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S.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

Type Statutory Instrument

Publication 2007-04-06

Last updated 2026-06-12

State Partially repealed superseded text

Text As published

Source Irish Statute Book

articles 262

These amending acts are not in its history: the source does not say when their effect began (5)

IE-2026-si-397: S.I. No. 397 of 2026, reg. 3 — eISB serves S.I. No. 377/2026 at the URL of S.I. No. 397/2026.
IE-2026-si-397: S.I. No. 397 of 2026, reg. 4(a) — eISB serves S.I. No. 377/2026 at the URL of S.I. No. 397/2026.
IE-2026-si-397: S.I. No. 397 of 2026, reg. 4(b) — eISB serves S.I. No. 377/2026 at the URL of S.I. No. 397/2026.
IE-2012-si-719: S.I. No. 719 of 2012, reg. 2 — The directory cites S.I. No. 719 of 2012, but the 2012 annual index ends at S.I. No. 593 and the official URL returns 404; the citation may be erroneous.
IE-2007-si-148: Reg. 57 amended — S.I. No. 148 of 2007, regs. 2, 4(a); Reg. 144 amended — S.I. No. 148 of 2007, regs. 2, 4(b); Reg. 174(d) substituted — S.I. No. 148 of 2007, regs. 2, 5 — Published 2007-04-04, before this law (2007-04-06); the directory does not state when its effect began.

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

212 amending acts · 2026-06-12, S.I. No. 245/2026 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment…

Reform history JSON API

(a) in the case of State pension (contributory), State pension (transition) and invalidity pension, the period commencing 3 months before and ending 3 months after the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,

(b) in the case of jobseeker’s benefit, jobseeker’s allowance, pre-retirement allowance, State pension (non-contributory), blind pension, carer’s allowance and farm assist, the day in respect of which the claim is made,

(c) in the case of widow’s (contributory) pension, widower’s (contributory) pension, guardian’s payment (contributory), guardian’s payment (non-contributory) and one-parent family payment, the period of 3 months from the day on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,

(d) in the case of illness benefit, the period of 7 days from the day on which the person becomes or again becomes incapable of work,

(e) in the case of disability allowance, the period of 7 days from the day on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,

(f) in the case of maternity benefit, adoptive benefit and health and safety benefit, the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,

(g) in the case of bereavement grant, the period of 3 months from the date of death of the deceased,

(h) in the case of continued payment for qualified children, the period of 13 weeks from the date of commencement of the employment specified in section 234(1)(b),

(i) in the case of carer’s benefit, the period commencing 8 weeks before and ending 8 weeks after the day on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto, and

(j) in the case of respite care grant, the period commencing 8 weeks before the date on which the grant is payable under article 163 and ending on 31 December of the year immediately following the year in which the grant is payable.

Prescribed time for making application to be regarded as a homemaker

183.

(1) Subject to sub-article (2), an application to be regarded as a homemaker for the purposes of section 108(2) shall be made before the end of the contribution year next following the contribution year in which the person commences as a homemaker.

(2) Where a person has commenced as a homemaker on or after 6 April 1994 and not later than 31 December 2006, an application to be regarded as a homemaker shall be made not later than 31 December 2007.

Provisional allowance of claim

184.

(1) In the case of State pension (non-contributory), where it appears to any person that although for the time being he or she is not entitled to the said pension, he or she will nevertheless become entitled to a pension at a future date, he or she may make a claim therefor at any time not more than 3 months before that date.

(2) Where a deciding officer is satisfied that a claimant is likely to be entitled to pension under sub-article (1), he or she may allow the claim provisionally so as to take effect on any future date not later than 3 months from the date of his or her decision.

Payment of claims made more than 12 months after the due date

185.

(1) Notwithstanding the provisions of section 241(2), where a claim in respect of State pension (contributory), State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension or guardian’s payment (contributory) is made by or on behalf of a claimant in respect of any period more than 12 months before the date on which the claim is made, the period in respect of which payment is made under section 241(2) shall be extended where it is shown to the satisfaction of a deciding officer or appeals officer that the person was entitled to the said pension or allowance.

(2) For the purposes of sub-article (1), where the period from the date on which the person establishes entitlement to the date on which the claim was made is a period specified in column (1) of Schedule 15, the period by which payment shall be extended is that shown opposite the aforementioned period in column (2) of the said Schedule.

Payment of certain claims made after due date

186.

(1) Where a claim in respect of any benefit is made in respect of any period which is greater than that allowed under section 241(2), the period in respect of which payment may be made before the date on which the claim is made, shall

(a) be extended, or

(b) further extended in any case to which article 185 applies,

to a period calculated in accordance with this article, where it is shown to the satisfaction of a deciding officer or an appeals officer that the person was entitled to the benefit.

(2) In any case where the delay in making the claim is due to information given by an officer of the Minister to the person or a person appointed to act on his or her behalf, the period for which payment may be made shall be—

(a) the period between the date of claim and the date information was given by an officer of the Minister plus a period equal in duration to that allowed under section 241(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(3) Subject to sub-article (4), in any case where the delay in making the claim was due to a person being so incapacitated that he or she was unable to make a claim or appoint a person to act on his or her behalf, the period for which payment may be made shall be—

(a) the period for which such incapacity continued plus a period equal in duration to that allowed under section 241(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(4) A claim referred to in sub-article (3), shall be made—

(a) where the person ceases to be incapacitated, before or within a period equal in duration to that for which payment is allowed under section 241(2), or

(b) where, at the date of claim, a person continues to be so incapacitated that he or she is unable to make a claim or appoint a person to act on his or her behalf, within the period for which such incapacity continued plus a period equal in duration to that allowed under section 241(2).

(5) Subject to sub-article (6), in any case where the delay in making the claim was due to a person suffering an event which is a force majeure, the period for which payment may be made shall be—

(a) the period for which such force majeure continued plus a period equal in duration to that allowed under section 241(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(6) A claim referred to in sub-article (5), shall be made—

(a) when the event which is a force majeure ceases, before or within a period equal in duration to that for which payment is allowed under section 241(2), or

(b) where, at the date of claim, a person continues to suffer an event which is a force majeure, within the period for which such force majeure continued plus a period equal in duration to that allowed under section 241(2).

