Social Welfare (Consolidation) Act, 1981
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Decisions and appeals. [1908 OAP, s. 7] |
164.—(1) All claims for old age pensions and all questions whether the statutory conditions are fulfilled in the case of any person claiming such a pension, or whether those conditions continue to be fulfilled in the case of a person in receipt of such a pension, or whether a person is disqualified for receiving or continuing to receive a pension, shall be considered and determined as follows— | |
(a) any such claim or question shall stand referred to the appropriate local pension committee within the meaning of section 165 (1), and the committee shall (except in the case of a question which has been originated by the social welfare officer and on which the committee have already received his report), before considering the claim or question, refer it for report and inquiry to the social welfare officer; | ||
(b) the appropriate social welfare officer appointed under section 165 (4) shall inquire into and report upon any claim or question so referred to him, and the local pension committee shall, on the receipt of the report of the said officer and after obtaining from him or from any other source if necessary any further information as to the claim or question, consider the case and give their decision upon the claim or question. | ||
(2) The decision of the local pension committee on any claim or question which is not referred to an appeals officer shall be final and conclusive. | ||
[1978, s. 21] | ||
(3) Notwithstanding anything in this Chapter, where a social welfare officer is of the opinion that the statutory conditions for the receipt of old age pension are fulfilled, such pension may be paid at a rate specified by the officer without prejudice to any subsequent decision relating to that pension (or to the rate of the pension) by a local pension committee or by an appeals officer. |