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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 6

Miscellaneous Provisions

Provisions as to maintenance.

[1981, s. 126]

230.—Regulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of Part II to be wholly or mainly maintaining another person.

Free certificates.

[1981, s. 127(1)]

231.—(1) The Minister may arrange for the issue for the purposes of Part II of medical certificates or certificates of expected or actual confinement free of charge.

[1981, s. 127(2)]

(2) The expenses incurred in giving effect to this section shall not exceed such sums as may from time to time be agreed upon between the Minister and the Minister for Finance.

Stamp duty.

[1981, s. 302]

232.—Stamp duty shall not be chargeable upon any document by which any payment, refund, repayment or return pursuant to this Act is made.

Birth, marriage and death certificates.

[1981, s. 303(1); S.I. No. 278 of 1987, A. 10]

233.—(1) Where, for the purposes of this Act (other than Chapter 11 of Part III ), the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health, be entitled to obtain, on payment of the fee set out therefor—

(a) a copy of an entry in a register of birth — 70p,

(b) a copy of an entry in a register of deaths — 70p,

(c) a copy of an entry in a register of marriages — 70p,

certified under the hand of the registrar or superintendent registrar or other person having the custody thereof.

[1981, s. 303(2)]

(2) Where, for the purposes of Chapter 11 of Part III or regulations made under that Chapter, the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death, any person shall, on presenting a written request in such form and containing such particulars as may be directed by the Minister for Health, be entitled free of charge to obtain a certified copy of the entry of the birth, marriage or death (as the case may be) of that person in the register of births, marriages or deaths (as the case may be) under the hand of the registrar or superintendent registrar or other person having the custody thereof.

[1981, s. 303(3)]

(3) Forms for the purposes of subsections (1) and (2) shall be supplied on request without any charge by every registrar of births and deaths and by every superintendent registrar or other person having the custody of the register.

[1981, s. 303(4)]

(4) The Minister for Health may, with the consent of the Minister and the Minister for Finance, by regulations alter the fees set out in subsection (1).

Inalienability.

[1981, s. 304; 1986, s. 17(1); S.I. No. 279 of 1991, A. 22]

234.—Subject to this Act, every assignment of or charge on, and every agreement to assign or charge, any benefit shall be void and on the bankruptcy of any person entitled to benefit, shall not pass to any trustee or other person acting on behalf of the creditors.

Means for purpose of Debtors Act (Ireland), 1872.

[1981, s. 305; 1981AM, s. 19; 1986, s. 17(1); S.I. No. 279 of 1991, A. 22]

235.—Any sum received by any person by way of benefit shall not be included in calculating that person's means for the purposes of section 6 of the Debtors Act (Ireland), 1872.

Exclusion in assessment of damages.

[1981, s. 306(1); 1986, s. 17(1); 1990, s. 13]

236.—(1) In assessing damages in any action under the Fatal Injuries Act, 1956 , or Part IV of the Civil Liability Act, 1961 , whether commenced before or after the 24th day of February, 1981, there shall not be taken into account any child benefit, widow's (contributory) pension, orphan's (contributory) allowance, lone parent's allowance in the case of a person who qualifies for such allowance by virtue of being a widow or widower or widow's or orphan's (non-contributory) pension.

[1981, s. 306(2); 1984, s. 12(2); 1986, s. 17(1)]

(2) Subject to sections 75 and 237, in assessing damages in any action in respect of injury or disease or in computing the amount of compensation under paragraph (1)(a)(ii) of the First Schedule to the Workmen's Compensation Act, 1906, or under Rule 2 or 4 of the Second Schedule to the Workmen's Compensation Act, 1934 , there shall not to be taken into account any benefit under Part II, widow's or orphan's (non-contributory) pension or child benefit.

Taking of disability benefit and invalidity pension into account in assessing certain damages.

[1990, s. 46(1)]

237.—(1) Notwithstanding section 2 of the Civil Liability Act, 1964, and section 236, in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle (within the meaning of section 3 of the Road Traffic Act, 1961 ), there shall be taken into account the value of any rights arising from such injuries which have accrued, or are likely to accrue, to the injured person in respect of disability benefit (including any amount payable therewith by way of pay-related benefit) or invalidity pension under Part II for the period of 5 years beginning with the time when the cause of action accrued.

[1990, s. 46(1)]

(2) The reference in subsection (1) to damages shall, in a case where the damages are subject to reduction under the law of contributory negligence or are limited by or under any Act, be construed as a reference to the total damages which would have been recoverable apart from the reduction or limitation.

