge therefor by paying the sum or 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 16.

• (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.

PART IV *Miscellaneous Provisions*

20 Repayment under section 169(3) of the Act.

20.

20. Where a person in receipt of a pension is liable to repay any sums under section 169 (3) of the Act and the Minister under section 169 (7) of the Act directs those sums or any part of them to be deducted from the sums to which that person becomes entitled on account of a pension, the deduction shall be made by withholding payments on account of the pension either in whole or in part until the total of the sums withheld amounts to the total of the sums so directed to be deducted.

21 Application of the Act.

21.

21. The provisions of the enactments mentioned in column (1) of Schedule A hereto shall apply to a pension and in such application shall be modified so that the said provisions shall read as set out in column (2) of the said Schedule.

SCHEDULE A

Article 21

SCHEDULE B

Article 4 (2)

Regulation Amended

GIVEN under the Official Seal of the Minister for Social Welfare

this 14th day of October, 1991.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations provide that, where an old age (non-contributory) pensioner sells his or her house, the money received from the sale of that house, up to a maximum amount of £75,000, will not be taken into account as means.

These Regulations also provide that the exemption will apply only in cases—

• (a) where the pensioner sells his or her house and either—

—purchases alternative accommodation,

—rents alternative accommodation, or

—moves into a private nursing home, and

• (b) where the pensioner sells his or her house after he or she has reached 66 years of age, and

• (c) if the pensioner is a married person, where his or her spouse is also aged 66 years or over when the house is sold.

The exemption applies only in the case of pensioners who sell their houses on or after 18th October, 1991.

In addition, these Regulations consolidate all of the regulatory provisions relating to the old age (non-contributory) pension and blind pension.