Social Welfare (Consolidation) Act , 1993

Type Act

Publication 1993-11-09

State In force

Source Irish Statute Book

articles 304

(c) who satisfies the conditions as to means calculated in accordance with the Rules contained in Part II of the Third Schedule.

[1981, s. 196(2)]

(2) The rate of 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 6 if she were a widow.

[1981, s. 196(3)]

(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.

156 Disqualification.

[S.I. No. 272 of 1990, A.30]

156.—A prisoner's wife shall not, if and so long as she and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of prisoner's wife's allowance.

CHAPTER 9 Lone Parent's Allowance

157 Interpretation.

[1990, s. 12 (1)]

157.—(1) In this Chapter—

“lone parent” means, subject to regulations under section 162—

(a) a widow,

(b) a widower,

(d) an unmarried person, or

(e) a person whose spouse has been committed in custody to a prison or place of detention for a period of not less than 6 months,

who has at least one qualified child normally residing with that person;

“allowance” means a lone parent's allowance;

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

[1990, s. 12(1)]

(2) For the purposes of this Chapter—

(a) means shall be calculated in accordance with the Rules contained in Part II of the Third Schedule, and

(b) a widow who has remarried shall not be regarded as the widow of her former husband and a widower who has remarried shall not be regarded as the widower of his former wife.

158 Entitlement to allowance.

[1990, s. 12(1)] [1990, s. 12(1)]

158.—(1) Subject to this Act, lone parent's allowance shall be payable to a lone parent.

(2) A lone parent's allowance payable to a lone parent shall, subject to this Act, continue to be payable unless the lone parent marries or remarries, as the case may be, and in such a case the allowance shall cease as and from the date of marriage or remarriage, as the case may be.

159 Rate of allowance and increases for child dependants.

[1990, s. 12(1)]

159.—(1) The rate (in this section referred to as “the scheduled rate”) of lone parent's allowance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the beneficiary.

[1990, s. 12(1)]

(2) A lone parent's allowance shall be payable where—

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

(b) such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the allowance would be payable is less than £2, the allowance shall not be payable.

[1992, s. 43]

(3) The weekly rate of lone parent's allowance shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule where the person entitled to the allowance has attained pensionable age and is living alone, and

(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the person entitled to the allowance has attained the age of 80 years.

160 Disqualification.

[1990, s. 12(1)]

160.—A lone parent shall not, if and so long as he and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of an allowance.

161 Prisoners' spouses.

[1990, s. 12(1)]

161.—In the case of a person who qualifies for an allowance by virtue of being a prisoner's spouse, such 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.

162 Regulations.

[1990, s. 12(1)]

162.—The Minister shall make regulations in relation to lone parent's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing specify the circumstances in which, for the purposes of this Chapter—

(a) a person is to be regarded as being a separated spouse, and

(b) a person is to be regarded as being an unmarried person.

CHAPTER 10 Carer's Allowance

163 Interpretation.

[1990, s. 17; 1992, s. 36]

163.—(1) Subject to this Act, in this Chapter—

“carer” means a person who resides with and provides full-time care and attention to a relevant pensioner;

“prescribed relative” means a prescribed relative within the meaning of the Social Welfare (Prescribed Relative Allowance) Regulations, 1989 (S.I. No. 361 of 1989);

“prescribed relative allowance” means an increase for a prescribed relative under section 50(11), 51(2)(a), 81(3), 86(3), 91(3), 95(2), 103(2), 162(1)(a) or 179(a) of the Social Welfare (Consolidation) Act, 1981 or under regulations applying the provisions of section 179(a) of that Act;

“relevant pensioner” means a person (other than a person in receipt of a payment in respect of need for constant attendance under section 57) who is so incapacitated as to require full-time care and attention, and who—

(a) is in receipt of—

(i) old age (contributory) pension,

(ii) invalidity pension,

(iii) old age (non-contributory) pension,

(iv) blind pension,

(v) disabled person's maintenance allowance, or

(vi) a payment corresponding to a pension referred to in subparagraph (i) to a person who has attained pensionable age, or in subparagraph (ii) from another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, or

(b) is in receipt of a retirement pension or who has attained the age of 65 years and is in receipt of a payment corresponding to a retirement pension from another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, where such person was, immediately prior to the receipt of such pension, in receipt of invalidity pension or a payment corresponding to an invalidity pension from another Member State or under such a reciprocal arrangement, or

(i) death benefit by way of widow's or widower's pension,

(ii) death benefit by way of parent's pension,

(iii) retirement pension,

(iv) widow's (contributory) pension,

(v) deserted wife's benefit,

(vi) widow's (non-contributory) pension,

(vii) deserted wife's allowance,

(viii) prisoner's wife's allowance,

(ix) lone parent's allowance, or

(x) a payment corresponding to a pension referred to in subparagraph (i), (ii), (iii) or (iv) from another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238;

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

[1990, s. 17]

(2) For the purposes of this Chapter, means shall be calculated in accordance with the Rules contained in Part II of the Third Schedule.

[1991, s. 8(1)(b)]

(3) For the purposes of subsection (1), a relevant pensioner shall be regarded as requiring full-time care and attention where—

(a) he is so disabled or invalided that he requires from another person—

(i) continual supervision in order to avoid danger to himself, or

(ii) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, and

(b) he is so disabled or invalided as to be likely to require full-time care and attention for a period of at least 12 months.

164 Entitlement to allowance.

[1990, s. 17; 1993, s. 38(2)]

164.—Subject to this Act, an allowance (in this Act referred to as “carer's allowance”) shall, in such circumstances and subject to such conditions as may be prescribed, be payable to a carer.

165 Rate of allowance.

[1990, s. 17]

165.—(1) The rate, (in this Chapter referred to as “the scheduled rate”) of carer's allowance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the beneficiary.

[1990, s. 17]

(2) A carer's allowance shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £2, at the scheduled rate, and

(b) such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the carer's allowance would be payable is less than £2, the allowance shall not be payable.

[1991, s. 8(2)]

(3) Notwithstanding subsection (2), where, immediately before the 1st day of November, 1990, a prescribed relative allowance was being paid to or in respect of a claimant for a carer's allowance, the carer's allowance shall be paid at a weekly rate corresponding to the rate of prescribed relative allowance specified in column (5) of Part I of the Fourth Schedule, unless the weekly rate of carer's allowance as calculated in accordance with subsection (2) payable to that claimant is greater than the said specified rate, in which case the greater amount shall be paid.

[1990, s. 17]

(4) Any increase in carer's allowance payable pursuant to subsection (1) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at one-half of the appropriate amount.

166 Payment of allowance.

[1990, s. 17]

166.—Notwithstanding the provisions of this Chapter, only one carer's allowance shall be payable to a carer, and only one carer's allowance shall be payable in respect of the full-time care and attention being provided to a relevant pensioner.