(7) In any case where a person has a current level of financial indebtedness which cannot reasonably be financed from—

(a) current income, including payments made or due under this article or article 185, or

(b) the disposal of current assets, or

(i) the date of entitlement, or

(ii) whatever date after the date of entitlement appears appropriate to the deciding officer or appeals officer.

(8) For the purposes of this article “benefit” means—

(a) any benefit specified in section 39(1) (other than jobseeker’s benefit under Chapter 12 of Part 2), and

(b) any assistance specified in section 139(1) (other than jobseeker’s allowance under Chapter 2 and supplementary welfare allowance under Chapter 9 of Part 3).

Rounding

187.

A period extended in accordance with article 185(2) shall be rounded up to the nearest whole number of weeks where the number of days is greater than or equal to half a week and shall be rounded to the nearest week in all other cases.

Provision of information

188.

(1) Every claimant or beneficiary and every person by whom any benefit is receivable on behalf of a claimant or beneficiary shall—

(a) furnish in such manner and at such times as an officer of the Minister may determine, such certificates, documents and information affecting the right to benefit or to the receipt thereof as the said officer may require, and

(b) notify the Minister of any change in circumstances which affect the right to benefit, or to the receipt thereof, as soon as is reasonably practicable thereafter.

(2) Every institution of education shall, on request, provide the Minister with such of the following information as the Minister may request in respect of each person who is registered or enrolled, as the case may be, as a student at such institution at the commencement of each academic year and who ceases to attend at such institution prior to the completion of the relevant academic year—

(a) name,

(b) address,

(d) the date on which the student ceased to attend the institution of education.

(3) The information requested under sub-article (2) shall be submitted by the institution of education in such format as is acceptable to the Minister and shall be sent, within 30 days of the receipt of a request for such information from the Minister, to such office of the Department as may be specified by the Minister.

Sharing of information

189.

(1) The information prescribed for the purposes of section 266 in relation to a pupil shall be—

(a) his or her—

(i) forename,

(ii) surname,

(iii) date of birth,

(iv) address,

(v) sex,

(vi) nationality, and

(vii) personal public service number,

(b) whether he or she—

(i) boards at his or her school,

(ii) is participating in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

(iii) is exempt from studying the Irish language and if so the date of exemption,

(iv) has special needs and if so the type of special needs, and

(ii) the language through which he or she is studying,

(iii) the examination for which he or she is studying and his or her candidate number,

(iv) his or her class group and year,

(v) his or her official school number, and

(vi) his or her former school roll number.

(2) The information prescribed for the purposes of section 267 shall be a person’s—

(a) forename,

(b) surname,

(d) birth surname,

(e) mother's birth surname,

(f) address,

(g) sex,

(h) marital status,

(i) date of marriage,

(j) nationality,

(k) insurance number, and

(l) personal public service number.

(3) The information prescribed for the purposes of section 269 shall be—

(a) in respect of a tenant, his or her—

(i) forename,

(ii) surname,

(iii) (I) address,

(II) date of commencement of rent supplement in respect of that address, and

(III) date of cessation of rent supplement in respect of that address, and

(iv) personal public service number, and

(b) in respect of a landlord or his or her agent, his or her—

(i) forename,

(ii) surname,

(iii) personal public service number,

(iv) registration number assigned in accordance with section 9(1A) of the Value Added Tax Act 1972 (No. 22 of 1972), and

(v) telephone number.

Prescribed time for furnishing information

190.

(1) The prescribed period for the furnishing of information and production of documents required by a social welfare inspector under the provisions of section 250(2) shall be—

(a) in the case of the personal representative of a person who was at any time in receipt of any benefit, 30 days, and

(b) in any other case, 21 days,

following the date of issue of a notification in writing sent by registered post to the person from whom the said information and documents, as the case may be, are sought.

(2) The period prescribed for the purposes of section 251(10) shall be—

(a) in the case of State pension (non-contributory) and blind pension, 3 months, and

(b) in any other case, 7 days.

(3) Where a person who claims or is entitled to child benefit changes his or her place of residence he or she shall notify the Minister in writing thereof within 21 days after such change of residence.

Decision of deciding officer

191.

(1) The decision of a deciding officer shall be in writing and signed by him or her.

(2) Where the decision of the deciding officer is not in favour of the person, the deciding officer shall set out in writing the reasons for the said decision.

(3) Subject to sub-article (4), the Minister shall, as soon as may be after the decision is made, cause a memorandum of—

(a) the decision, and

(b) where it is not in favour of the person, the reasons for the said decision,

to issue to the person.

(4) In the case of a decision arising under section 300(2)(a), other than decisions arising under sub-paragraphs (i), (ii) and (iii) of that section, the Minister shall, as soon as may be after the decision is made, cause a memorandum of—

(a) the decision, and

(b) the reasons for the said decision,

to issue to the parties who are subject to the decision.

CHAPTER 2 Payments

Manner of payment

192.

(1) Benefit shall be paid in accordance with a decision under the provisions of the Principal Act as soon as is reasonably practicable thereafter in such manner as the Minister may determine in any particular class of case.

(2) Subject to sub-article (3), the manner of payment under sub-article (1) shall comprise—

(a) an order payable at a post office designated by the claimant or qualified person, as the case may be, or where the Minister considers it appropriate, at a post office designated by the Minister,

(b) a cheque issued by post or otherwise to a claimant or beneficiary at his or her place of residence,

(c) by direct credit transfer to an account nominated by the claimant, beneficiary or qualified person and where benefit is so paid, the claimant, beneficiary or qualified person shall be deemed to have received such payment,

(d) in cash payable at a post office, or

(e) an order payable at a bank designated by the qualified person.

(3) The Minister may arrange for the payment of benefit otherwise than in accordance with sub-article (2) where the circumstances so warrant.

Commencement of awards — child benefit

193.

Where child benefit is awarded it shall commence to accrue as follows—

(a) on the 1st day of the month following that in which the claimant became a qualified person, provided that the claim has been made within the 6 months commencing on the 1st day of that month,

(b) in the case of a claim made by a person who becomes a qualified person by and on the death of another person who had been entitled to child benefit at the date of death, on the 1st day of the month following that in which the claim is made or, where a deciding officer or an appeals officer considers it appropriate, on the 1st day of the month following that in which the claimant became a qualified person,

Commencement of awards — early childcare supplement

194.

