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6 1998

SOCIAL WELFARE ACT, 1998

PART V

Miscellaneous Provisions

Sums paid into and out of Social Insurance Fund.

16. —The Principal Act is hereby amended by the substitution for subsection (4) of section 7 of the following subsection:

“(4) Save where otherwise specifically provided—

(a) sums payable into the Fund shall be paid into either the current account of the Fund or the investment account of the Fund, and

(b) sums payable out of the Fund shall be paid out of the current account of the Fund.”.

Actuarial review.

17. —The Principal Act is hereby amended by the insertion after section 7 of the following section:

“Actuarial review.

7A.—(1) The Minister shall cause—

(a) actuarial reviews to be made into the financial condition of the Social Insurance Fund by such persons as the Minister may decide for the purpose of determining the extent to which the Fund may be expected, in the longer term, to meet the demands in respect of payment of benefits and other payments, having regard, in particular, to the adequacy or otherwise of the contributions to support benefits and other payments and such other matters as the Minister considers to be relevant as affecting the current and future financial condition of the Fund,

(b) a report to be made to the Minister on completion of any such review, and

(c) a copy of every report under this section to be laid before each House of the Oireachtas within 6 months of the completion of the review.

(2) The date of completion of the first actuarial review under this section shall be a date not later than the 31st day of December, 2002, and the date of completion of each subsequent review shall be a date not later than 5 years after the date of completion of the immediately preceding review.”.

Pre-retirement allowance — consolidation of provisions.

18. —The Principal Act is hereby amended by the substitution for Chapter 3 of Part III of the following Chapter:

“CHAPTER 3

Pre-Retirement Allowance

Entitlement to allowance.

127.—(1) Subject to this Act, an allowance (in this Chapter referred to as ‘pre-retirement allowance’) shall be payable in respect of any period of retirement to a person—

(a) who has attained the age specified by regulations but has not attained pensionable age,

(b) whose weekly means, subject to subsection (4), do not exceed the amount of pre-retirement allowance (including any increases thereof) that would be payable to the person under this Chapter if that person had no means, and

(c) (i) who has been in receipt of unemployment benefit or unemployment assistance in respect of not less than 390 days of unemployment in any continuous period of unemployment in the immediately preceding period as construed in accordance with section 120(3),

(ii) being a separated spouse, has not engaged in remunerative employment or self-employment at any time in such preceding period as may be prescribed, or

(iii) immediately before the week in respect of which pre-retirement allowance is claimed, was in receipt of—

(A) one-parent family payment, but has ceased to be entitled to such payment by virtue of no longer being regarded as a qualified parent within the meaning of section 157(1), or

(B) carer's allowance, but has ceased to be entitled to such allowance, by virtue of no longer being regarded as a carer within the meaning of section 163(1).

(2) (a) For the purposes of subsection (1)(c)(ii) and subject to section 3(12) a person who is separated from his or her spouse, shall continue to be regarded as a separated spouse where the marriage has been dissolved, being a dissolution that is recognised as valid in the State.

(b) Pre-retirement allowance shall, subject to this Chapter, continue to be payable to a person to whom subsection (1)(c)(ii) applies, unless that person remarries or cohabits as husband and wife, in which case the allowance shall cease.

(3) In this Chapter ‘weekly means’ shall, subject to Rule 1(6A), be the yearly means divided by 52; means shall be calculated in accordance with the Rules contained in Part I of the Third Schedule.

(4) Where the spouse of a claimant for pre-retirement allowance is not the claimant's qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 245A, the means of the claimant shall be taken to be one-half of the means.

Rates of allowance (including increases for qualified adult and children).

128.—(1) Subject to this section and section 122, the rate of pre-retirement allowance (in this Chapter referred to as ‘the scheduled rate’) shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by—

(a) the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled to an increase under this paragraph in respect of more than one person, and

(b) the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary.

(2) Pre-retirement allowance shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £2, at the scheduled rate, and

(b) such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pre-retirement allowance would be payable is—

(i) equal to or greater than 10p but less than £1, the allowance shall be payable at the weekly rate of £1, and

(ii) less than 10p, the allowance shall not be payable.

(3) Any increase of pre-retirement allowance payable pursuant to paragraph (b) of subsection (1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary is not a qualified adult and paragraph (b) of subsection (1) shall be construed and have effect accordingly.

Regulations.