167 Prescribed relative allowance.

[1981, ss. 50, 51, 81, 86, 91, 95, 103, 162, 179, 195, 196, 198K; 1981AM, s. 14(1); 1982, s. 7; 1990, s. 17]

167.—(1) A prescribed relative allowance which, by virtue of the provisions of the Social Welfare (Consolidation) Act, 1981, and regulations made under or applying the provisions of that Act, is payable immediately before the commencement of this Act shall, subject to section 168, continue to be paid at the rate set down in column (6) of Part I of the second Schedule or column (5) of Part I of the Fourth Schedule, as appropriate, for as long as—

(a) the beneficiary remains so incapacitated as to require full-time care and attention,

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

(c) the conditions contained in the Social Welfare (Prescribed Relative Allowance) Regulations, 1989 (S.I. No. 361 of 1989), continue to be fulfilled.

(2) The Social Welfare (Prescribed Relative Allowance) Regulations, 1989, (S.I. No. 361 of 1989), shall continue to have effect for the purposes of this section.

168 Entitlement to prescribed relative allowance.

[1990, s. 17]

168.—(1) A prescribed relative allowance shall cease to be paid to a relevant pensioner or prescribed relative, as the case may be, where the prescribed relative becomes entitled to and receives a carer's allowance.

[1990, s. 17]

(2) Notwithstanding anything contained in this Act, a prescribed relative allowance shall not be paid where a claim for such allowance is made on or after the 1st day of November, 1990.

169 Regulations.

[1990, s. 17]

169.—(1) The Minister shall make regulations for the purpose of giving effect to this Chapter.

[1990, s. 17; 1991, s. 8(3)]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)—

(a) provide for amounts paid in respect of prescribed relative allowance on or after the 1st day of November, 1990 to be treated as payment on account of carer's allowance,

(b) provide for—

(i) entitling to carer's allowance such class or classes of person as may be prescribed who would be entitled thereto but for the fact that the conditions as to means as calculated in accordance with the Rules contained in Part II of the Third Schedule are not satisfied, or

(ii) entitling to carer's allowance at a rate higher than that calculated in accordance with subsection (2) of section 165 such class or classes of person as may be prescribed,

and the rate of allowance so payable may vary in accordance with the claimant's means.

CHAPTER 11 Supplementary Welfare Allowance

170 Interpretation.

[1981, s. 199; 1985 (No. 2), s. 16; 1993, s. 39(6)]

170.—In this Chapter—

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

“adult dependant” means—

(a) the spouse of the beneficiary who is being wholly or mainly maintained by him, or

(b) a person over the age of 16 years being wholly or mainly maintained by the beneficiary and having the care of one or more than one qualified child who normally resides with the beneficiary where the beneficiary is—

(i) a single person,

(ii) a widow,

(iii) a widower, or

(iv) a married person who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, such married person's spouse;

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

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

171 Entitlement to supplementary welfare allowance.

[1981, s. 200; 1993, s. 38(2)]

171.—Subject to this Act, 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.

172 Exclusion of persons receiving full-time education.

[1993, s. 14(3)]

172.—(1) A person shall not be entitled to receive supplementary welfare allowance while attending a course of study within the meaning of section 126.

[1981, s. 201(2)]

(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.

[1981, s. 201(3)]

(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.

173 Exclusion of persons in full-time employment.

[1981, s. 202(1)]

173.—(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.

[1981, s. 202(2)]

(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.

[1981, s. 202(3)]

(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.

174 Persons affected by trade disputes.

[1981, s. 203(1)]

174.—(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.

[1987 (No. 2), s. 13(3)]

(2) Subsection (1) shall not apply to any person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

[1981, s. 203(3)]

(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.

175 Administration. [1981, s. 204(1)]

175.—(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.

[1981, s. 204(2)]

(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.

[1981, s. 204(3)]

(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.

176 Conditions for grant of supplementary welfare allowance.

[1981, s. 206]

176.—A health board may, subject to regulations made by the Minister under section 188, 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.

177 Calculation of supplementary welfare allowance.

[1981, ss. 207 (1), 210(1)]

177.—(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 179, be taken to be—

(i) in the case of a person who has no means, the amount calculated in accordance with section 178, or

(ii) in the case of a person who has means, the amount calculated in accordance with section 178 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 for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with the Rules contained in Part III of the Third Schedule.

[1981, s. 207(2); 1991, s. 45(1)]

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

(a) where—

(i) a husband and wife, or

(ii) a man and woman who are not married to each other but are cohabiting as 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 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 indetermining the entitlement of any other person to supplementary welfare allowance, only such other person shall be entitled to an allowance.

178 Weekly amounts of supplementary welfare allowance for persons of no means.

178.—(1) In the case of a person who has no means as determined by this Chapter and subject to any payment pursuant to section 179, 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—

[1981, s. 208(1); 1982, s. 3(5)(a)]

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

(b) the appropriate amount set out in column (4) of that Part in respect of each child dependant.

[1982, s. 3(5)(b)]

(2) For the purposes of this section, the definition of adult dependant in section 170 and column (4) of Part I of the Fourth Schedule shall be construed as if “child dependant” were substituted for “qualified child”.

179 Additions to weekly amount of supplementary welfare allowance and other income.

[1981, s. 209(1)]

179.—(1) Where the weekly amount of supplementary welfare allowance, if any, payable to a person pursuant to section 177, 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.

[1981, s. 209(2)]

(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.

[1981, s. 209(3)]

(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.

180 Allowances in kind.

[1981, s. 211(1)]

180.—(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.

[1981, s. 211(2)]

(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.

[1981, s. 211(3)]

(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.

181 Power to make single payment for exceptional need.

[1981, s. 212]

181.—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.

182 Grant of supplementary welfare allowance in cases of urgency.

[1981, s. 213(1)]

182.—(1) Nothing in section 172, 173 or 174 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 176 to 179 and Part III of the Third Schedule or in any regulations made under this Chapter which appears to it inappropriate in the circumstances of the case.

[1981, s. 213(2)]

(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.

183 Supplementary welfare allowance granted to persons in receipt of certain health board payments.

[1990, s. 38]

183.—Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person and disabled person's maintenance allowance or infectious diseases maintenance allowance, including any increase thereof, subsequently becomes payable to or in respect of that person in respect of the period (or part thereof) for which supplementary welfare allowance was paid, and

(b) such supplementary welfare allowance is in excess of the amount which would have been granted to or in respect of such person if either of the said allowances, including any increase thereof, had been paid during such period,

such excess supplementary welfare allowance shall be treated as payment on account of the said allowances.