Early childcare supplement shall commence to accrue as follows—

(a) on the 1st day of the quarter in which the claimant becomes a qualified person, provided that entitlement to the early childcare supplement is determined within the 6 months commencing on the 1st day of that quarter, or

(b) in the case of a claim made by a person who becomes a qualified person by and on the death of another person who had been entitled to early childcare supplement at the date of death, on the 1st day of the quarter in which the claim is made.

Normal residence — early childcare supplement

195.

For the purposes of early childcare supplement, where the persons specified in Rule 1 of article 159 are resident in separate households, the qualified child shall be regarded as normally residing with the person with whom he or she resides for the majority of the quarter.

Time of payment

196.

(1) Subject to sub-article (6), benefit shall be paid—

(a) in the case of jobseeker’s benefit, illness benefit, disability allowance, jobseeker’s allowance, pre-retirement allowance, farm assist and continued payment for qualified children on such days and at such intervals as the Minister may determine in any particular class of case,

(b) in the case of carer’s benefit, State pension (transition), invalidity pension, deserted wife’s benefit or deserted wife’s allowance or prisoner’s wife’s allowance by virtue of section 178, one-parent family payment (other than one-parent family payment payable in respect of a widow or a widower) and carer’s allowance, weekly in advance on the Thursday of each week,

(c) in the case of State pension (contributory), widow’s (contributory) pension, widower’s (contributory) pension, guardian’s payment (contributory), State pension (non-contributory), blind pension, widow’s and widower’s (non-contributory) pension, guardian’s payment (non-contributory) and one-parent family payment payable in respect of a widow or a widower, weekly in advance on the Friday of each week,

(d) in the case of child benefit, in advance on the 1st Tuesday of each month,

(e) in the case of family income supplement, weekly in advance on the Thursday of each week, and

(f) in the case of early childcare supplement, in respect of each period of three months specified in column (1) of the table to this sub-article on the day specified in column (2) of that table.

TABLE


Period (1)	Day (2)
January, February, March	2nd Monday in April
April, May, June	2nd Monday in July
July, August, September	2nd Monday in October
October, November, December	2nd Monday in December

(2)
(a) Where the day from which a payment or a change in the rate of a payment under sub-article (1)(b) takes effect is a day of the week other than a Thursday, such payment or the change in the rate of such payment shall take effect as from and including the next following Thursday.

(b) Where a payment under sub-article (1)(b) ceases to be payable as from and including a day of the week other than a Thursday, such payment shall continue to be payable in respect of the days of the week up to but not including the next following Thursday.

(3)
(a) Where the day from which a payment or a change in the rate of a payment under sub-article (1)(c) takes effect is a day of the week other than a Friday, such payment or the change in the rate of such payment shall take effect as from and including the next following Friday.

(b) Where a payment under sub-article (1)(c) ceases to be payable as from and including a day of the week other than a Friday, such payment shall continue to be payable in respect of the days of the week up to but not including the next following Friday.

(4)
(a) Where the day from which payment or a change in the rate of payment of family income supplement takes effect, is a day of the week other than a Thursday, payment or the change in the rate of payment of family income supplement shall take effect as from and including the next following Thursday.

(b) Where family income supplement ceases to be payable as from and including a day of the week other than a Thursday, family income supplement shall continue to be payable up to but not including the next following Thursday.

(c) Where a beneficiary makes a claim not more than 4 weeks before or after the end of a period for which family income supplement is paid, any supplement payable on foot of such claim shall be payable immediately from the end of the period in respect of which family income supplement was previously payable.

(5) Notwithstanding section 141(1) where—

(a) the first 3 days of unemployment in a continuous period of unemployment are days in respect of which the provisions of section 141(2)(a) apply, jobseeker’s allowance may be paid in respect of any subsequent days of unemployment following the third such day up to but not including the next following Wednesday,

(b) the first day of unemployment for which jobseeker’s allowance is claimed is a day of the week other than a Wednesday and is not a day to which the provisions of section 141(2)(a) apply, jobseeker’s allowance may be paid in respect of that day and any subsequent days of unemployment up to but not including the next following Wednesday,

(c) a change in circumstances which affects the rate of jobseeker’s allowance payable occurs on a day of the week other than a Wednesday, jobseeker’s allowance shall be payable in respect of each day of unemployment in the week commencing on the previous Wednesday and the rate of allowance payable in respect of the day from which the change in circumstances occurs and any subsequent day of unemployment in the said week up to and including the next following Tuesday, shall be determined having regard to the change in circumstances,

(d) the day in respect of which a person ceases to be entitled to jobseeker’s allowance is a day other than a Wednesday, jobseeker’s allowance may be paid in respect of any day of unemployment as and from the preceding Wednesday up to but not including the said day, and

(e) in any period commencing on a Wednesday and ending on the next following Tuesday a person is disqualified under any provision of the Principal Act from receiving jobseeker’s allowance in respect of any day in that period, jobseeker’s allowance may be paid in respect of any remaining days of unemployment in the said period in respect of which any such disqualification does not apply.

(6) The Minister may, in any particular class of case, arrange for the payment of benefit otherwise than in accordance with the foregoing sub-articles where the circumstances so warrant.

Taking effect of revision on account of change of circumstances

197.

In the case of child benefit, where on account of a relevant change of circumstances, a deciding officer or an appeals officer, as the case may be, revises a decision in accordance with sections 301 or 317 the revised decision shall take effect as follows—

(a) where, by virtue of the revised decision, the rate of child benefit will be increased—

(i) from the 1st day of the month following that in which the additional child becomes normally resident with the claimant, provided that the claim is made within 6 months commencing on the 1st day of that month,

(ii) in any other case, from the 1st day of the month following that in which the claim is made, or

(b) where, by virtue of the revised decision, child benefit will be disallowed or reduced—

(i) from the 1st day of the month following that in which there was a change of circumstances in any case where in relation to such change of circumstances there was a statement or representation (whether written or oral) which was to the knowledge of the person making it false or misleading in any material respect or there was any wilful concealment of a material fact,

(ii) in any other case, from the 1st day of such month as a deciding officer or appeals officer may determine having regard to the change of circumstances.

Payable orders

198.

