S.I. No. 8/1948 - Social Welfare (Substitutive Allowances) Order, 1948.


S.I. No. 8 of 1948.

SOCIAL WELFARE (SUBSTITUTIVE ALLOWANCES) ORDER, 1948.

WHEREAS the payment of benefit (including cash supplements) in respect of sickness and disablement, has hitherto been effected by Cumann an Árachais Náisiúnta ar Shláinte (in these recitals referred to as the Society), under the National Health Insurance Acts, 1911 to 1947, and the Social Welfare Schemes (Cash Supplements) Order, 1947 ( S. R. & O. No. 76 of 1947 ), as amended by subsequent orders :

AND WHEREAS, by reason of the Society being unable to perform its functions, payment of such benefits has been suspended :

AND WHEREAS, the payment of such benefits or allowances in lieu thereof is, in the opinion of the Government, a service essential to the life of the community :

NOW, THEREFORE, the Government, in exercise of the powers conferred on them by section 2 of the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946), hereby order as follows :—

1. This Order may be cited as the Social Welfare (Substitutive Allowances) Order, 1948.

2. In this Order—

the expression " the Acts " means the National Health Insurance Acts, 1911 to 1947 ;

the expression " the Order of 1947 " means the Social Welfare Schemes (Cash Supplements) Order, 1947 ( S. R. & O. No. 76 of 1947 ), as amended by subsequent Orders ;

the expression " the Minister " means the Minister for Social Welfare.

3. (1) Any person who—

(a) is entitled to sickness or disablement benefit under the Acts, and

(b) applies to the public assistance authority for the public assistance district in which he resides for an allowance under this paragraph,

shall (whether home assistance is or is not payable to him) be entitled to receive from such public assistance authority an allowance in money of such amount as the Minister may direct, and payment of such allowance shall operate as a payment in whole or in part of such benefit.

(2) Any person who—

(a) is entitled to a supplement under Article 5 of the Order of 1947, and

(b) applies to the public assistance authority for the public assistance district in which he resides for an allowance under this paragraph,

shall (whether home assistance is or is not payable to him and in addition to any allowance under paragraph (1) of this Article) be entitled to receive from such public assistance authority an allowance in money of such amount as the Minister may direct, and the payment of such allowance shall operate as a payment in whole or in part of such supplement.

(3) Allowances under paragraphs (1) and (2) of this Article shall be paid in accordance with directions given from time to time by the Minister.

(4) A public assistance authority may borrow for the purposes of defraying expenses incurred by them in the execution of this Article and such borrowing shall not be a reserved function for the purposes of the County Management Acts, 1940 and 1942.

(5) The Minister may, with the consent of the Minister for Finance, pay, out of moneys provided by the Oireachtas, to each public assistance authority a sum equal to the amount certified by the Minister to have been expended by that authority in connection with payments under this Article.

(6) Every public assistance authority shall keep such records as the Minister may require of payments made by them under this Article.

GIVEN under the Official Seal of the Government, this 17th day of January, 1948.

(Signed)—SEÁN F. LEMASS,

Tánaiste.