First Previous (PART V FAMILY INCOME SUPPLEMENT) Next (CHAPTER 2 Provisions Relating to Entitlement)

27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

PART VI

GENERAL PROVISIONS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE AND INSURABILITY

Preliminary

Definitions.

[1993, s. 27]

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

benefit” means—

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

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

(c) child benefit, or

(d) family income supplement.

CHAPTER 1

Claims and Payments

Claims.

[1993, s. 27]

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

[1993, s. 27]

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

[1993, s. 27]

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

[1993, s. 27]

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

Payments.

[1993, s. 27]

206.—(1) Regulations may provide for—

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

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

(c) in consultation with An Post, the payment of specified benefits through An Post.

[1993, s. 27]

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

(a) notwithstanding anything contained in this Act—

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

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

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

Payment to persons other than claimant or beneficiary.

[1993, s. 27]

207.—(1) Regulations may provide—

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

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

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

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

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

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

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

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

[1993, s. 27]

(2) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing benefit, and that in any such case the sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others.

Statutory declarations.

[1993, s. 27]

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