(1) In the case of benefit payable by means of an order, the Minister shall cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, a claimant or beneficiary shall obtain a book of orders.

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

(3) Any person having a book of orders or any unpaid orders in respect of benefit shall at the request of an officer of the Minister, deliver such orders to such person as the officer may direct.

(4) In the case of child benefit, where a book of orders has been lost or destroyed, the person to whom the book was issued shall notify the Minister immediately in writing of such loss or destruction, and the Minister may issue a new book to that person, subject to such conditions as he or she thinks fit.

Extinguishment of right to payment

199.

(1) Subject to sub-articles (2) and (3), where benefit has been awarded and is being paid to a person, the right to any sum payable by way of the benefit shall be extinguished where payment of the benefit is not obtained within 6 months.

(2) Sub-article (1) shall not apply in respect of any benefit where a deciding officer or an appeals officer is satisfied that entitlement to the payment exists and where —

(a) the sum payable is not received within the time allowed in sub-article (1) due to the mental or other incapacity of the beneficiary or his or her approved agent, or

(b) in any other case where a deciding officer or appeals officer is satisfied that there was good cause for the delay in claiming the payment within the time allowed in sub-article (1).

(3) For the purposes of sub-article (2) “benefit” means—

(a) any benefit specified in section 39(1) (other than jobseeker’s benefit under Chapter 12 of Part 2),

(b) any assistance specified in section 139(1) (other than jobseeker’s allowance under Chapter 2 and supplementary welfare allowance under Chapter 9 of Part 3),

(d) early childcare supplement under Part 4A.

Payments no longer due

200.

(1) A claimant or beneficiary who receives child benefit or early childcare supplement, in any manner of payment specified in article 192(2), shall, in accordance with article 188(1)(b), notify the Minister of any change in circumstances which would affect the right to benefit or receipt thereof, and return to the Minister or an officer of the Minister, any payments in respect of benefit not due.

(2) Where a person fails to comply with this article, he or she shall be liable to repay on demand a sum equivalent to child benefit or early childcare supplement received, having no longer been due.

Nominated persons

201.

(1) A claimant or beneficiary may nominate another person to receive payment of benefit on his or her behalf and subject to the consent of the Minister, such benefit may be payable to the person so nominated.

(2) Every nomination under sub-article (1)—

(a) shall be made to the Minister in the form for the time being approved by him or her, and

(b) may be revoked by the claimant or beneficiary on giving notice in writing of that fact to the Minister.

(3) The Minister may withdraw his or her consent to a nomination under sub-article (1) and in such case the person so nominated shall, on receipt of a notice of such withdrawal, deliver to the Minister the order book issued to him or her, if any.

Persons unable to act

202.

(1) Where a claimant or beneficiary is—

(a) unable for the time being to act, or

(b) under the age of 16 years, the Minister may, subject to such conditions as he or she thinks fit, appoint some other person to exercise, on behalf of the claimant or beneficiary, any right or power which the claimant or beneficiary may be entitled to exercise under the Principal Act and any such person may receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary.

(2) An appointment made under sub-article (1) shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.

(3) Anything required to be done by a claimant or beneficiary in relation to benefit may be done as respects a claimant or beneficiary who is unable to act, by the person appointed under sub-article (1) to act on his or her behalf.

Payment to appointed persons

203.

(1) The Minister may, where it appears to him or her that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a claimant or beneficiary, so much of the benefit as is payable in respect of—

(a) illness benefit, by virtue of sections 43(1) and 43(2),

(b) jobseeker’s benefit, by virtue of sections 66(1) and 66(2),

(d) State pension (transition), by virtue of sections 117(1) and 117(2),

(e) invalidity pension, by virtue of sections 122(1) and 122(2),

(f) widow’s (contributory) pension or widower’s (contributory) pension, by virtue of section 127(1),

(g) in respect of jobseeker’s allowance—

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of sections 142(1)(b)(i) and 142(1)(b)(ii),

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of sections 142(1)(b)(i) and 142(1)(b)(ii), reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate,

(h) in respect of pre-retirement allowance—

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of sections 150(1)(a) and (b),

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of sections 150(1)(a) and (b) reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate,

(i) in respect of State pension (non-contributory) or blind pension—

(i) subject to sub-paragraph (ii), so much of the pension as is payable in respect of a qualified child together with any increase for a spouse,

(ii) in the case of a person in respect of whom no increase is payable for a spouse, the rate payable in respect of a qualified child of such person shall be so much of the pension as is equal to the difference between the pension actually payable to the claimant and the pension that would be payable to a claimant 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,

(j) deserted wife’s benefit, by virtue of section 178,

(k) in respect of one-parent family payment, so much of that payment as is payable to the claimant or beneficiary in respect of a qualified child by virtue of section 174(1),

(l) disability allowance—

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of sections 211(1)(a) and 211(1)(b),

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of sections 211(1)(a) and 211(1)(b), reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate,

(m) in respect of farm assist—

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of sections 215(1)(a) and 215(1)(b);

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of sections 215(1)(a) and 215(1)(b), reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate, and

(n) in respect of continued payment for qualified children, so much as is payable by virtue of section 235.

(2) The Minister may, where it appears to him or her that the circumstances so warrant, appoint a person to receive and deal with family income supplement, on behalf of a claimant or beneficiary.

Payment to appointed person living together with applicant

204.

Notwithstanding the provisions of article 203, in the case of a claimant or beneficiary who is living together with a person in respect of whom he or she is entitled to or in receipt of an increase of benefit, for a qualified adult, the Minister may, where the circumstances so warrant, appoint the qualified adult to receive and deal with on behalf of the claimant or beneficiary—

(a) in respect of illness benefit, so much of the benefit as is payable by virtue of section 43(2), together with one-half of the benefit as is payable by virtue of sections 42 and 43(1),

(b) in respect of jobseeker’s benefit, so much of the benefit as is payable by virtue of section 66(2), together with one-half of the benefit as is payable by virtue of sections 65 and 66(1),

(c) in respect of State pension (contributory), so much of the pension as is payable by virtue of section 112(2), together with one-half of the pension as is payable by virtue of sections 111, 112(1) and 112(5),

(d) in respect of State pension (transition), so much of the pension as is payable by virtue of section 117(2), together with one-half of the pension as is payable by virtue of sections 116, 117(1) and 117(5),

