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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 11

Supplementary Welfare Allowance

Interpretation.

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

170.—In this Chapter—

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

adult dependant” means—

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

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

(i) a single person,

(ii) a widow,

(iii) a widower, or

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

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

home assistance” means home assistance within the meaning of the Act of 1939;

public assistance authority” means a public assistance authority within the meaning of section 8 of the Act of 1939, as extended by section 7 of the Health Authorities Act, 1960 , and section 84 of the Health Act, 1970 ;

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

Entitlement to supplementary welfare allowance.

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

171.—Subject to this Act, every person in the State whose means are insufficient to meet his needs and the needs of any adult or child dependant of his shall be entitled to supplementary welfare allowance.

Exclusion of persons receiving full-time education.

[1993, s. 14(3)]

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

[1981, s. 201(2)]

(2) Subsection (1) is without prejudice to the entitlement of any person to receive supplementary welfare allowance in respect of a person referred to in that subsection who is his adult or child dependant.

[1981, s. 201(3)]

(3) Notwithstanding subsection (1), supplementary welfare allowance may, in a case in which there are exceptional circumstances, be granted to a person who would be entitled to receive supplementary welfare allowance but for that subsection.

Exclusion of persons in full-time employment.

[1981, s. 202(1)]

173.—(1) Subject to subsections (2) and (3), a person shall not be entitled to supplementary welfare allowance in relation to any period during which he is engaged in remunerative full-time work.

[1981, s. 202(2)]

(2) The Minister may by regulations provide for the postponement of the operation of subsection (1) in respect of any class of persons becoming engaged in remunerative full-time work until such period after the commencement of the engagement as may be specified in the regulations.

[1981, s. 202(3)]

(3) Subsection (1) shall not apply in the case of any person engaged in remunerative full-time work where the earning power of such person is, by reason of any physical or mental disability, substantially reduced in comparison with the earning power of other persons engaged in similar work.

Persons affected by trade disputes.

[1981, s. 203(1)]

174.—(1) In any case where, by reason of a stoppage of work due to a trade dispute at his place of employment, a person is without employment for any period during which the stoppage continues, and such person has not, during that stoppage, become bona fide employed elsewhere in the occupation which he usually follows, or has not become regularly engaged in some other occupation, his needs for that period shall be disregarded for the purpose of ascertaining his entitlement to supplementary welfare allowance except in so far as such needs include the need to provide for his adult or child dependants.

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

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

[1981, s. 203(3)]

(3) In this section, “place of employment” in relation to any person, means the factory, workshop, farm or other premises or place at which he was employed, but, where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of this section, be deemed to be a separate factory or workshop or farm or separate premises or a separate place, as the case may be.

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

175. —(1) Subject to the general direction and control of the Minister, each health board shall, in respect of its functional area, be responsible for the administration of the functions relating to supplementary welfare allowance and other functions performable under this Chapter.

[1981, s. 204(2)]

(2) Every health board shall grant to every person in its functional area who is eligible therefor such supplementary welfare allowance as is determined, in accordance with this Chapter, to be due to such person.

[1981, s. 204(3)]

(3) Any doubt or dispute as to which health board shall be responsible for the provision of supplementary welfare allowance to a particular person or to persons of a particular class shall be decided by the Minister.

Conditions for grant of supplementary welfare allowance.

[1981, s. 206]

176.—A health board may, subject to regulations made by the Minister under section 188, determine that a person shall not be entitled to supplementary welfare allowance unless—

(a) he is registered for employment in such manner as the Minister may prescribe, and

(b) he makes application for any statutory or other benefits or assistance to which he may be entitled including such benefits or assistance from countries other than the State.

Calculation of supplementary welfare allowance.

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

177.—(1) The amount of supplementary welfare allowance to which a person is entitled shall be the amount by which his means fall short of his needs, and for the purpose of ascertaining that amount—

(a) the weekly needs of a person shall, subject to any payment pursuant to section 179, be taken to be—

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

(ii) in the case of a person who has means, the amount calculated in accordance with section 178 which would be appropriate in his case if he had no means, reduced by 5p per week for every 5p or part of 5p of his weekly means,

(b) the weekly means of any person for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with the Rules contained in Part III of the Third Schedule .

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

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

(a) where—

(i) a husband and wife, or

(ii) a man and woman who are not married to each other but are cohabiting as husband and wife,

are members of the same household, their needs and means shall be aggregated and shall be regarded as the needs and means of the claimant;

(b) in the case of a person with a child dependant his needs shall be taken to include the needs of that child dependant;

(c) where the needs of any person are taken into account indetermining the entitlement of any other person to supplementary welfare allowance, only such other person shall be entitled to an allowance.

