S.I. No. 143/1973:

SOCIAL WELFARE (PAYMENTS TO APPOINTED PERSONS) REGULATIONS, 1973.

SOCIAL WELFARE (PAYMENTS TO APPOINTED PERSONS) REGULATIONS, 1973.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3, 47 (as amended by section 9 of the Social Welfare Act, 1972 (No. 15 of 1972)), 84 and 101 of the Social Welfare Act, 1952 (No. 11 of 1952), by paragraph (k) of section 20 (1) of the Children's Allowances Act, 1944 (No. 2 of 1944) (as inserted by section 5 of the Social Welfare (Children's Allowances) Act, 1952 (No. 12 of 1952)) and by sections 21 and 22 of the Social Welfare Act, 1970 (No. 12 of 1970), hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Payments to Appointed Persons) Regulations, 1973.

2. In these Regulations--

"applicant" means a person who has applied for or has been awarded unemployment assistance, children's allowance, pension or deserted wife's allowance;

"unemployment assistance" means unemployment assistance payable under the Unemployment Assistance Acts, 1933 to 1972;

"children's allowance" means an allowance payable under the Social Welfare (Children's Allowances) Acts, 1944 to 1970;

"pension" means a pension under the Old Age Pensions Acts, 1908 to 1972;

"deserted wife's allowance" means an allowance payable under section 22 of the Social Welfare Act, 1970 ;

"the Minister" means the Minister for Social Welfare.

3. Article 16a of the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ) (inserted by article 2 of the Social Welfare (Claims and Payments) (Amendment) Regulations, 1972 ( S.I. No. 277 of 1972 )), modified in the manner appearing in article 4 of these Regulations, shall apply to unemployment assistance, children's allowance, pension and deserted wife's allowance and, as respects children's allowance, this application shall be in substitution for section 6 (5) of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946).

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

(a) in respect of unemployment assistance--

(i) where the weekly rate payable is a scheduled rate, so much of that rate as is payable in respect of a dependant or dependants--provided that, in the case of a person with no adult dependant, the applicable scheduled rate payable in respect of a child dependant of such person shall be taken to be the same as it would be if he had an adult dependant as well as his child dependant or child dependants,

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the applicable scheduled rate as is payable in respect of a dependant or dependants reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate and rounded up to the next new penny where the amount so calculated contains a fraction of a new penny;

(b) in respect of children's allowance, the whole allowance payable;

(c) in respect of pension or deserted wife's allowance, so much of the pension or allowance as is equal to the difference between the pension or allowance actually payable to the applicant and the pension or allowance that would be payable to an applicant 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.

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

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

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

(3) A person appointed under this article may receive and deal with, on behalf of the applicant, so much of the unemployment assistance, children's allowance, pension or deserted wife's allowance, as the case may be, as is payable to the appointed person by virtue of paragraph (1) of this article and the receipt of such person shall be a good discharge of to the Minister for any sums paid to such person on behalf of the applicant.

GIVEN under the Official Seal of the Minister for Social Welfare this 7th day of June, 1973.

BRENDAN CORISH,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations provide, in relation to payments of unemployment assistance, children's allowance, old age (including blind) pension and deserted wife's allowance, that the Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with, on behalf of the applicant, so much of the payment as is or is prescribed in the Regulations to be in respect of adult and child dependants.

The Regulations relate to non-contributory schemes and they complement similar provisions in relation to contributory benefits and pensions, which are contained in the Social Welfare (Claims and Payments) (Amendment) Regulations, 1972 ( S.I. No. 277 of 1972 ).