S.I. No. 189/1993:

SOCIAL WELFARE (CLAIMS AND PAYMENTS) REGULATIONS, 1993.

SOCIAL WELFARE (CLAIMS AND PAYMENTS) REGULATIONS, 1993.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 23 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and sections 294B, 294C, 294D and 294H (inserted by section 27 of the Social Welfare Act, 1993 (No. 5 of 1993)) of that Act and section 33 of the Social Welfare Act, 1993 , hereby makes the following Regulations:--

PART I General

1. These Regulations may be cited as the Social Welfare (Claims and Payments) Regulations, 1993.

2. In these Regulations--

"beneficiary" means a person entitled to benefit;

save where otherwise provided, "benefit" means--

( a ) any benefit payable under Part II of the Principal Act (other than maternity allowance under Chapter 3, occupational injury benefits under Chapter 5 and treatment benefit under Chapter 16 of the said Act), and

( b ) any assistance payable under Part III of the Principal Act (other than supplementary welfare allowance under Chapter 6 of the said Act);

"claimant" means a person who has made a claim for benefit;

"local office" means an office of the Department of Social Welfare or such other place appointed by the Minister as a local office for the purposes of the Principal Act;

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 .

3. In these Regulations, a reference to a sub-article is to the sub-article of the article in which the reference occurs, unless it is indicated that a reference to some other article is intended.

PART II Claims

4. Every claim for benefit (including any increase thereof) shall be made to the Minister in the form for the time being approved by the Minister or in such other manner as the Minister may accept as sufficient in the circumstances.

5. Every claimant shall furnish such certificates, documents, information and evidence as may be required by an officer of the Minister for the purposes of deciding the claim and in any particular class or classes of case, shall, for the purposes of making any such claim, attend at such office or place as an officer of the Minister may direct.

6. The prescribed time for making a claim shall be--

( a ) in the case of old age (contributory) pension, retirement pension and invalidity pension, the period commencing three months before and ending three 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 unemployment benefit, unemployment assistance, pre-retirement allowance, old age pension, blind pension and carer's allowance, the day in respect of which the claim is made;

( c ) in the case of widow's (contributory) pension, orphan's (contributory) allowance, deserted wife's benefit, widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance and lone parent's allowance, the period of three 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 disability benefit, the period of seven days from the days from the day on which the person becomes or again becomes incapable of work; and

( e ) in the case of death benefit, the period of three months from the date of death of the decreased.

7. (1) In the case of old age pension, where it appears to any person that although for the time being he is not entitled to pension, he will nevertheless become entitled to a pension at a future date, he may make a claim therefor at any time not more than three 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 may allow the claim provisionally so as to take effect on any future date not later than three month from the date of his decision.

8. Subject to article 9 of these Regulations, where a person fails to make a claim for benefit within the prescribed time, he shall be disqualified for receiving payment--

( a ) in the case of old age (contributory) pension, retirement pension, invalidity pension, widow's (contributory) pension and orphan's (contributory) allowance, in respect of any period more than three months before the date on which the claim is made;

( b ) in the case of unemployment benefit, deserted wife's benefit, death grant, unemployment assistance, pre-retirement allowance, old age pension, blind pension, widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance and carer's allowance, in respect of any period before the date on which the claim is made; and

( c ) in the cases of disability benefit, in respect of any period more than seven days before the date on which the claim is made.

9. Where a claimant proves to the satisfaction of the Minister that--

( a ) on a date earlier than the date on which his claim for benefit (including any increase thereof) was made, apart from satisfying the condition of making a claim, he was entitled thereto, and

( b ) throughout the period between the earlier date and the date on which his claim was made there was good cause for the delay in making such claim, he shall not be disqualified for receiving payment of the amount to which he would have been entitled if the claimed had been made on the earlier date:

Provided that no sum shall be paid to a claimant on account of benefit in respect of any period more than six months before the date on which the claim (including any increase thereof) therefor is made.

10. (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 the Minister may determine, such certificates, documents and information affecting the right to benefit or to the receipt thereof as the Minister may require, and

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

(2) The period prescribed for the purposes of section 33 (1) of the Social Welfare Act, 1993 shall be--

( a ) in the case of old age pension and blind pension, three months, and

( b ) in any other case, seven days.

11. (1) The prescribed notice for the purposes of section 23 (3) of the Principal Act, shall be a claim for disability benefit made in the from for the time being approved by the Minister or in such other manner as the Minister may accept as sufficient in the circumstances.

(2) A claimant for disability benefit who fails or neglects for a period exceeding six months to submit or to continue to submit medical or other satisfactory evidence of the incapacity, shall be disqualified for receiving benefit in respect of any such period.