(e) in respect of invalidity pension, so much of the pension as is payable by virtue of section 122(2) together with one-half of the pension as is payable by virtue of sections 121, 122(1) and 122(5),

(f) in respect of jobseeker’s allowance—

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable under section 142(1)(b)(ii) together with one-half of the aggregate sum of the appropriate rate of jobseeker’s allowance as set out in column (2) of Part 1 of Schedule 4 to the Principal Act and the increase in allowance payable by virtue of section 142(1)(b)(i),

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of section 142(1)(b)(ii), together with one-half of the aggregate of—

(I) the appropriate rate of jobseeker’s allowance as set out in column (2) of Part 1 of Schedule 4 to the Principal Act, and

(II) the increase in allowance payable by virtue of section 142(1)(b)(i), reduced in proportion that the weekly rate actually payable bears to the applicable scheduled rate,

reduced in the proportion that the weekly rate actually bears to the applicable scheduled rate.

(g) in respect of pre-retirement allowance—

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of paragraph (b) of section 150(1), together with one-half of the aggregate sum of the appropriate rate of pre-retirement allowance as set out in column (2) of Part 1 of Schedule 4 to the Principal Act and the increase in allowance payable by virtue of section 150(1)(a),

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of section 150(1)(b) together with one-half of the aggregate of—

(I) the appropriate rate of pre-retirement allowance as set out in column (2) of Part 1 of Schedule 4 to the Principal Act, and

(II) the increase in allowance payable by virtue of section 150(1)(a),

reduced in the proportion that the weekly rate actually bears to the applicable scheduled rate.

(h) in respect of State pension (non-contributory) or blind pension—

(i) where the weekly rate payable is a scheduled rate, any increase of pension payable in respect of a qualified child by virtue of section 156(1) or 161B(1), together with one-half of the aggregate of—

(I) the rate of pension as set out at column (2) of reference 4 or 5, as the case may be, of Part 1 of Schedule 4 to the Principal Act,

(II) the increase in pension payable by virtue of section 157(1)(a) or 161C(1)(a), as the case may be,

and

(III) the increase in pension payable by virtue of section 157(1)(c),

(ii) 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 by virtue of section 156(1) or 161B(1), together with one-half of the difference between the pension payable to the claimant and any increase of pension payable in respect of a qualified child by virtue of section 156(1) or 161B(1),

(i) in respect of disability allowance—

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable under section 211(1)(b) together with one-half of the aggregate sum of the appropriate rate of disability allowance as set out in column (2) of Part 1 of Schedule 4 to the Principal Act and the increase in the allowance payable by virtue of section 211(1)(a),

(ii) where the weekly rate payable is less by reason of means, than the applicable scheduled rate, so much of the allowance as is payable by virtue of section 211(1)(b), together with one-half of the aggregate of—

(I) the appropriate rate of disability allowance as set out in Column (2) of Part 1 of Schedule 4 to the Principal Act, and

(II) the increase in the allowance payable by virtue of section 211(1)(a),

reduced in proportion that the weekly rate actually bears to the applicable scheduled rate,

(j) in respect of farm assist—

(i) where the weekly rate payable is a scheduled rate, so much of the payment as is payable under section 215(1)(b) together with one half of the aggregate sum of the appropriate rate of farm assist as set out in column (2) of Part 1 of Schedule 4 to the Principal Act and the increase in the allowance payable by virtue of section 215(1)(a),

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of section 215(1)(b) together with one half of the aggregate of—

(I) the appropriate rate of farm assist as set out in column (2) of Part 1 of Schedule 4 to the Principal Act, and

(II) the increase in the allowance payable by virtue of section 215(1)(a),

reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate, and

(k) in respect of continued payment for qualified children, so much as is payable by virtue of section 235.

Payments on death

205.

In the case of any benefit, other than child benefit and death grant, on the death of any claimant or beneficiary, the Minister may allow such person as he or she may think fit to proceed with or to make a claim for such benefit in the name of such claimant or beneficiary.

Sum payable on death for child benefit

206.

(1) Subject to this Chapter, the Minister may pay a sum payable on death if a claim to such sum is made to him or her within 6 months of the date of death or such longer time as the Minister may determine, having regard to the circumstances of the particular case.

(2) In this article “sum payable on death” in relation to a deceased person means—

(a) where he or she was entitled to child benefit, any sum on account of such benefit which became payable within 6 months before the date of his or her death but has not been paid,

(b) where he or she applied for child benefit for which he or she was qualified and died before the claim was allowed, any sum which would have become payable on account of such benefit up to the date of his or her death, if the claim had been allowed immediately before his or her death.

Distribution of sum payable on death

207.

(1) On the death of a claimant or beneficiary any sum payable in respect of any benefit including a sum payable on death within the meaning of article 206(2) 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 claimant or beneficiary dies 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 persons receiving that sum,

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

(2) The receipt by any person of or over the age of 16 years of any sum paid in accordance with this article shall be a good discharge to the Minister (and, in the case of benefit under Part 2, to the Minister and to the Social Insurance Fund) for the sum so paid.

(3) 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 or she 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 or she will apply the sum so paid for the benefit of the person under the age of 16.

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

Payments after death

208.

(1) For the purposes of this article—

“continued payment” means benefit payable by virtue of section 248(2);

“deceased beneficiary” means a person in respect of whom a continued payment is payable;

“related person” means the person—

(a) in respect of whom the deceased beneficiary was receiving an increase in respect of a qualified adult, or in respect of whom such an increase would have been payable but for the receipt by the deceased beneficiary’s spouse of State pension (non-contributory), blind pension, carer’s benefit or carer’s allowance in his or her own right, or

(b) in respect of whom the deceased beneficiary was receiving an increase under section 157(1)(a).

(2) A continued payment shall be made to the related person of the deceased beneficiary.

(3)
(a) Where the related person entitled to a continued payment—

(i) is unable to act, or

(ii) dies and the continued payment includes an increase in respect of a qualified child, the Minister may appoint some other person to exercise on behalf of such related person any right or power which such related person may be entitled to exercise in relation to the continued payment.

(b) The receipt of a person appointed to act under this sub-article shall be a good discharge to the Minister (and, in the case of benefit under Part 2, to the Minister and to the Social Insurance Fund) for any amounts so paid.