184 Recoupment of supplementary welfare allowance.

[1992, s. 46]

184.—Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person who, though entitled to any other benefit, pension, assistance, allowance or supplement under this Act (in this section referred to as “relevant payment”), is not in receipt of such relevant payment, and

(b) such supplementary welfare allowance is in excess of the amount which would have been granted to that person if he had been in receipt of such relevant payment, and

(c) the health board has certified to the Minister the amount (in this section referred to as “the excess”) so paid in excess in respect of the said period by such health board,

the Minister may reduce any such benefit, pension, assistance, allowance or supplement, which is or may become payable to such person during the relevant continuous period of entitlement to the said benefit, pension, assistance, allowance or supplement, by the amount of the excess and such amount shall be treated as having been paid on account of the relevant payment.

185 Arrangements for burials.

[1981, s. 216(1)]

185.—(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.

[1981, s. 216(2)]

(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.

[1981, s. 216(3)]

(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.

[1981, s. 216(4)]

(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.

186 Estimates of income and expenditure in respect of supplementary welfare allowance.

[1981, s. 217]

186.—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.

187 Financing of health board expenditure.

[1981, s. 218(1)]

187.—(1) Every local authority which, immediately before the 1st day of 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 the 31st day of 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 the 31st day of 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 the 31st day of December, 1975, bears to the total expenditure by all local authorities on such assistance in that year.

[1981, s. 218(1)]

(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.

[1981, s. 218(3)]

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

[1981, s. 218(4)]

(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.

[1981, s. 218(5)]

(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 186.

[1981, s. 218(6)]

(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.

[1981, s. 218(7)]

(7) References to supplementary welfare allowance in this section shall be construed as including reference to the cost of burials pursuant to section 185.

[1983, s. 15(a)]

(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 and costs of administration of that allowance as is not met by income under this section.

[1986, s. 18(2)(a)]

(9) Notwithstanding any other provision of this section—

(a) the total amount to be paid under subsection (1) by all local authorities referred to in that subsection in respect of each of the years ending on the 31st day of December, 1981, the 31st day of December, 1982, the 31st day of December, 1983, the 31st day of December, 1984, and the 31st day of December, 1985, and in respect of no other year, shall be such amount as may be prescribed for each such year by the Minister, after consultation with the Minister for the Environment, and the proportion of those amounts payable by each such local authority in respect of each such year shall be that which the total expenditure on home assistance in the year ending on the 31st day of December, 1975, bears to the total expenditure by all local authorities referred to in subsection (1) on home assistance in that year;

(b) the amount payable under subsection (3) by a local authority referred to in that subsection in respect of each of the years ending on the 31st day of December, 1982, the 31st day of December, 1983, the 31st day of December, 1984, and the 31st day of December, 1985, and in respect of no other year shall not exceed such amount as may be prescribed for that year by the Minister, after consultation with the Minister for the Environment and with the consent of the Minister for Finance.

[1986, s. 18(2)(b)]

(10) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards to defray all expenditure (including the costs of administration) of those boards on supplementary welfare allowance in the year ending on the 31st day of December, 1986, and in each year thereafter, and, accordingly, so much of the preceding subsections of this section, other than subsection (9), as refer to the financing of health board expenditure on supplementary welfare allowance shall, on or after the 27th day of March, 1986, cease to have effect.

188 Regulations.

[1981, s. 219(1)]

188.—(1) The Minister may make regulations for any purpose in relation to which regulations are provided for by any of the provisions of this Chapter.

[1981, s. 219(2)]

(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.

189 Transfer of certain property.

[1981, s. 220(1)]

189.—(1) All property transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975, to a health board and which, immediately before the 1st day of 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.

[1981, s. 220(2)]

(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.

[1981, s. 220(3)]

(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 the 1st day of 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.

190 Transfer of certain officers and enforceability of contracts.

[1981, s. 221(1)]

190.—(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.

[1981, s. 221(2)]

(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 was in force immediately before the 24th day of February, 1981,

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.

[1981, s. 221(3)]

(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.

191 Transitional provisions.

[1981, s. 222(1)]

191.—(1) The Minister may by regulations make, in respect of any statute, order or regulation in force on the 1st day of 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.

[1981, s. 222(2)]

(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 the 1st day of July, 1977.

[1981, s. 222(3)]

(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 189 is payable to a health board may be brought and maintained by the health board.

PART IV CHILD BENEFIT

192 Qualified child.

[1983, s. 12(1); 1986, s. 17(1); 1991, s. 6(2)]

192.—(1) A child shall be a qualified child (in this Part referred to as “a qualified child”) for the purposes of child benefit 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 education, the circumstances of which shall be specified in regulations, or

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

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

[1981, s. 223(2); 1984, s. 10]

(2) Notwithstanding subsection (1), a child who resides with a qualified person while such person (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.

193 Qualified person.

[1981, s. 224(1); 1986, s. 17(1)]

193.—(1) A person with whom a qualified child normally resides shall be qualified for child benefit in respect of that child and is in this Part referred to as “a qualified person”.

[1981, s. 224(2)]

(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

(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.

194 Amounts of child benefit.

[1991, s. 5(1); 1993, s. 38(1)]

194.—(1) Subject to this Act, a person who is qualified for child benefit shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly benefit of the amount set out in column (1) of Part III of the Fourth Schedule in respect of each of the first 3 qualified children and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of 3.

[1981, s. 225(2); 1986, s. 17(1)]

(2) Notwithstanding anything in this Part, the monthly benefit payable to a qualified person in respect of a qualified child whose birth was part of a multiple birth of 3 or more children of whom not less than 3 remain qualified shall be double the benefit that would have been payable if this subsection had not been enacted.

[1993, s. 5(3)]

(3) Subject to this Act, a person who is qualified for child benefit shall be paid a grant in accordance with subsection (4) in respect of 2 or more qualified children where the birth of each child was part of the same multiple birth.

[1993, s. 5(3)]

(4) The amount of the grant payable in accordance with subsection (3) shall be £200 if the qualified children are 2 in number, £300 where they are 3 in number and £400 if they exceed 3 in number.

[1993, s. 5(4)]

(5) Subsection (3) of this section shall apply in the case of any multiple birth occurring on or after the 1st day of July, 1993.

[1981, s. 225(4)]

(6) 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.

[1981, s. 225(5); 1986, s. 17(1)]

(7) Payment of a grant under subsection (3) shall be in addition to any child benefit payable by way of a monthly benefit under this Part in respect of the children concerned.

195 Exclusion of child benefit for superannuation or pension purposes. [1981, s. 228; 1986, s. 17]

195.—Income from child benefit shall not be reckoned for the purpose of any abatement provisions in any enactment relating to superannuation or pensions.

196 Payments to persons absent from State. [1981, s. 230(4); 1986, s. 17(1)]

196.—Where a qualified person is for the time being absent from the State, an application on his behalf in respect of child benefit may be accepted from such person as the Minister thinks fit.