(3) Where the Minister is satisfied that there was good cause for the delay in submitting or continuing to submit evidence of the incapacity, he may extend the period of six months to the date on which the evidence is submitted.

PART III Payments

12. (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 or classes 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 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 place of residence,

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

( d ) in cash payable at a local office or at a post office.

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

13. (1) Subject to sub-article (4), benefit shall be paid--

( a ) in the case of unemployment benefit, disability benefit and unemployment assistance on such days and at such intervals as the Minister may determine in any particular class or classes of case,

( b ) in the case of retirement pension, invalidity pension, deserted wife's benefit, pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance (other than a lone parent's allowance payable in respect of a widow or a widower) and carer's allowance, weekly in advance on the Thursday of each week, and

( c ) in the case of old age (contributory) pension, widow's (contributory) pension, orphan's (contributory) allowance, old age pension, blind pension, widow's (non-contributory) pension, orphan's (non-contributory) pension and lone parent's allowance in respect of a widow or a widower, weekly in advance on the Friday of each week.

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

(b) Where a payment under paragraph ( b ) of sub-article (1) 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 paragraph ( c ) of sub-article (1) takes effect from a day 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 paragraph ( c ) of sub-article (1) 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) The Minister may in any particular class or classes or case, arrange for the payment or any benefit other than weekly in advance or otherwise.

14. (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.

15. Where benefit has been duly awarded to a claimant or beneficiary and is being paid to that person, the right to any sum payable by way of such benefit shall be extinguished where payment thereof is not obtained within six months

PART IV Payment to Persons other than the claimant or beneficiary.

16. (1) A claimant or beneficiary may nominate another person to receive payment of benefit on his 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, 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, where he considers it appropriate, withdraw his consent to a nomination under sub-article (1).

17. (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 appoint some other person to exercise 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 behalf.

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

( a ) disability benefit, by virtue of sections 21 (1) and 21 (2) of the Principal Act;

( b ) unemployment benefit, by virtue of sections 32 (1) and 32 (2) of the Principal Act;

( c ) old age (contributory) pension, by virtue of sections 81 (1) and 81 (2) of the Principal Act;

( d ) retirement pension, by virtue of sections 86 (1) and 86 (2) of the Principal Act;

( e ) invalidity pension, by virtue of sections 91 (1) and 91 (2) of the Principal Act;

( f ) widow's (contributory) pension, by virtue of section 95 (1) of the Principal Act;

( g ) deserted wife's benefit, by virtue of section 103 (1) of the Principal Act;

( h ) in respect of unemployment assistance--

(i) where the weekly rate payable is a scheduled rate, so much of the assistance as is payable by virtue of sections 137 (b) (i) and 137 ( b ) (ii) (inserted by section 27 of the Social Welfare Act, 1992 (No. 5 of 1992)), of the Principal Act;

(ii) where the weekly rate payable is less by reason of means than the applicable schedule rate, so much of the assistance as is payable by virtue of section 137 (b)(i) and 137 (b)(ii) of the Principal Act, reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate;

(i) in respect of old age pension or blind pension, so much of the pension as is payable in respect of a qualified child or qualified children together with any increase for a spouse:

Provided that, in the case of a person in respect of whom no increase is payable for a spouse, the rate payable in respect of a child dependant of such person shall be so much of the pension as is equal to the difference between the pension actually payable to the 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 ) 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 paragraphs (a) and ( b ) of section 156B (1) (inserted by section 24 of the Social Welfare Act, 1989 (No. 4 of 1989)), of the Principle Act,

(ii) where the weekly rate payable is less by reason of means than the applicable schedule rate, so much of the assistance as is payable by virtue of paragraghs (a) and (b) of section 156B (1) of the Principal Act, reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate; and

( k ) in respect of lone parent's allowance, so much of that allowance as is payable to the claimant or beneficiary in respect of a qualified child or qualified children by virtue of section 198C (1) (inserted by section 12 of the Social Welfare Act, 1990 (No. 5 of 1990)), of the Principal Act.

