Social Welfare (Supplementary Welfare Allowances) Act, 1975

Transitional provisions.

25.—(1) The Minister may by regulations make, in respect of any statute, order or regulation in force on the appointed day and relating to any matter or thing dealt with or affected by this Act, 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 Act.

(2) Any application for home assistance under the Act of 1939 which is pending on the appointed day shall be dealt with in relation to any needs which occur before the appointed day by the health board in whose functional area the applicant is.

(3) In any case where a person (in this section referred to as “the former beneficiary”) is, on the appointed day, in receipt of home assistance under the Act of 1939, the following provisions shall have effect—

(a) this Act, subject to the provisions of paragraphs (b) and (c) of this subsection, shall apply to the former beneficiary as if he had made a claim for supplementary welfare allowance;

(b) if the health board determines that the former beneficiary is not entitled to supplementary welfare allowance the health board may determine that the former beneficiary be granted supplementary welfare allowance under this Act of a weekly amount which does not exceed the weekly amount of home assistance of which he is in receipt on the appointed day;

(c) if the health board determines that the former beneficiary is entitled to supplementary welfare allowance but of a weekly amount which is lower than the weekly amount of home assistance of which he is in receipt on the appointed day the health board may determine that the former beneficiary be paid supplementary welfare allowance of an amount equivalent to the weekly amount of home assistance.

(4) Any proceedings for the recovery of a sum which, if this Act 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 the appointed day.

(5) In any court proceedings pending on the appointed day to which a public assistance authority is a party, the health board in whose functional area the functional area of the public assistance authority was included immediately before the appointed day shall be substituted as a party for the public assistance authority.

(6) Any payments ordered in any proceedings continued or begun pursuant to this section which, if this Act had not been passed, would have been ordered to be made to the public assistance authority shall be ordered to be made to the health board in whose functional area the functional area of the public assistance authority was included immediately before the appointed day.

(7) 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 22 of this Act is payable to a health board may be brought and maintained by the health board.