PART V FAMILY INCOME SUPPLEMENT

197 Interpretation.

[1991, s. 47(1)]

197.—In this Part—

“child”, in relation to a family, means a qualified child as defined in section 2(3) who normally resides with that family;

“couple” means a married couple or a man and woman who are not married to each other but are cohabiting as husband and wife;

“family” means—

(a) a person who is engaged in remunerative full-time employment as an employee,

(b) where such person is one of a couple living with or wholly or mainly maintaining his or her spouse, that spouse, and

“family income supplement” shall be construed in accordance with section 198;

“spouse” means each person of a couple in relation to each other;

“weekly family income” means, subject to regulations under section 202, the amount of income received in a week by a family, less any income of a person who in respect of that family is a child.

198 Entitlement to supplement.

[1993, s. 7(1)]

198.—Subject to this Act, an allowance (in this Part referred to as “family income supplement”) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—

(a) in the case of a family which includes only 1 child, £175,

(b) in the case of a family which includes 2 children, £195,

(d) in the case of a family which includes 4 children, £235,

(e) in the case of a family which includes 5 children, £260,

(f) in the case of a family which includes 6 children, £280,

(g) in the case of a family which includes 7 children, £297, or

(h) in the case of a family which includes 8 or more children, £314.

199 Rate of supplement.

[1991, s. 7(1)]

199.—(1) Subject to this Part, the weekly rate of family income supplement shall be 60 per cent. of the amount by which the weekly family income is less than the amount appropriate in the particular case under section 198.

[1991, s. 7(1)]

(2) In calculating the weekly rate of family income supplement pursuant to subsection (1), any fraction of £1 shall be treated as £1 and where the weekly rate so calculated is below a prescribed amount, the supplement shall be payable at the prescribed amount.

200 Period of payment.

[1984, s. 13]

200.—(1) Family income supplement shall be payable for a period of 52 weeks (or such other period as may be prescribed) beginning on the date on which it is receivable in accordance with regulations and, except where regulations otherwise provide, the weekly rate of family income supplement payable shall not be affected by any change of circumstances during that period.

[1984, s. 13]

(2) Where family income supplement is payable in respect of a particular family for any period, no person who was included in that family at the beginning of such period shall be regarded as a member of any other family during that period.

201 Person to whom supplement is payable.

[1984, s. 13]

201.—Family income supplement shall be payable to the member of the family (other than a child) who is engaged in remunerative full-time employment as an employee or, where there are 2 members of the family so engaged, to the member whose weekly income as calculated for the purposes of family income supplement forms the greater part of the weekly family income as so calculated.

202 Regulations.

[1984, s. 13]

202.—(1) The Minister may make regulations for the purpose of giving effect to this Part.

[1984, s. 13]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)—

(a) provide for the manner of calculation or estimation of weekly family income;

(b) provide, in calculating or estimating weekly family income, for the disregarding in whole or in part of any amount of that income from any source specified in the regulations;

(c) determine the circumstances in which a person shall be regarded as being engaged in remunerative full-time employment as an employee;

(d) require employers to furnish such information as the Minister may require for the purpose of determining a claim for family income supplement.

[1992, s. 39]

(3) The Minister may by regulations vary—

(a) the amounts specified in section 198, and

(b) the percentage rate specified in section 199(1),

but any such variation shall not reduce the amounts or the percentage rate applicable immediately before the commencement of such regulations.

203 Receipt of claims.

[1992, s. 50(1)]

203.—(1) Regulations may provide for treating a claim for family income supplement as having been made on a date earlier than the date on which it is received, where it appears to the Minister that the claimant would have satisfied the conditions for entitlement to family income supplement during that period, but for the receipt by that person of unemployment benefit or unemployment assistance.

[1992, s. 50(1)]

(2) Where—

(a) in respect of any period any unemployment benefit or unemployment assistance has been paid to or in respect of a person who, though entitled to family income supplement by virtue of subsection (1), is not in receipt of such supplement, and

(b) such benefit or assistance is in excess of the amount which would have been granted to that person if he had been in receipt of family income supplement,

the Minister may reduce any such supplement which is or may become payable to such person by the amount of the excess and such amount shall be treated as having been paid on account of the family income supplement.

Preliminary

204 Definitions.

[1993, s. 27]

204.—Except where otherwise provided, in this Part—

“benefit” means—

(a) any benefit described in section 30(1),

(b) any assistance described in section 118(1),

(d) family income supplement.

CHAPTER 1 Claims and Payments

205 Claims.

[1993, s. 27]

205.—(1) It shall be a condition of any person's right to any benefit that he makes a claim therefor in the prescribed manner.

[1993, s. 27]

(2) Regulations may provide for disqualifying a person for the receipt of any benefit if he fails to make his claim for such benefit within the prescribed time, but any such regulations may provide for extending, subject to such conditions as may be prescribed, the time within which the claim may be made.

[1993, s. 27]

(3) Regulations may provide for provisionally allowing a claim for benefit before the date on which the claimant will actually become entitled to such benefit, in such manner and subject to such conditions as may be prescribed.

[1993, s. 27]

(4) For the purposes of this Act, any claim or notice made or sent by post or by any other method shall be deemed to have been made or given on the date of receipt of such claim or notice by an officer of the Minister.

206 Payments.

[1993, s. 27]

206.—(1) Regulations may provide for—

(a) the time and manner of payment of benefit,

(b) the information and evidence to be furnished by a claimant or beneficiary when applying for payment of benefit, and

[1993, s. 27]

(2) Regulations made under this section as to the time of payment of benefit may provide—

(a) notwithstanding anything contained in this Act—

(i) in the case of specified benefits (other than child benefit), for adjusting the commencement and termination of such benefit, or for changes in the rate of such benefit, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week,

(ii) in the case of child benefit, for adjusting the commencement and termination of such benefit, or for changes in the rate of such benefit, so that payments shall not be made at different rates for different parts of a month,

(b) for extinguishing the right to any sum payable by way of benefit where payment thereof is not obtained within 6 months or such shorter period as may be prescribed from the time at which that sum is receivable in accordance with regulations.

207 Payment to persons other than claimant or beneficiary.

[1993, s. 27]

207.—(1) Regulations may provide—

(a) for enabling a person to whom benefit is payable to nominate another person to receive that benefit on his behalf,

(b) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who is under 16 years of age or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under this Act and for authorising a person so appointed to receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary,

(c) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary—

(i) in respect of disability benefit, unemployment benefit, injury benefit, old age (contributory) pension, retirement pension, invalidity pension, unemployment assistance, pre-retirement allowance, old age (non-contributory) pension or blind pension, so much of the benefit, pension, assistance or allowance, as the Minister considers reasonable in the circumstances:

Provided that in no case shall the amount to be received and dealt with as aforesaid exceed the total amount payable less the amount payable by virtue of section 34(1), 45(1), 55(1), 87(1), 91(1), 99(1), 121(1)(b)(i), 128(1)(a) or 137(a), as appropriate,

(ii) in respect of widow's (contributory) pension or deserted wife's benefit, so much of the pension or benefit as is payable by virtue of section 105(1) or 113(1), as appropriate, or in respect of lone parent's allowance, so much of the allowance as is payable in respect of a qualified child by virtue of section 159(1),

(iii) in respect of disablement pension, child benefit or family income supplement, so much of the pension, benefit or supplement as the Minister considers reasonable in the circumstances,

(d) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in his name, subject to such conditions as may be prescribed.