129.—The Minister may make regulations for the purpose of giving effect to this Chapter and such regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the age for the purposes of section 127(1)(a),

(b) specify the periods which shall be regarded as periods of retirement for the purposes of this Chapter,

(c) specify the circumstances in which a person is to be regarded as a separated spouse for the purposes of section 127(1)(c)(ii), and

(d) vary the weekly rate of pre-retirement allowance under section 128, but any such variation shall not reduce the weekly rates applicable immediately before the commencement of such regulations.

Integration of single woman's allowance scheme with pre-retirement allowance scheme.

130.—(1) Notwithstanding this Chapter and regulations made hereunder, where, immediately before the 5th day of November, 1992 (in this Chapter referred to as ‘the appointed day’) a woman, who had not attained pensionable age, was in receipt of single woman's allowance, pre-retirement allowance shall be payable to her from the appointed day at the same rate as the said single woman's allowance which was payable to her immediately before the said day:

Provided that she continues to satisfy the conditions as to means in accordance with section 127(3).

(2) For the purposes of subsection (1), a woman who was in receipt of single woman's allowance immediately before the appointed day shall be deemed—

(a) to be retired within the meaning of regulations made for the purposes of section 129(b), and

(b) to have complied with the requirement contained in section 127(1)(b).

(3) Any decision made by a deciding officer or by an appeals officer in relation to the award of a single woman's allowance to a woman prior to the appointed day shall be deemed to be a decision to award pre-retirement allowance to such person on and from the said day.

(4) In this Chapter a reference to ‘single woman's allowance’ means single woman's allowance which was payable by virtue of section 198 (repealed by section 37 of the Social Welfare Act, 1992 ) of the Social Welfare (Consolidation) Act, 1981 , and regulations made thereunder.”.

Blind pension.

19. —The Principal Act is hereby amended by the substitution for subsection (1) of section 141 of the following subsection:

“141.—(1) Subject to this Act—

(a) subject to paragraph (b), every blind person who has attained the age of 18 years shall be entitled to receive and to continue to receive such pension (in this Act referred to as ‘a blind pension’) as, under Chapter 4 of this Part, he or she would be entitled to receive if he or she had attained pensionable age, subject to the modification that—

(i) the rate of blind pension payable shall be the weekly rate set out in column (2), reference 5 in Part I of the Fourth Schedule, and

(ii) the increase payable by virtue of section 137(a), where the beneficiary has attained pensionable age, shall be as set out in Part II of the Fourth Schedule and in all other cases shall be as set out in Part IIA of the Fourth Schedule,

and

(b) the provisions of the said Chapter 4 shall apply in all respects in the case of such person, subject to the modifications that for the statutory conditions contained in section 134(a) there shall be substituted the conditions that the person must—

(i) have attained the age of 18 years, and

(ii) be so blind that he or she either cannot perform any work for which eyesight is essential or cannot continue his or her ordinary occupation.”.

Recovery of debts.

20. —(1) The Principal Act is hereby amended by the insertion after section 279A (inserted by section 31 of the Act of 1997) of the following section:

“Recovery of debts.

279B.—Where a person has received moneys from the Department of Social, Community and Family Affairs, which he or she was not entitled to receive, such person shall be liable to repay—

(a) in the case of benefit, to the Social Insurance Fund,

(b) in the case of assistance (other than supplementary welfare allowance), child benefit, family income supplement or continued payment for qualified children, to the Minister,

(c) in the case of supplementary welfare allowance, to the health board,

on demand a sum not exceeding the amount of such money received.”.

(2) Section 281 of the Principal Act is hereby amended by the substitution for subsections (6) and (7) of the following subsections:

“(6) Any benefit, assistance, family income supplement or continued payment for qualified children repayable in accordance with section 278, 279, 279A or 279B may, without prejudice to any other method of recovery, be recovered by deduction from any benefit, assistance (except supplementary welfare allowance) or family income supplement to which such person then is or becomes entitled.

(7) Any child benefit repayable in accordance with section 278, 279, 279A or 279B may, without prejudice to any other method of recovery, be recovered by deduction from any payment or payments on account of child benefit to which such person then is or becomes entitled.”.

Disablement benefit — claims made outside the prescribed time.