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

178. —(1) In the case of a person who has no means as determined by this Chapter and subject to any payment pursuant to section 179, the weekly amount of supplementary welfare allowance payable shall be as set out in column (2) of Part I of the Fourth Schedule , increased by—

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

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

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

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

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

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

[1981, s. 209(1)]

179.—(1) Where the weekly amount of supplementary welfare allowance, if any, payable to a person pursuant to section 177, and any other income, including any payment under this Act or under any other statute, of that person, is not sufficient to meet his needs, then—

(a) in any case where that person is in receipt of supplementary welfare allowance, the weekly amount of such allowance payable to that person may, subject to this section, be increased, or

(b) in any other case, a weekly payment of supplementary welfare allowance may be made, subject to this section, to supplement that person's other income.

[1981, s. 209(2)]

(2) The Minister may prescribe—

(a) the circumstances under which a payment may be made to any person pursuant to subsection (1), and

(b) the amounts of payments to be made either generally or in relation to a particular class of persons.

[1981, s. 209(3)]

(3) Regulations under subsection (2) may provide for the granting of allowances in kind in relation to specified needs and for all matters ancillary to and consequent on the provision of such allowances.

Allowances in kind.

[1981, s. 211(1)]

180.—(1) Whenever it appears to a health board that by reason of exceptional circumstances the needs of a person can best be met by the provision of goods or services instead of the whole or part of any payment to which he would otherwise be entitled under this Chapter, the health board may determine that such goods or services be provided for him under arrangements made by the board.

[1981, s. 211(2)]

(2) In making a determination under this section to meet sudden and urgent need, the health board may dispense with inquiry into means or other circumstances and with compliance with any regulations made under this Chapter.

[1981, s. 211(3)]

(3) In relation to any goods or services provided by a health board pursuant to subsection (1), references in this Chapter to the amount of supplementary welfare allowance shall be deemed to be references to the value of the goods or services so provided.

Power to make single payment for exceptional need.

[1981, s. 212]

181.—A health board may, in any case where it considers it reasonable, having regard to all the circumstances of the case, so to do, determine that supplementary welfare allowance shall be paid to a person by way of a single payment to meet an exceptional need.

Grant of supplementary welfare allowance in cases of urgency.

[1981, s. 213(1)]

182.—(1) Nothing in section 172, 173 or 174 shall prevent the payment of supplementary welfare allowance in an urgent case and, in determining whether an allowance is payable by virtue of this section and the amount or nature of the allowance, the health board shall not be bound by anything contained in sections 176 to 179 and Part III of the Third Schedule or in any regulations made under this Chapter which appears to it inappropriate in the circumstances of the case.

[1981, s. 213(2)]

(2) Where pursuant to subsection (1) supplementary welfare allowance is paid to a person who is engaged in remunerative full-time work, a health board may, if it is satisfied that in all the circumstances of the case it would be equitable so to do, determine that the whole or part of the allowance so paid shall be recoverable from the person to whom it is paid.

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

[1990, s. 38]

183.—Where—

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

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

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

Recoupment of supplementary welfare allowance.

[1992, s. 46]

184.—Where—

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

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

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

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

Arrangements for burials.

[1981, s. 216(1)]

185.—(1) A health board may provide for the burial of any of the following persons—

(a) a person who died within the functional area of the health board and in respect of whose burial suitable arrangements are not otherwise being made,

(b) a person who has been drowned and cast ashore within its functional area or who has otherwise perished and been found dead within that area and (in either case) whose body has not been claimed for burial.

[1981, s. 216(2)]

(2) A health board may, in any case in which it thinks proper, bring into and bury in its functional area the body of a person eligible for supplementary welfare allowance who has died outside such functional area.

[1981, s. 216(3)]

(3) A health board may defray all expenses necessarily incurred in the burial under this section of a person or in the bringing of the body of a person into its functional area for burial.

[1981, s. 216(4)]

(4) Where a health board incurs under this section expenses in relation to the body of a deceased person, it may obtain repayment of such expenses from the estate of the deceased person or from any person who was liable to maintain the deceased person immediately before his death.

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

[1981, s. 217]

186.—A health board shall submit estimates of income and expenditure in respect of supplementary welfare allowance to the Minister in such form, at such times and in relation to such periods as the Minister, with the consent of the Minister for Health, may direct and shall also furnish the Minister with any information he requires in relation to such estimates.

Financing of health board expenditure.

[1981, s. 218(1)]

187.—(1) Every local authority which, immediately before the 1st day of July, 1977, was a public assistance authority shall pay to the health board in whose functional area the functional area of the local authority is included in respect of each year a sum representing—

(a) the total expenditure by such local authority on home assistance in the year ending on the 31st day of December, 1975, and

(b) a proportion of 40 per cent. of the amount by which the total expenditure by all health boards on supplementary welfare allowance in the year for which payment is due exceeds the total expenditure by all local authorities on home assistance in the year ending on the 31st day of December, 1975, the said proportion of 40 per cent. payable by such authority being that which the total expenditure on home assistance by that authority in the year ending on the 31st day of December, 1975, bears to the total expenditure by all local authorities on such assistance in that year.