[1993, s. 27]

(2) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing benefit, and that in any such case the 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.

208 Statutory declarations.

[1993, s. 27]

208.—Regulations prescribing a form of application for any purpose may require that all or any of the statements made by the claimant in such form be verified by a statutory declaration and that such statutory declaration may be taken and received by a deciding officer or by any other officer of the Minister or such other person authorised by the Minister in that behalf.

CHAPTER 2 Provisions Relating to Entitlement

209 Overlapping provisions.

[1991, s. 43(1)]

209.—(1) Where, but for this subsection, more than one of the following would be payable to or in respect of a person in respect of the same period, only one shall be paid—

(a) any benefit specified in section 30(1) other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant,

(b) any assistance specified in section 118(1) other than supplementary welfare allowance,

(d) infectious diseases maintenance allowance.

[1991, s. 43(1)]

(2) Where, but for this subsection, more than one of the following would be payable to or in respect of a qualified child in respect of the same period, only one shall be paid—

(a) any benefit specified in section 30(1) other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant,

(b) any assistance specified in section 118(1) other than supplementary welfare allowance,

(d) infectious diseases maintenance allowance,

(e) any increase in the said benefit in respect of an adult dependant,

(f) any increase in the said assistance in respect of an adult dependant,

(g) any increase in the said benefit in respect of a qualified child, or

(h) any increase in the said assistance in respect of a qualified child.

[1991, s. 43(1)]

(3) For the purposes of this section—

(a) an increase of disabled person's maintenance allowance or an increase of infectious diseases maintenance allowance, may be regarded as a separate payment, and

(b) any payment specified in paragraph (a), (b), (c) or (d) of subsection (1) payable in respect of a person may be regarded as such specified payment payable to that person.

[1991, s. 43(1)]

(4) Notwithstanding subsections (1) and (2), the Minister may make regulations enabling more than one of the payments specified in those subsections to be paid to or in respect of a person in respect of the same period.

[1991, s. 43(1)]

(5) Regulations made under subsection (4) may provide for reducing the amount of any payments specified in subsections (1) and (2) (including the partial payment thereof).

[1992, s. 50(2)]

(6) Where, but for this subsection, family income supplement and—

(a) unemployment benefit,

(b) retirement pension,

(d) pre-retirement allowance,

would be payable to or in respect of a person in respect of the same period, only one shall be paid.

[1991, s. 43(1)]

(7) Where, but for this subsection, family income supplement would be payable to a person in a period of incapacity for work in respect of which disability benefit or injury benefit is also payable to that person, family income supplement shall not be payable to that person for that part of the period of incapacity for work which exceeds 6 weeks.

[1991, s. 43(1)]

(8) Where in respect of the death of a person, a death grant and death benefit by way of a grant in respect of funeral expenses would, but for this subsection, be payable, only one such grant shall be payable.

[1991, s. 43(1)]

(9) Regulations may provide for treating any payment specified in subsection (1) or (2), which it is subsequently decided was not payable, as paid on account of any other payment specified in those subsections which it is decided was payable.

210 Payments after death.

[1981, s. 125 (1); 1991, s. 9(1)(a)]

210.—(1) In this section—

“benefit” means—

(a) disability benefit,

(b) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate),

(d) old age (contributory) pension,

(e) retirement pension,

(f) invalidity pension,

(g) unemployment assistance,

(h) old age (non-contributory) pension and blind pension,

(i) unemployability supplement,

(j) supplementary welfare allowance,

(k) pre-retirement allowance,

(l) widow's (contributory) pension,

(m) lone parent's allowance,

(n) deserted wife's benefit,

(o) death benefit under section 60,

(p) carer's allowance;

[1991, s. 9(1)(b)]

“relevant pensioner” has the meaning assigned to it by section 163(1).

[1991, s. 9(1)(b); 1993, ss. 10, 38(4)]

(2) Notwithstanding any provisions to the contrary in this Act—

(a) where a person who is in receipt of a benefit specified in paragraphs (a) to (k) of subsection (1) which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by that person's spouse of an old age (non-contributory) pension, a blind pension or a carer's allowance in his own right, dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall, during that period, be made to such person and subject to such conditions as may be prescribed, and

(b) where a qualified child, in respect of whom an increase of a benefit is being paid, dies, the amount of such increase shall continue to be made for a period of 6 weeks after the date of death, and

(c) where an adult dependant in respect of whom an increase of a benefit specified in paragraph (a), (b), (c), (g) or (j) of subsection (1) is being paid, or in respect of whom such an increase would be payable but for the receipt by the adult dependant of an old age (non-contributory) pension or a blind pension in his own right, dies, payment of such increase shall continue to be made for a period of 6 weeks after the date of death, and

(d) subject to paragraph (a), where a person is in receipt of carer's allowance and the relevant pensioner in respect of whom that carer is providing full-time care and attention dies and the carer is not the spouse of that pensioner, payment of the carer's allowance shall continue to be made for a period of 6 weeks after the death of the relevant pensioner, and

(e) subject to paragraph (a), where a person is in receipt of a carer's allowance and the relevant pensioner in respect of whom that carer is providing full-time care and attention, dies, and the carer is the spouse of that pensioner, any benefit payable under paragraph (a) shall include an increase in respect of an adult dependant provided that the person in receipt of the carer's allowance would otherwise have qualified as an adult dependant but for the fact that he was in receipt of the said allowance, and

(f) in any case where payment is made by virtue of paragraph (a) or (c), entitlement to widow's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, survivor's benefit, death benefit under section 60 or 62 or entitlement to lone parent's allowance by virtue of being a widow or widower, shall not commence until after the expiration of the period of 6 weeks mentioned in paragraph (a) or (c) except and to the extent that regulations otherwise provide.

[1981, s. 158(2)]

(3) Subject to this section, payment of old age (non-contributory) pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an increase under section 137 (a).

211 Absence from State or imprisonment.

211.—(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit under Part II (including any increase thereof) for any period during which that person—

[1981, s. 129 (1)]

(a) is absent from the State, or

(b) is undergoing penal servitude, imprisonment or detention in legal custody.

[1981, s. 129 (2)]

(2) Except where regulations otherwise provide, if any benefit to which a person is entitled includes an increase under section 34(1), 45(1), 55(1), 87(1), 91(1) or 99(1) in respect of the husband or wife of such person, the increase shall not be payable for any period during which the husband or wife—

(a) is absent from the State, or

(b) is undergoing penal servitude, imprisonment or detention in legal custody.

