S.I. No. 259/1960 - Social Welfare (Claims and Payments) (Amendment) Regulations, 1960.

S.I. No. 259 of 1960.

SOCIAL WELFARE (CLAIMS AND PAYMENTS) (AMENDMENT) REGULATIONS, 1960.

I, SEAN MacENTEE, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 and 29 of the Social Welfare Act, 1952 (No. 11 of 1952) and section 47 of that Act as amended by section 12 of the Social Welfare (Amendment) Act, 1960 (No. 25 of 1960), hereby make the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Claims and Payments) (Amendment) Regulations, 1960.

2. In these Regulations"the Principal Regulations" means the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ) as amended by the Social Welfare (Claims and Payments) (Amendment) Regulations, 1956 ( S.I. No. 85 of 1956 ).

3. The Principal Regulations and these Regulations may be cited together as the Social Welfare (Claims and Payments) Regulations, 1952 to 1960.

4. Article 3 of the Principal Regulations is hereby amended by the deletion of the definition of "pension" contained therein and the substitution therefor of the -Following definition:—

"'pension' means widow's (contributory) pension, orphan's (contributory) allowance, old age (contributory) pension (including any increase thereof) or benefit under subsection (3) (inserted by section 8 of the Social Welfare (Amendment) Act, 1960 ) of section 26 of the Act, as the case may require;".

5. Sub-article (1) of article 9 of the Principal Regulations is hereby amended by

(a) the insertion in paragraph (d) after the words "in the case of a pension," of the words "other than old age (contributory) pension,";

(b) the insertion after paragraph (d) of the following paragraph:—

"(e) in the case of old age (contributory) pension, the period commencing three months before and ending three months after the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto."

6. Article 9 of the Principal Regulations is hereby amended by the deletion of sub-article (2) and the substitution therefor of the following sub-article:—

"(2) Where a claimant proves that there was good cause for his failure to make a claim for pension or maternity allowance before the date on which it was made, the Minister may extend the time within which the claim may be made to the date of the making of the claim."

7. Article 10 of the Principal Regulations is hereby amended by the deletion of sub-article (2) and the substitution therefor of the following sub-article:—

"(2) Where a claimant for pension or maternity allowance proves that—

(a) on a date earlier than the date on which his claim was made, apart from satisfying the condition of making a claim, he was entitled to the benefit claimed, and

(b) throughout the period between the earlier date and the date on which the claim was made there was good cause for delay in making the claim

he shall not be disqualified under this article for receiving the benefit to which he would have been entitled if the claim had been made on the said earlier date."

GIVEN under my Official Seal this 16th day of December, One Thousand Nine Hundred and Sixty.

SEÁN MacENTEE,

Minister for Social Welfare.

I, MICHAEL HILLIARD, Minister for Posts and Telegraphs, hereby consent to the making of the foregoing Regulations so far as they in effect relate to the payment of pensions through the Post Office.

GIVEN under my Official Seal this 16th day of December, One Thousand Nine Hundred and Sixty.

MICHAEL HILLIARD,

Minister for Posts and Telegraphs.

EXPLANATORY NOTE.

These Regulations extend to old age (contributory) pension the relevant provisions of the Social Welfare (Claims and Payments) Regulations, 1952 and 1956. The effect is to make old age (contributory) pension payable weekly in advance on the Friday of each week, payment normally being made by means of pension orders payable at the Post Office specified by the pensioner. In addition pension is not payable for periods less than a week. The time for claiming old age (contributory) pension is prescribed as the period commencing three months before and ending three months after the date of attaining 70 years of age. However, in the case of a person who is over 70 years of age on 6th January, 1961, the prescribed period does not end until 5th April, 1961. If pension is not claimed within the prescribed time, payment may under the Regulations be disallowed for any period more than three months before the date on which the claim is made. The Regulations also provide that the right to any sum payable by way of pension is extinguished where payment of the sum is not obtained within three months, or where in any particular case the Minister so approves, six months, from the date on which it becomes payable.