(c) Where the related person entitled to a continued payment dies and the continued payment does not include an increase in respect of a qualified child the right to the continued payment shall be extinguished.

(4) Subject to sub-article (5), a continued payment shall be subject to the following conditions—

(a) evidence of the death of a deceased beneficiary shall be furnished by or on behalf of the related person,

(b) the provisions of Chapter 4 of this Part shall not apply to continued payments.

(5) The application of paragraph (4) shall not be read as entitling a related person to a continued payment at a higher rate than the rate of benefit which had been payable to the deceased beneficiary.

(6)
(a) In any case where the amount of the continued payment is less than the amount of the pension, allowance or benefit which, but for the provisions of section 248(2)(f) would have been payable for the same period, the provisions of the said section shall not apply, but any amount already paid by way of continued payment shall be treated as payment on account of such pension, allowance or benefit.

(b) In any case where payment has been made to a related person of any pension, allowance or benefit referred to in section 248(2)(f) in respect of the whole or part of the period in respect of which a continued payment is due the amount so paid by way of such pension, allowance or benefit shall be treated as having been paid on account of the continued payment.

(7) In the case of family income supplement, where a claimant or beneficiary dies, payment of the supplement shall continue to be made for a period of 6 weeks, or for the remainder of the 52 week period of payment under section 230 whichever is the lesser, after the date of death to a person who satisfies the Minister that he or she will apply the supplement for the benefit of any surviving member of the family in respect of which the supplement was payable.

Offences

209.

A person who fails to comply with article 188(1), 198(3) or 201(3) shall be guilty of an offence and shall be liable on summary conviction to the penalties provided for in section 257(a).

Provisions relating to appointments

210.

(1) The Minister may at any time revoke an appointment made under article 202, 203 or 204 and a person appointed may resign on giving to the Minister one month's notice of his or her intention to do so.

(2) The receipt of benefit by a person appointed under article 201, 202, 203, or 204 shall be a good discharge to the Minister (and, in the case of benefit payable under Part 2 of the Principal Act, to the Minister and to the Social Insurance Fund) of any amount so paid.

CHAPTER 3 Loss of Purchasing Power

Definitions

211.

In this Chapter—

“arrears” means arrears of benefit due to a person in respect of the relevant period, having been reduced, where appropriate, in accordance with sections 205 or 251(11);

“benefit” means—

(a) any benefit payable specified in section 39(1),

(b) any assistance specified in section 139(1) (other than supplementary welfare allowance under Chapter 9 of Part 3),

(d) early childcare supplement under Part 4A,

(e) family income supplement under Part 6, and

(f) continued payment for qualified children under Part 7;

“consumer price index” means the All Items Consumer Price Index Number supplied by the Central Statistics Office;

“inflation factor” means a figure calculated in accordance with the following formula:

(present index / previous index) - 1;

“present index”—

(a) for the purposes of article 213, means the last available consumer price index on the date on which the arrears are paid, and

(b) for the purposes of article 214, means the last available consumer price index on the date on which the payment in respect of the loss of purchasing power is paid;

“previous index”—

(a) for the purposes of article 213 (a), means the consumer price index appropriate to the end of the 12 month period or to the end of the period for which arrears are due if less than 12 months,

(b) for the purposes of article 213 (b) and (c) means the consumer price index appropriate to each period for which a payment in respect of loss of purchasing power is being calculated, and

“relevant period” means the period referred to in article 212(2);

“the Central Statistics Office” means the Central Statistics Office established by the Statistics Act 1993 (No. 21 of 1993).

Payment in respect of loss of purchasing power

212.

(1) Payment in respect of the loss of purchasing power shall be made to a person who makes a claim for any benefit (including any increase thereof) where—

(a) the payment of his or her claim is delayed for a period exceeding 12 months, and

(b) a deciding officer or an appeals officer, decides that the delay was due solely or mainly to circumstances within the control of the Department, and

(2) A payment under sub-article (1) shall be made in respect of such period as a deciding officer or an appeals officer decides that the delay continued, having regard to the facts of the case.

Calculation of amount

213.

Payment to a person by virtue of article 212 shall be the sum of—

(a) an amount if any, calculated by multiplying the arrears due for the period of 12 months from the date of commencement of the relevant period by the inflation factor, plus

(b) an amount if any, calculated by multiplying the arrears due for each calendar quarterly period or part of quarterly period thereafter, where the period occurs prior to 1 January 1997, by the inflation factor, plus

(c) an amount if any, calculated by multiplying the arrears due for each calendar month thereafter, where the period occurs on or after 1 January 1997, by the inflation factor.

Delay in issue of purchasing power payment

214.

In the case of a person to whom article 212 applies and to whom arrears have issued in advance of the payment in respect of the loss of purchasing power, the payment calculated in accordance with article 212, shall be increased, where appropriate, by the inflation factor.

Payment of an amount of costs

215.

Where a person to whom article 212 applies has necessarily incurred incidental expenses as a result of the delay in payment of the benefit, he or she shall be entitled to a payment of the expenses in so far as they exceed €12.70 and subject to a maximum of €63.50 provided he or she produces such evidence as may be required of such expenditure.

Rounding

216.

The amount payable under this Chapter shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

CHAPTER 4 Absence from State and Imprisonment

Exception from disqualification for periods of absence from State

217.