[1981, s. 129 (3)]

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

[1981, s. 129 (4)]

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

[1981, s. 129 (5)]

(5) Regulations for the purposes of this section may be so framed as to make payment of death grant, invalidity pension and retirement pension subject to any specified conditions, limitations or restrictions and, in particular, in the case of persons absent from the State, may modify the periods which may be regarded for the purposes of section 88 as periods of retirement.

[1992, s. 27(1); S.I. No. 76 of 1990, A.17]

(6) A person shall be disqualified for receiving unemployment assistance or pre-retirement allowance while he is—

(a) resident, whether temporarily or permanently, outside the State, or

(b) undergoing penal servitude, imprisonment or detention in legal custody.

[1981, s. 163 (1)(a); 1981AM, s. 8]

(7) Subject to subsection (8), a sum shall not be paid on account of an old age (non-contributory) pension or blind pension to any person while absent from the State.

[1981, s. 163(2)]

(8) Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of such residence, in receipt of old age (non-contributory) pension or blind pension, payment of the pension may, notwithstanding anything contained in subsection (7) be made until either—

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

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

whichever should first occur.

[1981, s. 163(3)]

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

[1981, s. 180(1); 1990, s. 12(1); S.I. No. 272 of 1990, A.30(1)]

(10) Except where regulations otherwise provide, a person shall be disqualified for receiving widow's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance or lone parent's allowance, (including in the case of lone parent's allowance any increase for a qualified child) for any period during which he is undergoing penal servitude, imprisonment or detention in legal custody.

[1981, s. 180(2) S.I. No. 272 of 1990, A.30(1)]

(11) Regulations may provide for the suspension of payment of pension or allowance, as the case may be, to or in respect of any beneficiary during any such period as is mentioned in subsection (10) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

[S.I. No. 272 of 1990, A.30(1)]

(12) Notwithstanding a disqualification by virtue of subsection (10) for receiving a lone parent's allowance, an increase in respect of a qualified child, shall, in such cases as may be prescribed, be paid to the prescribed person.

[1981, s. 186(1), (12)]

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

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

(ii) 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.

[1981, s. 186(2)]

(b) Nothing contained in paragraph (a) shall operate to prevent, in the case of a person resident for any period outside that State—

(i) 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

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

(iii) 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.

[S.I. No. 272 of 1990, A.30(1)]

(14) A person shall be disqualified for receiving lone parent's allowance, deserted wife's allowance and prisoner's wife's allowance while he is resident whether temporarily or permanently, outside the State.

[1981, s. 230(5); 1986, s. 17(1)]

(15) Child benefit shall be paid only within the State.

[1993, s. 27]

212.—(1) The Minister may appoint such and so many of his officers as he thinks proper to be social welfare inspectors for the purposes of such provisions of Parts II, III, IV, V, IX and this Part as he may determine in the case of such appointments.

[1993, s. 27]

(2) Every social welfare inspector shall investigate and report to the Minister upon any claim for or in respect of benefit and any question arising on or in relation to such benefit which may be referred to him by the Minister, and may, for the purpose of such investigation and report require—

(a) a claimant or a beneficiary,

(b) the spouse or any employer of the claimant or beneficiary,

(d) a person liable to contribute under section 286(1) or any employer of any such person, and

(e) the personal representative of a person who was at any time in receipt of any benefit,

to furnish him with such information and to produce to him such documents, within such period as may be prescribed, as he may reasonably require.

[1993, s. 27]

(3) A social welfare inspector shall, for the purposes of Parts II, III, IV, V, IX and this Part, have power to do all or any of the following—

(a) to enter, without prior notification, at all reasonable times any premises or place liable to inspection under this section,

(b) to make such examination and enquiry as may be necessary for ascertaining whether the provisions of Part II, III, IV, V, IX or this Part are being or have been complied with in any such premises or place,

(c) to examine either alone or in the presence of any other person, as he thinks fit, in relation to any matters on which he may reasonably require information for the purposes of Part II, III, IV, V, IX or this Part, every person whom he finds in any such premises or place, or who he has reasonable cause to believe to be or to have been an insured person, and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined,

(d) to exercise such other powers as may be necessary for carrying Parts II, III, IV, V, IX and this Part into effect.

[1993, s. 27]

(4) The occupier of any premises or place liable to inspection under this section, and any other person who is or has been employing—

(a) any person in insurable employment or insurable (occupational injuries) employment, or

(b) any claimant or beneficiary,

and the servants and agents of any such occupier or other person, and any insured person, claimant or beneficiary or person in respect of whom such a benefit is claimed, shall furnish to a social welfare inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare inspector may reasonably require for the purposes of ascertaining whether contributions are or have been payable, or have been duly paid in respect of any person, or whether benefit is or was payable to or in respect of any person.

[1993, s. 27]

(5) Any person who holds a certificate of authorisation under section 17 (as amended by section 28 of the Finance Act, 1992) of the Finance Act, 1970, shall, upon the request of a social welfare inspector, furnish such certificate for inspection by him.

[1993, s. 27]

(6) If any person—

(a) wilfully delays or obstructs a social welfare inspector in the exercise of any duty or power under this section, or

(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this section, or

(c) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a social welfare inspector or any other person appointed under this section,

he shall be guilty of an offence.

[1993, s. 27]

(7) Notwithstanding the preceding provisions of this section, a person shall not be required under this section to give any evidence or answer any question tending to incriminate himself.

[1993, s. 27]

(8) Every social welfare inspector shall be furnished with a certificate of his appointment, and on entering any premises or place for the purposes of Parts II, III, IV, V, IX and this Part shall, if so requested, produce the said certificate.

[1993, s. 27]

(9) The premises or places liable to inspection under this section are any premises or places where a social welfare inspector has reasonable grounds for believing that—

(a) persons are, or have been, employed, or

(b) there are, or have been, self-employed persons,

and any premises or place where a social welfare inspector has reasonable grounds for believing that any documents relating to persons in employment or to self-employed persons are kept.

[1993, s. 27]

(10) Where any premises or place is liable to be inspected by an inspector or by an officer appointed, employed by, or under the control of, another Minister of the Government, the Minister may make arrangements with that other Minister for any of the powers or duties of a social welfare inspector appointed under this section to be vested in the inspector or officer employed by that other Minister and, where such an arrangement is made, such inspector or officer shall have all the powers of a social welfare inspector appointed under this section for the purposes of the inspection.

[1993, s. 27]

(11) Where a person is required by subsection (4) to produce records required pursuant to regulations made under section 14(5), he shall, upon the request of a social welfare inspector, produce such records at his registered address or his principal place of business.