19. Notwithstanding the provisions of article 18 of these Regulations, in the case of a claimant or beneficiary who is living together with a person in respect of whom he is entitled to or in receipt of an increase of benefit, for an adult dependant, the Minister may, where the circumstances so warrant, appoint the adult dependant to receive and deal with on behalf of the claimant or beneficiary--

( a ) in respect of disability benefit, so much of the benefit as is payable by virtue of section 21 (2) of the Principal Act, together with one-half of the benefit as is payable by virtue of sections 20 and 21 (1) of that Act;

( b ) in respect of unemployment benefit, so much of the benefit as is payable by virtue of section 32 (2) of the Principal Act, together with one-half of the benefit as is payable by virtue of sections 31 and 32 (1) of that Act;

( c ) in respect of old age (contributory) pension, so much of the pension as is payable by virtue of section 81 (2) of the Principal Act, together with one-half of the benefit as is payable by virtue of sections 80 and 81 (1) of that Act;

( d ) in respect of retirement pension, so much of the pension as is payable by virtue of section 86 (2) of the Principal Act, together with one-half of the pension as is payable by virtue of section 85 and 86 (1) of that Act;

( e ) in respect of invalidity pension, so much of the pension as is payable by virtue of section 91 (2) of the Principal Act and one-half of the pension as is payable by virtue of sections 90 and 91 (1) of that Act;

( f ) in respect of unemployment assistance,

(i) where the weekly rate payable is a scheduled rate, so much of the assistance as is payable under section 137 (b) (ii) of the Principal Act, together with one-half of the aggregate sum of the appropriate rate of unemployment assistance as set out in column (2) of Part 1 of the Fourth Schedule to that Act and the increase in assistance payable by virtue of section 137 ( b ) (i) of the said Act,

(ii) where the weekly rate payable is less by reason of means than the applicable schedule rate, so much of the assistance as is payable by virtue of section 137 (b) (ii) of the Principal Act, together with one-half of the aggregate of--

(A) the appropriate rate of unemployment assistance as set out in column (2) of Part 1 of the Fourth Schedule to that Act, and

(B) the increase in assistance payable by virtue of section 137 ( b ) (i) of the said Act,

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

( g ) in respect of old age pension or blind pension--

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

(A) the rate of pension as set out in column (2) of Part 1 of the Fourth Schedule to that Act, and

(B) the increase in pension payable by virtue of section 162 (1) ( d ) of the said Act,

(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 or qualified children by virtue of section 161 (1) of the Principal Act, together with one-half of the difference between the pension payable to the applicant and any increase of pension payable in respect of a qualified child or qualified children by virtue of section 161 (1) of that Act; and

( 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 paragraph (b) of subsection (1) of section 156B of the Principal Act, 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 the Fourth Schedule to that Act and the increase in allowance payable by virtue of paragraph ( a ) of section 156B (1) of the said Act,

(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 paragraph (b) of section 156B (1) of the Principal Act together with one-half of the aggregate of--

(A) the appropriate rate of pre-retirement allowance as set out in column (2) of Part 1 of the Fourth Schedule to that Act, and

(B) the increase in allowance payable by virtue of paragraph ( a ) of section 156B (1) of the said Act,

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

PART V Payments on Death

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

21. (1) On the death of a claimant or beneficiary any sum payable in respect of any benefit may be paid or distributed by the Minister without probate or other proof of title of the personal representative or 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 person or 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 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 of any person of the age of sixteen years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister (and, in the case of benefit under Part II of the Principal Act, 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 sixteen, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the officer that he will apply the sum so paid for the benefit of the person under the age of sixteen.

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

PART VI Miscellaneous Provisions

22. A person who fails to comply with sub-article (1) of article 10 or sub-article (3) of article 14 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to the penalties provided for in section 294L (1) (a) (inserted by section 28 of the Social Welfare Act, 1993 (No. 5 of 1993)), of the Principal Act.

23. (1) The Minister may at any time revoke an appointment made under articles 17 (1), 18 or 19 of these Regulations and a person appointed may resign on giving to the Minister one month's notice on his intention to do so.

(2) The receipt of benefit by a person appointed under articles 17 (1), 18 or 19 of these Regulations shall be a good discharge to the Minister (and, in the case of benefit payable under Part II of the Principal Act, to the Minister and to the Social Insurance Fund) of any amount so paid.

24. The Regulations specified in column (1) of the Schedule hereto are hereby revoked to the extent specified in column (2) of the said Schedule.

SCHEDULE

Article 24

Revocation of Regulations

GIVEN under the Official Seal of the Minister for Social Welfare, this 25th day of June, 1993.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations consolidate existing regulatory provisions relating to the making of claims and payments.

They prescribe the time and manner for making a claim for the various social welfare payments and the information to be given by a person when making a claim. They also contain the provisions relating to claims made outside of the prescribed time.

The Regulations also provide for payments to be made to some one other than the claimant. These include payments to nominated and appointed persons, payments made to a dependent spouse living together with the claimant and payments after death.

They also revoke existing provisions which have been consolidated in these Regulations.