Notwithstanding section 249, a person who is absent from the State shall not be disqualified for receiving—

(a) State pension (contributory), widow’s (contributory) pension, widower’s (contributory) pension, guardian’s payment (contributory) or bereavement grant, (including any increase thereof), by reason only of the person being absent from the State,

(b) illness benefit (including any increase thereof)—

(i) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of receiving treatment for incapacity which commenced before the person left the State,

(ii) while he or she is a person to whom the provisions of article 98 of the Regulations of 1996 apply,

(i) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of receiving treatment for incapacity which commenced before the person left the State,

(ii) while he or she is a person to whom the provisions of article 98 of the Regulations of 1996 apply,

(d) jobseeker’s benefit (including any increase thereof) for any period during which that person, or his or her qualified adult, is absent from the State—

(i) on holiday in respect of the first two weeks of any such absence in a calendar year, or

(ii) while representing Ireland in an amateur capacity at an international sporting event, or

(iii) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and due to force majeure,

(e) carer’s benefit (including any increase thereof) for any period during which the carer is absent from the State—

(i) on holiday in respect of the first three weeks of any such absence in a calendar year, or

(ii) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of accompanying a relevant person while that person is receiving treatment for a disability which commenced before the person left the State,

(f) State pension (transition) (including any increase thereof) by reason only of the person being absent from the State provided that during the period of his or her absence from the State the person does not engage in gainful employment of any nature and he or she submits such evidence to that effect as the Minister may require,

(g) invalidity pension (including any increase thereof) by reason only of the person being absent from the State for such period as the Minister may allow, having regard to the circumstances of the case, provided that the person furnishes such medical evidence of incapacity as the Minister may, from time to time, require,

(h) carer’s allowance (including any increase thereof) for any period during which the carer is absent from the State—

(i) on holiday in respect of the first three weeks of any such absence in a calendar year, or

(ii) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of accompanying a relevant person while that person is receiving treatment for a disability which commenced before the person left the State.

Exception from disqualification during penal servitude, imprisonment or detention in legal custody

218.

(1) (a) Section 249 shall not operate so as to disqualify a person for receiving illness benefit, maternity benefit, jobseeker’s benefit, State pension (contributory), State pension (transition), invalidity pension, widow’s (contributory) pension, widower’s (contributory) pension, bereavement grant or guardian’s payment (contributory), (including in each case, subject to paragraph (b), any increase thereof), in respect of any period during which the person is detained (other than in the case of a person found not guilty by reason of insanity under the provisions of the Criminal Law (Insanity) Act 2006 (No. 11 of 2006)) in any institution for the treatment of mental illness or infectious disease.

(b) No increase in respect of a qualified child under section 43, 66, 112, 117, 122 or 127 shall be payable to a person to whom paragraph (a) applies.

(2) Subject to sub-article (1), section 249 shall not operate so as to disqualify a person undergoing a period of penal servitude, imprisonment or detention in legal custody—

(a) for receiving bereavement grant,

(b) for receiving illness benefit, invalidity pension, State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension, one-parent family payment, a payment by virtue of section 178, State pension (contributory), widow’s (non-contributory) pension or widower’s (non-contributory) pension (including, in each case any increase thereof) if—

(i) the detention is in respect of his or her being charged with a criminal offence, and

(ii) the charge is subsequently withdrawn or he or she is acquitted of the offence, and

(iii) in the case of illness benefit, immediately before the detention he or she was entitled to the said benefit or would, but for section 40(2) have been so entitled,

(c) for receiving invalidity pension, State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension, one-parent family payment, a payment by virtue of section 178, State pension (contributory), widow’s (non-contributory) pension or widower’s (non-contributory) pension (including, in each case, any increase thereof) if, in a case of imprisonment, the imprisonment is undergone as the alternative to payment of a fine.

(3) Subject to sub-article (1), section 249 shall not operate so as to prohibit payment of an increase in respect of a qualified adult under sections 43, 66, 112, 117 and 122 for any period during which the qualified adult is undergoing detention in legal custody if—

(a) the detention is in respect of his or her being charged with a criminal offence, and

(b) the charge is subsequently withdrawn or he or she is acquitted of the offence.

(4)
(a) Subject to paragraph (b) and notwithstanding that a person, by reason of undergoing a period of penal servitude, imprisonment or detention in legal custody is disqualified by virtue of section 249 for receiving illness benefit, invalidity pension, State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension, one-parent family payment, a payment by virtue of section 178, State pension (contributory), widow’s (non-contributory) pension or widower’s (non-contributory) pension (including, in each case, any increase in respect of a qualified adult or qualified child), the increase shall be paid to any person appointed by the Minister to receive and deal with any sums payable on account of such increase for the benefit of the person or persons in respect of whom the increase is payable, and the receipt of any person so appointed shall be a good discharge to the Minister and the Social Insurance Fund, where appropriate, for any sum so paid.

(b) In the case of illness benefit, paragraph (a) shall only apply where the said person is a person detained in an institution for the treatment of mental illness or is a person who was entitled to such benefit immediately before the commencement of any such period, or would, but for section 40(2) have been so entitled.

Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody

219.

(1) Subject to the provisions of articles 218(1) and (4) and sub-article (2), the payment to any person of any benefit, grant, pension or payment or increase of that benefit, pension or payment—

(a) which is excepted from the provisions of section 249 by virtue of article 218, or

(b) which is payable otherwise than in respect of a period during which he or she is undergoing penal servitude, imprisonment or detention in legal custody,

shall be suspended while that person, or, in the case of an increase, the person in respect of whom the increase is payable, is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Bereavement grant, invalidity pension, State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension, one-parent family payment, a payment by virtue of section 178, State pension (contributory), guardian’s payment (contributory), widow’s (non-contributory) pension or widower’s (non-contributory) pension to which sub-article (1) applies may be paid during any such period to any person appointed by the Minister to receive and deal with any sums payable on behalf of the beneficiary, and the receipt of any person so appointed shall be a good discharge to the Minister and the Social Insurance Fund, where appropriate, for any sum so paid.

(3) Where by virtue of sub-article (1) payment of invalidity pension, State pension (transition), widow’s (contributory) pension, widower’s (contributory) pension, one-parent family payment, a payment by virtue of section 178, State pension (contributory), guardian’s payment (contributory), widow’s (non-contributory) pension or widower’s (non-contributory) pension, is suspended for any period, the period of suspension shall not be taken into account in calculating any period under article 113.

CHAPTER 5 Overlapping Benefits

Interpretation

220.

In this Chapter—

“assistance” means any assistance specified in section 139(1);

“benefit” means any benefit specified in section 39(1).

Payment of disablement benefit with other social welfare payments

221.

(1) Notwithstanding section 247(1) or (2), where disablement benefit and any benefit or assistance (including any increase thereof) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.

(2) For the purposes of sub-article (1), disablement benefit shall not include an increase—

(a) on account of incapacity by virtue of section 77,

(b) in respect of a qualified adult or a qualified child by virtue of section 76,

Payment of guardian’s payment with other social welfare payments

222.

(1) Notwithstanding section 247(1) or (2), where guardian’s payment (contributory), guardian’s payment (non-contributory) or death benefit by way of orphan’s pension and any payment specified in sub-article (3) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.