[1993, s. 27]

(12) A person who fails to comply with a request to produce records under subsection (11) within 21 days following the issue of such request in writing sent by registered post to him at his registered address or his principal place of business shall be guilty of an offence.

[1993, s. 27]

(13) Records of persons employed which an employer is obliged to maintain under regulations made under section 14(5) which are produced to a social welfare inspector shall be prima facie evidence that those persons were employed by that employer and of the earnings of such persons and of the periods during which such persons were employed by him.

[1993, s. 27]

(14) Where an employer issues to an employee a statement containing the particulars specified in section 9 of the Minimum Notice and Terms of Employment Act, 1973, he shall retain a copy of such statement for a period of 2 years from the date on which that statement was issued and shall furnish such copy on demand to a social welfare inspector for inspection under this section.

CHAPTER 4 Offences, Miscellaneous Control Provisions and Proceedings

Offences

213 False statements and offences, including offences relating to bodies corporate.

[1993, s. 27]

213.—(1) If, for the purpose of—

(a) obtaining or establishing entitlement to payment of any benefit for himself or for any other person, or

(b) obtaining or establishing entitlement to payment of any benefit for himself or for any other person which is in excess of that which he was entitled to, or

or for any other purpose connected with this Act, any person—

(i) 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

(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be guilty of an offence.

[1993, s. 27]

(2) An employer or any servant or agent of an employer who aids, abets, counsels or procures an employee in the employment of that employer to commit any offence under subsection (1) shall be guilty of an offence.

[1993, s. 27]

(3) A person convicted of an offence under this section in relation to child benefit shall be disqualified for the receipt of child benefit for the period of 3 months immediately following the date of the conviction.

[1993, s. 27]

(4) Where a person is convicted of an offence under subsection (1) or (2) and by reason of that offence any benefit (other than child benefit) was received by an employee of his which he was not entitled to receive, such person shall be liable to pay to the Minister on demand a sum not exceeding the amount of such benefit which by reason of the said offence was paid to that employee while in his employment and that sum, if not so repaid, may be recovered by the Minister as a debt under statute in any court of competent jurisdiction.

[1993, s. 27]

(5) Notwithstanding the provisions of subsection (5) or any other provisions of this Act under which amounts of benefit (other than child benefit) may be recovered, the amount recovered by the Minister, in any case may not exceed the amount of benefit received by the employee which he was not entitled to receive.

[1993, s. 27]

(6) Regulations under this Act may provide for offences consisting of contraventions of or failures to comply with such regulations and, where such offences are provided for, a person guilty of any such offence shall be liable on summary conviction to the penalties provided for in section 218(1)(a).

[1993, s. 27]

(7) Where an offence under this Act is committed by a body corporate and, in the case of an offence under subsection (1), where the offence is committed by an employee or officer of the body corporate, and is proved to have been so committed with the consent, connivance or approval of or to have been attributable to any wilful neglect on the part of any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

[1993, s. 27]

(8) It shall be a defence to a prosecution for an offence under subsection (7) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.

[1993, s. 27]

(9) Any summons or other document required to be served for the purpose of proceedings under this Act on a body corporate may be served—

(a) by leaving it at or sending it by post to the registered office of the body corporate,

(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or

(c) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.

[1993, s. 33(1)]

(10) Where a person is in receipt of assistance or has made a claim for assistance which has not been finally determined, and his means have increased since the date of latest investigation thereof, or, if no such investigation has taken place, since the date of making the claim, the person shall, within such period as may be prescribed, give or cause to be given to the Minister notification in writing of the increase.

[1993, s. 33(2)]

(11) A person who fails or neglects to comply with the provisions of subsection (10) shall be guilty of an offence.

214 Offences in relation to employment contributions.

[1993, s. 27]

214.—(1) If an employer—

(a) fails to pay at or within a prescribed time any employment contribution which he is liable under Part II to pay,

(b) deducts or attempts to deduct the whole or any part of any employer's contribution in respect of a person from that person's remuneration,

(c) makes a deduction from the remuneration of a person in respect of any employment contribution which the employer is liable under Part II to pay and fails to pay at or within a prescribed time the employment contribution in respect of which the deduction was made, or

[1990, s. 9]

(d) adjusts the method of payment of reckonable earnings to an employed contributor who was employed in consecutive weeks in order to ensure that the employed contributor is exempted in any week from the employment contribution payable under section 10(1) (b)(i) by virtue of section 10(7)(a) and regulations made thereunder,

the employer shall be guilty of an offence.

[1993, s. 27]

(2) An employer, or a servant or agent acting on behalf of such employer, who, for the purpose of evading or reducing the amount of his liability in respect of employment contributions which he is liable to pay under Part II and which he has not paid—

(a) 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) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

shall be guilty of an offence.

[1987 (No. 2), s. 6]

(3) Where records are required to be kept by employers under, regulations made under section 14(5) in so far as they relate to the recording of payment of earnings and the periods to which such earnings refer such records shall be recorded at or before the time of payment of such earnings.

[1993, s. 28(2)]

(4) A person who fails to comply with subsection (3) shall be guilty of an offence.

[1993, s. 27]

(5) A person who is guilty of an offence under this section (other than an offence under subsection (1)(d)) shall be liable—

(a) on summary conviction, to the penalties provided in section 218(1)(a), or

(b) on conviction on indictment, to a fine not exceeding £10,000 or such amount as is equivalent to twice the amount so unpaid or deducted, whichever is the greater, or to imprisonment for a term not exceeding 3 years, or to both.

[1990, s. 9]

(6) A person who is guilty of an offence under subsection (1)(d) shall be liable on summary conviction to a fine not exceeding £1,000 or on conviction on indictment to a fine not exceeding £10,000.

[1993, s. 27]

(7) (a) Where an employer has been convicted under this section of the offence of failing to pay any employment contributions which he is liable under Part II to pay, he shall be liable to pay to the Social Insurance Fund a sum equal to the amount which he has failed to pay and, on such conviction, if notice of the intention to do so has been served with the summons or warrant, evidence may be given of the failure on the part of the employer to pay other employment contributions in respect of the same person during the 3 years preceding the date when the notice was so served, and on proof of such failure the court may order the employer to pay to the Social Insurance Fund a sum equal to the total of all the employment contributions which he is so proved to have failed to pay, and the employer's right of appeal against the conviction under the section shall include a right to appeal against such an order.

(b) Any sum paid by an employer under this subsection shall be treated as a payment in satisfaction of the unpaid employment contributions, and the insured person's portion of those employment contributions shall not be recoverable by the employer from the insured person.

[1993, s. 27]

(8) Nothing in this section or in regulations under this section shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to the Social Insurance Fund.

