First Previous (CHAPTER 5 Allowances for Certain Women) Next (PART IV Children's Allowances)

1 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

CHAPTER 6

Supplementary Welfare Allowance

Interpretation.

[1975 SWA, ss. 1, 10]

199. —In this Chapter—

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

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

recipient” means a person entitled to supplementary welfare allowance;

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

Entitlement to supplementary welfare allowance.

[1975 SWA, s. 2]

200. —Subject to this Chapter, 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.

[1975 SWA, s. 3]

201. —(1) Any person who is receiving full-time instruction by day at any university, college, school or other educational establishment shall not be entitled to supplementary welfare allowance.

(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.

(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.

[1975 SWA, s. 4]

202. —(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.

(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.

(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.

[1975 SWA, s.5]

203. —(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.

(2) Subsection (1) shall not apply to any person who is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work and does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.

(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;

trade dispute” has the meaning assigned by section 35 (6).

Administration.

[1975 SWA, s. 6]

204. —(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.

(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.

(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.

(4) Any function in relation to the determination of the entitlement of any person to supplementary welfare allowance and the amount of any such allowance shall, subject to section 205 , be a function of the chief executive officer (within the meaning of section 13 of the Health Act, 1970 ) of the health board.

Appeals.

[1975 SWA, s. 7]

205. —(1) Where a person is dissatisfied with the determination by an officer of a health board of a claim by him for supplementary welfare allowance, an appeal shall lie against such determination to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.

(2) The Minister may by regulations made under section 219 provide for the making and determination of appeals under this section.

Conditions for grant of supplementary welfare allowance.

[1975 SWA, s. 8]

206. —A health board may, subject to regulations made by the Minister under section 219 , 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.

[1975 SWA, s. 9; 1980, s. 14]

207. —(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 209 , be taken to be—

(i) in the case of a person who has no means, the amount calculated in accordance with section 208 , or

(ii) in the case of a person who has means, the amount calculated in accordance with section 208 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 shall be calculated in accordance with section 210 .

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

(a) where a 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 husband, or of the wife, if she is 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 in determining 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.

[1975 SWA, s. 10; 1980, s. 14]

208. —(1) In the case of a person who has no means as determined by this Chapter and subject to any payment pursuant to section 209 , 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—

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

(b) the amount set out in column (4) of that Part in respect of a child dependant or each of two such children and, in addition, where there are more than two such children, the amount set out in column (5) of that Part in respect of each such child in excess of two.

(2) For the purposes of this section, the definition of adult dependant in section 2 (1) and columns (4) and (5) of Part I of the Fourth Schedule shall be construed as if “child dependant” and “child dependants”, respectively, were substituted for “qualified child” and “qualified children”.

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

[1975 SWA, s. 11]

209. —(1) Where the weekly amount of supplementary welfare allowance, if any, payable to a person pursuant to section 207 , 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.

(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.

(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.

Calculation of means.

[1975 SWA, s. 12]

210. —(1) The weekly means of a person for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with subsection (2).

(2) In calculating the weekly means of a person, account shall be taken of the following—

(a) all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and the actual or estimated amount of any income as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—

(i) any sums received by way of children's allowance under Part IV ,

(ii) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970 , and

(iii) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person);

(b) the value of any property belonging to such person (not being property personally used or enjoyed by him) which is invested or which, though capable of investment or profitable use, is not so invested or profitably used, the yearly value of the first £400 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of £400 being taken to be one-tenth part of the capital value; and the weekly value of the property being calculated as one fifty-second part of the yearly value so calculated;

[1979, s. 18]

(c) the value of any advantage accruing to such person from the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by the person;

(d) the value of any benefit or privilege enjoyed by such person;

(e) all income and the value of all property of which such person has directly or indirectly deprived himself in order to qualify himself for the receipt of supplementary welfare allowance.

(3) The Minister may by regulations vary the provisions of subsection (2).

Allowances in kind.

[1975 SWA, s. 13]

211. —(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.

(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.

(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.

[1975 SWA, s. 14]

212. —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.

[1975 SWA, s. 15]

213. —(1) Nothing in section 201 , 202 or 203 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 206 to 210 or in any regulations made under this Chapter which appears to it inappropriate in the circumstances of the case.

(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.

Liability to maintain dependants.

[1975 SWA, s. 16]

214. —(1) For the purposes of this Chapter and without prejudice to any obligations imposed by law or otherwise, the following provisions shall have effect—

(a) every man shall be liable to maintain such of his legitimate children as are under the age of 16 years;

(b) every woman shall be liable to maintain such of her children as are under the age of 16 years;

(c) every married man shall be liable to maintain his wife and any child of his wife who was born before her marriage to him and is under the age of 16 years; and

(d) every married woman shall be liable to maintain her husband.

(2) Every reference in this Chapter to a person who is liable to maintain another person shall be construed as meaning a person who by virtue of subsection (1) is liable to maintain such other person.

Recovery of and contributions to supplementary welfare allowance.

[1975 SWA, s. 17]

215. —(1) Where a health board grants supplementary welfare allowance to any recipient, every person who is liable to maintain that recipient shall be liable to contribute to the health board according to his ability towards any allowance so granted.

(2) Whenever a person who is liable to contribute to supplementary welfare allowance granted to the recipient fails or neglects to make such contribution, the health board concerned may apply to the District Court for an order directing the person liable to contribute to make such contribution to the allowance so granted.

(3) Before making an application to the District Court under subsection (2), the health board concerned shall serve notice of the application on the person liable to contribute.

(4) Whenever the District Court is satisfied that the person liable to contribute to a grant of supplementary welfare allowance to the recipient is, at the time of the hearing of an application by a health board under subsection (2), able to contribute to the allowance so granted, the District Court shall fix the amount of the contribution to be made by the person so liable and shall order the payment thereof to the health board either by way of a lump sum payment or by way of such weekly or monthly instalments as the Court shall think proper.

(5) A health board shall not recover by means of an application under subsection (2) in relation to supplementary welfare allowance granted to a person a greater amount than the allowance so granted together with the costs of the proceedings or, where a contribution has been made in pursuance of this section without any such application, a greater amount than the difference between such contribution and the allowance so granted together with the costs of the proceedings.

Arrangements for burials.

[1975 SWA, s. 18]

216. —(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.

(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.

(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

(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.

[1975 SWA, s. 19]

217. —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.

[1975 SWA, s. 20; S.I. No. 156 of 1977]

218. —(1) Every local authority which, immediately before 1st 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 31st 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 31st 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 31st December, 1975, bears to the total expenditure by all local authorities on such assistance in that year.

(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.

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

(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.

(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 217 .

(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.

(7) References to supplementary welfare allowance in this section shall be construed as including reference to the cost of burials pursuant to section 216 .

(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 as is not met by income under this section.

Regulations.

[1975 SWA, s. 21]

219. —(1) The Minister may make regulations—

(a) in relation to any matter relating to supplementary welfare allowance and such regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I , II and VIII , and

(b) for any purpose in relation to which regulations are provided for by any of the provisions of this Chapter.

(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.

Transfers of certain property.

[1975 SWA, s. 22]

220. —(1) All property transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975 , to a health board and which, immediately before 1st 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.

(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.

(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 1st 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.

[1975 SWA, s. 23]

221. —(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.

(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 is in force immediately before the commencement of this Act,

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.

(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.

[1975 SWA, s. 25]

222. —(1) The Minister may by regulations make, in respect of any statute, order or regulation in force on 1st 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.

(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 1st July, 1977.

(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 220 is payable to a health board may be brought and maintained by the health board.