(2) Where, in respect of any period, a person who is in receipt of guardian’s payment (contributory), guardian’s payment (non-contributory) or death benefit by way of orphan’s pension is also in receipt of blind pension or any payment specified in paragraphs (h) to (l) of sub-article (3), then illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement shall not be payable to that person in respect of the same period.

(3) The following payments are specified for the purposes of this article—

(a) illness benefit,

(b) maternity benefit,

(d) adoptive benefit,

(e) jobseeker’s benefit,

(f) injury benefit,

(g) incapacity supplement,

(h) death benefit by way of widow’s pension, widower’s pension or parent’s pension,

(i) widow’s (contributory) pension and widower’s (contributory) pension,

(j) deserted wife’s benefit by virtue of paragraph (a) of the definition of “relevant payment” in section 178,

(k) widow’s (non-contributory) pension and widower’s (non-contributory) pension,

(l) one-parent family payment.

Payment of half-rate benefit to recipients of certain payments

223.

(1) Subject to sub-article (2) and notwithstanding section 247(1) or (2), where in respect of any period a person is in receipt of a payment specified in sub-article (7) and is also entitled to illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement in respect of any day in the same period such illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement shall, subject to sub-article (3) be reduced by half.

(2) For the purposes of benefit payable in accordance with sub-article (1)—

(a) no increase shall be paid in respect of a qualified child,

(b) in the case of incapacity supplement, no increase shall be paid by virtue of section 76(5),

(c) in the case of a person who is in receipt of a payment specified in sub-article (7), illness benefit or incapacity supplement shall not be paid for any day in excess of 390 days in any period of interruption of employment.

(3) Subject to sub-article (4), where, in respect of any period, a person is in receipt of—

(a) widow’s (contributory) pension, widower’s (contributory) pension or deserted wife’s benefit by virtue of section 178 at a rate less than that specified in Part 1 of Schedule 2 to the Principal Act, or

(b) any pension or payment specified in paragraphs (c) to (e) of sub-article (7) at a reduced rate by reason of means,

and he or she is also entitled to illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement, both such payments may be paid to that person in respect of that period.

(4) The amount payable, in accordance with sub-article (3), to a person by way of such illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit or injury benefit (including any increase in respect of a qualified child) or by way of incapacity supplement (including an increase payable in respect of a qualified child by virtue of section 76(5)) shall not exceed the aggregate of—

(a) the difference between the amount of such reduced pension, benefit or allowance specified in sub-article (3)(a) or (b) and the maximum scheduled rate of such pension, benefit or allowance, appropriate to the family size, and

(b) one-half of the rate of illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit (exclusive of any increase in respect of a qualified child) or incapacity supplement (exclusive of any increase payable in respect of a qualified child by virtue of section 76(5)), as the case may be,

and in no case shall the amount of illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement so payable exceed the rate of such benefit, allowance or supplement appropriate to the family size, as set out in Part 1 of Schedule 2 to the Principal Act.

(5) In sub-article (4) “scheduled rate” means the rate of widow’s (contributory) pension, widower’s (contributory) pension, or deserted wife’s benefit by virtue of section 178, appropriate to the family size, as set out in Part 1 of Schedule 2 to the Principal Act, or the rate of widow’s and widower’s (non-contributory) pension, deserted wife’s allowance or prisoner’s wife’s allowance by virtue of section 178 or one-parent family payment appropriate to the family size, as set out in Part 1 of Schedule 4 to the Principal Act, as the case may be.

(6) Where, in respect of any period, a person who is in receipt of a payment specified in sub-article (7) is also in receipt of a blind pension, then illness benefit, maternity benefit, health and safety benefit, adoptive benefit, jobseeker’s benefit, injury benefit or incapacity supplement shall not be payable to that person in respect of the same period.

(7) The following payments are specified for the purposes of this article—

(a) death benefit by way of widow’s pension, widower’s pension or parent’s pension,

(b) widow’s (contributory) pension or widower’s (contributory) pension,

(d) widow’s (non-contributory) pension or widower’s (non-contributory) pension, or

(e) one-parent family payment.

(8) Where, on the 5 April 1990, a person who was in receipt of a payment specified in sub-article (5) was also in receipt of illness benefit or incapacity supplement by virtue of sub-article (1B) of article 4 of the Social Welfare (Overlapping Benefits) Regulations 1953 ( S.I. No. 14 of 1953 ) (inserted by the Social Welfare (Overlapping Benefits) (Amendment) Regulations 1987 ( S.I. No. 344 of 1987 )), that person shall, notwithstanding sub-article (1) continue to be entitled to such benefit or supplement until the end of the period of incapacity for work.

Payment of blind pension with other social welfare payments

224.

(1) Notwithstanding section 247(1) or (2), where, in respect of the same period, blind pension and any payment specified in sub-article (2) would be payable to or in respect of a person who has not attained pensionable age, both such payments may be paid to or in respect of that person in respect of that period.

(2) The following payments are specified for the purposes of this article—

(a) any benefit other than carer’s benefit, State pension (contributory), State pension (transition) or invalidity pension,

(b) any assistance other than jobseeker’s allowance, pre-retirement allowance, State pension (non-contributory), carer’s allowance, disability allowance or farm assist.

Payment on account

225.

(1) Where—

(a) in respect of any period, a payment specified in section 247(1) or (2) (in this article referred to as the “specified payment”) has been paid to or in respect of a person who, though entitled to any other payment specified in the said subsection (1) or (2) (in this article referred to as the “other payment”), is not at that time in receipt of such other payment, and

(b) such specified payment would not have been paid if that person had been in receipt of such other payment, and

(c) any sum (in this article referred to as the “arrears”) accruing in respect of any part of the said period on account of the other payment subsequently becomes payable to that person,

the Minister or the Executive, as the case may be, may reduce the arrears by an amount not exceeding the amount paid by way of the specified payment to such person.

(2) Where on revision or appeal it is decided that benefit or assistance is payable to a person in lieu of family income supplement payable to him or her by virtue of the original decision, any payments already made on account of the supplement in respect of any period covered by the decision on revision or appeal shall be treated as having been made on account of the benefit or assistance made payable by that decision.

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