215 Notification by employer, etc. of commencement of employment.

[1989, s. 19]

215.—(1) The Minister may require—

(a) an employer or any other person to notify him of the date of the commencement of the employment of—

(i) any person in his employment,

(ii) any person engaged by him under a contract for service to perform a service, or

(b) a person engaged under a contract for service to perform a service to notify him of the date on which any person was engaged to perform that service either with him or on his behalf whether under a contract for service or under any other arrangements made or to be made by him.

[1987 (No. 2), s. 2]

(2) The circumstances in which notification may be required under subsection (1) and the manner of that notification shall be prescribed in regulations.

[1993, s. 28(3)]

(3) A person who fails to comply with this section or regulations made hereunder shall be guilty of an offence.

216 Information to be furnished by employers to Minister.

[1993, s. 27]

216.—(1) An employer shall furnish to the Minister in writing in respect of any person who is or was in his employment such particulars, including particulars as to periods of employment, as are required by the Minister to enable determination or review of a claim to any benefit by or in respect of that person.

[1993, s. 27]

(2) Regulations may specify the particulars which an employer shall furnish under subsection (1) and prescribe the manner in which such particulars shall be so furnished.

[1993, s. 27]

(3) A person who fails to comply with this section or regulations made under subsection (2) shall be guilty of an offence.

217 Application of Probation of Offenders Act, 1907.

[1993, s. 27]

217.—Where—

(a) (i) the employer of an employed contributor is charged with an offence in relation to payment of employment contributions in respect of that contributor, or

(ii) a person is charged under this Act with an offence in relation to the receipt of any benefit,

and

(b) the court proposes to make an order under section 1(1) of the Probation of Offenders Act, 1907,

the court shall not make such order until it is satisfied that all arrears in respect of such contributions have been paid by such employer or any amounts due to be repaid in respect of such benefit have been repaid.

218 Penalties.

[1993, s. 28(1)]

218.—(1) Except where otherwise provided for, a person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 3 years, or to both.

(2) Where a person, after conviction of an offence under this Act continues to contravene the provision concerned, he shall be guilty of an offence on every day on which the contravention continues and for each such offence he shall be liable to a fine, on summary conviction, not exceeding £200 or, on conviction on indictment, not exceeding £2,000.

Miscellaneous Control Provisions

219 Failure to keep records.

[1991, s. 29(1)]

219.—(1) Where an employer has failed to keep records under regulations made under section 14(5) or has failed to make a notification under regulations made under section 215 and an employee of the employer receives payment, due wholly or partly by reason of that failure, of disability benefit, unemployment benefit, retirement pension, invalidity pension, unemployment assistance, pre-retirement allowance or family income supplement which he was not entitled to receive in respect of any day on which he was in the employment of the said employer, such employer shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit, pension, assistance, allowance or supplement which was paid to the said employee and that sum, if not repaid by the employee, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

[1991, s. 29(2)]

(2) It shall be presumed until the contrary is proved that any payment aforesaid was made wholly or partly by reason of the employer's failure to keep the said records or to make the said notification referred to in subsection (1).

[1991, s. 29(3)]

(3) Where there is a material difference between any document issued by an employer, his servant or agent to an employee and any other document furnished to the Minister or to the Collector-General and an employee, wholly or partly as a result of that difference, receives benefit or assistance to which he was not entitled, such employer shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit, pension, assistance, allowance or supplement which was paid to the said employee and such sum, if not repaid by the employee, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

[1991, s. 29(4)]

(4) For the purposes of subsection (3) an employee shall include the employee's spouse and any other member of the employee's household whose entitlement to benefit or assistance is regulated or adjusted by the income of the employee.

[1991, s. 29(5)]

(5) Notwithstanding the provisions of subsection (1) or (3) or any other provisions of this Act under which amounts of benefit, assistance or supplement may be recovered, the amount recovered by the Minister in any case may not exceed the amount of benefit, assistance or supplement received by the employee which he was not entitled to receive.

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Social Welfare (Consolidation) Act , 1993

156 Disqualification.

CHAPTER 9 Lone Parent's Allowance

157 Interpretation.

158 Entitlement to allowance.

159 Rate of allowance and increases for child dependants.

160 Disqualification.

161 Prisoners' spouses.

162 Regulations.

CHAPTER 10 Carer's Allowance

163 Interpretation.

164 Entitlement to allowance.

165 Rate of allowance.

166 Payment of allowance.

167 Prescribed relative allowance.

168 Entitlement to prescribed relative allowance.

169 Regulations.

CHAPTER 11 Supplementary Welfare Allowance

170 Interpretation.

171 Entitlement to supplementary welfare allowance.

172 Exclusion of persons receiving full-time education.

173 Exclusion of persons in full-time employment.

174 Persons affected by trade disputes.

175 Administration. [1981, s. 204(1)]

176 Conditions for grant of supplementary welfare allowance.

177 Calculation of supplementary welfare allowance.

178 Weekly amounts of supplementary welfare allowance for persons of no means.

179 Additions to weekly amount of supplementary welfare allowance and other income.

180 Allowances in kind.

181 Power to make single payment for exceptional need.

182 Grant of supplementary welfare allowance in cases of urgency.

183 Supplementary welfare allowance granted to persons in receipt of certain health board payments.

184 Recoupment of supplementary welfare allowance.

185 Arrangements for burials.

186 Estimates of income and expenditure in respect of supplementary welfare allowance.

187 Financing of health board expenditure.

188 Regulations.

189 Transfer of certain property.

190 Transfer of certain officers and enforceability of contracts.

191 Transitional provisions.

PART IV CHILD BENEFIT

192 Qualified child.

193 Qualified person.

194 Amounts of child benefit.

195 Exclusion of child benefit for superannuation or pension purposes. [1981, s. 228; 1986, s. 17]

196 Payments to persons absent from State. [1981, s. 230(4); 1986, s. 17(1)]

PART V FAMILY INCOME SUPPLEMENT

197 Interpretation.

198 Entitlement to supplement.

199 Rate of supplement.

200 Period of payment.

201 Person to whom supplement is payable.

202 Regulations.

203 Receipt of claims.

PART VI GENERAL PROVISIONS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE AND INSURABILITY

204 Definitions.

CHAPTER 1 Claims and Payments

205 Claims.

206 Payments.

207 Payment to persons other than claimant or beneficiary.

208 Statutory declarations.

CHAPTER 2 Provisions Relating to Entitlement

209 Overlapping provisions.

210 Payments after death.

211 Absence from State or imprisonment.

CHAPTER 3 Appointment and Duties of Social Welfare Inspectors

212 Social welfare inspectors.

CHAPTER 4 Offences, Miscellaneous Control Provisions and Proceedings

213 False statements and offences, including offences relating to bodies corporate.

214 Offences in relation to employment contributions.

215 Notification by employer, etc. of commencement of employment.

216 Information to be furnished by employers to Minister.

217 Application of Probation of Offenders Act, 1907.

218 Penalties.

219 Failure to keep records.