[1981, s. 218(1)]

(2) In determining the amount of expenditure on home assistance and supplementary welfare allowance for the purposes of subsection (1), the costs of administration shall be excluded.

[1981, s. 218(3)]

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

[1981, s. 218(4)]

(4) Section 32 of the Health Act, 1970 , which relates to the agreement or, in the absence of agreement, the determination of the manner of the sharing of contributions between local authorities, shall with any necessary modifications apply to payments under subsection (3) in like manner as it applies to contributions under the said section 32.

[1981, s. 218(5)]

(5) The Minister may by regulations specify the manner in which and the times at which payments shall be made by local authorities to health boards under subsection (1) and, where appropriate, any such regulations may provide for interim payments calculated in accordance with estimates furnished by a health board pursuant to section 186.

[1981, s. 218(6)]

(6) (a) Where any sum is due and payable under this Chapter to a health board by a local authority, the amount of that sum may be deducted from any money payable to that local authority from funds provided by the Oireachtas for any purpose whatsoever.

(b) Every amount deducted pursuant to paragraph (a) shall be paid to the health board concerned and shall be credited in the accounts of that health board as a payment by the local authority concerned of the sum in respect of which the amount was so deducted.

[1981, s. 218(7)]

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

[1983, s. 15(a)]

(8) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards to defray so much of their expenditure on supplementary welfare allowance and costs of administration of that allowance as is not met by income under this section.

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

(9) Notwithstanding any other provision of this section—

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

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

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

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

Regulations.

[1981, s. 219(1)]

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

[1981, s. 219(2)]

(2) Without prejudice to any specific provision in this Chapter, any regulations made under this Chapter may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.

Transfer of certain property.

[1981, s. 220(1)]

189.—(1) All property transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975, to a health board and which, immediately before the 1st day of July, 1977, was standing in the book of any bank or was registered in the books of any bank, corporation or company in the name of a public assistance authority shall, on the request of the health board, be transferred in the books by the bank, corporation or company into the name of the health board.

[1981, s. 220(2)]

(2) Every chose-in-action transferred by the said section 22 to a health board may be sued on, recovered or enforced by the health board in its own name and it shall not be necessary for the board to give notice to the person bound by the chose-in-action of the transfer effected by that section.

[1981, s. 220(3)]

(3) Every bond, guarantee or other security of a continuing character made or given by a public assistance authority in pursuance of its functions under the Act of 1939 to another person, or by any person to a public assistance authority in connection with those functions, which was in force immediately before the 1st day of July, 1977, and every contract or agreement in writing in connection with the said functions made between a public assistance authority and another person which was not fully executed and completed before that date shall be construed and have effect as if the name of the health board in whose functional area the functional area of the public assistance authority is included were substituted therein for the name of the public assistance authority, and the security, contract or agreement shall be enforceable by or against the health board accordingly.

Transfer of certain officers and enforceability of contracts.

[1981, s. 221(1)]

190.—(1) Any question arising as to whether a particular officer or officers of a particular class of a public assistance authority was or were transferred to a health board pursuant to section 23 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975, shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate, and, if it is decided that any such officer was so transferred, then, for the purpose of any enactment relating to superannuation, his office under the public assistance authority shall be deemed not to have been abolished.

[1981, s. 221(2)]

(2) Every contract of service, express or implied, which—

(a) was made between a public assistance authority and any person who was not an officer of that authority but was a person to be transferred to a health board pursuant to the said section 23, and

(b) was continued in force by subsection (6) of that section and was in force immediately before the 24th day of February, 1981,

shall continue in force and shall continue to be construed and have effect as if the health board were substituted therein for the public assistance authority, and every such contract shall be enforceable by or against the health board accordingly.

[1981, s. 221(3)]

(3) Any question arising in relation to subsection (2) as to whether a particular person or persons of a particular class was or were a person or persons to be transferred pursuant to the said section 23 shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate.

Transitional provisions.

[1981, s. 222(1)]

191.—(1) The Minister may by regulations make, in respect of any statute, order or regulation in force on the 1st day of July, 1977, and relating to any matter or thing dealt with or affected by this Chapter, any adaptation or modification which appears to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Chapter.

[1981, s. 222(2)]

(2) Any proceedings for the recovery of a sum which, if the Social Welfare (Supplementary Welfare Allowances) Act, 1975, had not been passed, could have been taken by a public assistance authority may be taken by the health board in whose functional area the functional area of the public assistance authority was included immediately before the 1st day of July, 1977.

[1981, s. 222(3)]

(3) Any proceedings for the enforcement, variation or revocation of an order under section 29 of the Act of 1939 for the payment of money which by virtue of section 189 is payable to a health board may be brought and maintained by the health board.