[1984, s. 12(3); 1990, s. 46(2)]

(3) This section shall apply—

(a) in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, which is required to be covered by an approved policy of insurance, where such action is instituted on or after the 30th day of March, 1984, and

(b) in assessing damages in any other action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, where such action is instituted on or after the 4th day of April, 1990.

[1984, s. 12(1)]

(4) In subsection (3)—

approved policy of insurance” means a policy of insurance which, by virtue of section 62 of the Road Traffic Act, 1961 (as amended by the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975 (S.I. No. 178 of 1975)) is an approved policy of insurance for the purposes of that Act;

mechanically propelled vehicle” has the meaning assigned by section 3 of the Road Traffic Act, 1961 .

Reciprocal arrangements.

[1981, s. 307(1); 1986, s. 17(1)]

238.—(1) The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements made with any international organisation, any other State or Government or the proper authority under any other Government, in respect of matters relating to insurance and benefits under Part II, old age (non-contributory) and blind pensions, widow's or orphan's (non-contributory) pensions, unemployment assistance and child benefit, and may by any such order make such adaptations of and modifications in respect of these matters as he considers necessary.

[1981, s. 307(2)]

(2) The Minister may by order amend or revoke an order under this section.

Administration of social welfare schemes.

[1992, s. 41(1)]

[1992, s. 41(2)]

239.—(1) The Minister may delegate to such persons as may be prescribed, any function in relation to the administration of any benefit as may be prescribed and any such delegation shall be subject to such conditions and in such circumstances as may be prescribed.

(2) Regulations made under this section may apply to the whole State or to a specified part or parts of the State.

Budgeting in relation to social welfare payments.

[1991, s. 54(1)]

240.—(1) The Minister may make regulations to provide that where a beneficiary consents, an amount of his benefit, which is determined by consultation and agreement between the Minister and the said beneficiary, may be withheld and paid separately by the Minister to such specified body as may be designated by the beneficiary.

[1991, s. 54(2)]

(2) Regulations made under subsection (1) may, in particular and without prejudice to the generality of that subsection—

(a) provide for the withdrawal of consent by a beneficiary,

(b) provide for the time and manner in which such withdrawal shall take place, and

(c) provide for the adjustment of any amount of benefit as a result of such withdrawal.

[1991, s. 54(3)]

(3) In this section “a specified body” means a local authority (for the purposes of the Local Government Act, 1941 ), or any other body established—

(a) by or under any enactment (other than the Companies Acts, 1963 to 1990), or

(b) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under other enactments, and financed wholly or partly by means of moneys provided or loans made or guaranteed by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body.

Regulations varying rates of benefit or assistance. [1982, s. 9]

241. —(1) Notwithstanding anything in this Act the Minister may by regulations increase temporarily or vary all or any of the rates of benefit (other than child benefit or family income supplement).

[1981, s. 308(2)]

(2) Regulations under subsection (1) shall not so vary the rate of any benefit as to reduce the amount of the rate payable at the commencement of the regulations.

Effect of means on certain rates of assistance.

[1990, s. 43]

242.—Notwithstanding the provisions of this Act, in the case of a person who is in receipt of any assistance under Part III and whose means exceed a prescribed amount, the Minister may by regulations, where the amount payable is not a multiple of £2, increase such amount to the next multiple of £2 in respect of such class of person or classes of persons as may be prescribed.

Regulations in relation to benefit or assistance.

[1991, s. 59]

243.—The Minister may make regulations in relation to any benefit, and the regulations may apply (with or without modification) or make provisions corresponding (with or without modification) to any provisions of this Act.

Application of provisions of this Act, etc. by regulations.

[1989, s. 26(1)]

244.—(1) In the case of any section of this Act which confers powers on the Minister to apply by regulations any provisions of this Act to matters referred to in that section, such powers shall be deemed to include powers to apply any provisions of any enactment, whether passed before or after the 26th day of March, 1989, which amends or extends this Act.

[1989, s. 26(2)]

(2) The powers conferred on the Minister under subsection (3) of section 23 of the Housing (Private Rented Dwellings) Act, 1982 , in relation to regulations under subsection (1) of that section (which relates to payments under the rent allowance scheme) to apply (with or without modification), or make provision corresponding (with or without modification) to, any provisions of this Act shall be deemed to include powers to apply any provisions of, or provisions made under, any enactment, whether passed before or after the 26th day of March, 1989, which amends or extends this Act.

Payment of increases in respect of qualified children.

[1985 (No. 2), s. 19]

245.—The Minister may provide by regulations for the payment of increases in respect of qualified children at the full rate to either parent of the children concerned notwithstanding that each parent is entitled to an increase in benefit in respect of qualified children.