21. —Section 205 of the Principal Act (as amended by section 32 of the Act of 1997) is hereby amended by—

(a) the insertion in subsection (2)(c) after “occupational injuries benefit” of “(other than disablement benefit under section 54, an increase in disablement benefit under sections 56 and 57 or death benefit by way of pension under sections 60, 61 and 62)”, and

(b) the substitution for subsection (2)(d), (e) and the proviso of the following paragraphs and proviso:

“(d) in the case of disability benefit, sickness allowance or disability allowance, in respect of any period more than 7 days before the date on which the claim is made,

(e) in the case of maternity benefit—

(i) where the claim is made before the end of the week of confinement, payment in respect of any period before the beginning of the week in which the claim is made,

(ii) where the claim is made after the end of the week of confinement, payment in respect of any period before the beginning of the seventh week before the week in which the claim is made not being earlier than the commencement of the week of confinement, and

(f) in the case of disablement benefit under section 54, an increase in disablement benefit under section 56 or section 57 or death benefit by way of pension under sections 60, 61 or 62, in respect of any period more than 3 months before the date on which the claim is made:

Provided that in the case of a benefit to which paragraphs (c), (d), (e) or (f) apply, where a claimant proves to the satisfaction of a deciding officer or an appeals officer that—

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

(II) throughout the period between the earlier date and the date on which his or her claim was made there was good cause for the delay in making a claim, he or she shall not be disqualified for receiving payment in respect of any such period referred to in subparagraph (I) which does not exceed 6 months before the date on which the claim is made.”, and

(c) the substitution in subsection (2D) for “an officer of the Minister appointed by the Minister for this purpose.” of “a deciding officer or an appeals officer, as the case may be.”.

Offences — non-disclosure of information.

22. —The Principal Act is hereby amended by the substitution for section 221 of the following section:

“Information required by Minister.

221.—(1) For the purposes of controlling and investigating entitlement to any benefit, under this Act or under schemes administered by or on behalf of the Minister, the Minister may require such persons as may be prescribed to provide him or her with such information in relation to such persons or classes of persons as may be prescribed.

(2) A person who fails to comply with a requirement made of him or her under subsection (1) or regulations made thereunder shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.”.

Appointment of officers.

23. —(1) The Principal Act is hereby amended by the substitution for subsection (1) of section 212 of the following subsection:

“Social welfare inspectors.

212.—(1) The Minister, or an officer authorised in that behalf by special or general directions of the Minister, may appoint such and so many officers as is appropriate to be social welfare inspectors for the purposes of such provisions of Parts II, III, IV, V, VA, IX and this Part as he or she may determine in the case of such appointments.”.

(2) A social welfare inspector appointed under section 212(1) of the Principal Act and holding office immediately before the commencement of this section shall continue in office as if appointed under subsection (1) (inserted by this section) of section 212.

Liable relative.

24. —(1) Section 2 of the Principal Act is hereby amended by the insertion after subsection (4) (inserted by section 38 of the Act of 1996) of the following subsection:

“(5) Subject to Part IX of this Act ‘liable relative’ means in relation to any person—

(a) a man who is liable to maintain—

(i) his wife,

(ii) his former wife where the marriage has been dissolved, being a dissolution that is recognised as valid in the State,

while she is in receipt of an allowance or benefit, and

(iii) any qualified child of his in respect of whom an increase in allowance or benefit is payable to the mother, or

(b) a woman who is liable to maintain—

(i) her husband,

(ii) her former husband where the marriage has been dissolved, being a dissolution that is recognised as valid in the State,

while he is in receipt of an allowance, and

(iii) any qualified child of hers in respect of whom an increase in allowance is payable to the father.”.

(2) Section 247 of the Principal Act (as amended by section 29 of the Act of 1997) is hereby amended by the substitution in subsection (2) for paragraph (dd) (inserted by section 7(3) of the Act of 1996) and (e) of the following paragraphs:

“(e) Part VA (continued payment for qualified children),

(f) Part VI (general provisions relating to social insurance, social assistance and insurability), and

(g) Part IX (liability to maintain family).”.

(3) Section 29(1)(b) of the Act of 1997 is hereby revoked.

(4) Section 284(1) of the Principal Act is hereby amended by the substitution for the definition of “allowance” of the following definition—

“‘allowance’ means one-parent family payment, supplementary welfare allowance or a relevant payment by virtue of section 18 (1)(a) or (b) of the Social Welfare Act, 1996 ,”.

(5) Section 286 (as amended by section 29 of the Act of 1997) of the Principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

“(4) Where a judge of the District Court is satisfied that, at the time of the hearing of an application by the competent authority under subsection (2), the liable relative had failed or neglected to make the contribution required under this section and was able to contribute to the allowance granted, the judge shall order the payment thereof to the competent authority in such a manner as he or she considers proper.”.

Commencement (Part V).

25. —This Part shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.