S.I. No. 159/1984 - Social Welfare (Old Age and Blind Pensions) Regulations, 1984.

S.I. No. 159 of 1984.

SOCIAL WELFARE (OLD AGE AND BLIND PENSIONS) REGULATIONS, 1984.

The Minister for Social Welfare, in exercise of the power conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and section 170 of the said Act as amended by section 25 of the Social Welfare Act, 1984 (No. 5 of 1984) and in exercise of the power conferred on him by section 29 of the Social Welfare Act, 1984 and in consultation with An Post hereby makes the following Regulations:—

PART I General.

1 Short Title.

1. These Regulations may be cited as the Social Welfare (Old Age and Blind Pensions) Regulations, 1984.

2 Commencement.

2. These Regulations shall come into operation on the 2nd day of July, 1984.

3 Repeal of existing Regulations.

3. The following Regulations and Orders are hereby revoked:—

(a) The Old Age Pensions Consolidated Regulations, 1922 (S.R.&O. No. 2001 of 1921);

(b) The Old Age Pension Committees (Clerks) Order, 1932 ( S.R.&O. No. 81 of 1932 );

(c) The Old Age Pension Committees (Clerks) Order, 1936 ( S.R.&O. No. 80 of 1936 );

(d) The Old Age Pensions (Amendment) Regulations, 1947 ( S.R.&O. No. 23 of 1947 ).

4 Interpretation.

4. In these Regulations—

"the Act of 1981" means the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"the Act of 1984" means the Social Welfare Act, 1984 (No. 5 of 1984);

"the Acts" means the Social Welfare Acts, 1981 to 1984;

"claimant" means a person in respect of whom a claim to pension has been made;

"the Minister" means the Minister for Social Welfare;

"pension" means an old age pension or blind pension under Chapter 3 of Part III of the Act of 1981;

"pensioner" means a person in receipt of pension.

PART II Claims and Payments.

5 Claims to be made to the Minister.

5. Every claim for a pension shall be made in writing to the Minister in the form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances of any particular case or class of cases.

6 Information to be given when making a claim for pension.

6. Every person who makes a claim for a pension shall furnish such certificates, documents, information and evidence for the purpose of deciding the claim as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.

7 Making and Investigation of claim.

7. An Post shall furnish to every postmaster supplies of such claim forms and explanatory leaflets relating to pension as the Minister provides and every postmaster shall, on application being made to him for the purpose, supply such a form and leaflet to any person who desires to make a claim.

8 Determination of claim and notice of award.

8. (1) A deciding officer in giving his decision on any claim for, or question relating to pension, may have regard to any such evidence or information as in his opinion is relevant to the claim or question.

(2) The Minister shall cause notice of the decision of a deciding officer on a claim for or question relating to pension to be given in writing to the claimant or to a person appointed to act on his behalf and such notice shall be deemed to be duly sent, if sent by post, addressed to that person at his ordinary address.

9 Provisional allowance of claims.

9. (1) Where it appears to any person that, although for the time being he is not entitled to a pension, he will nevertheless become entitled to a pension at some future date, he may make a claim at any time not more than four months before that date.

(2) Where a deciding officer is satisfied that a claimant is likely to be entitled to a pension, he may allow the claim provisionally so as to take effect on any future date not later than four months from the date of his decision.

10 Persons unable to act.

10. (1) Where a claimant or pensioner is unable for the time being to act the Minister may appoint some other person to exercise on behalf of such claimant or pensioner any right or power which such claimant or pensioner may be entitled to exercise under these Regulations and any such person may receive and deal with any sum payable by way of pension on behalf of such claimant or pensioner.

(2) The Minister may at any time revoke the appointment of a person appointed under sub-article (1).

(3) Anything required to be done by or under the Acts in respect of a claimant or pensioner may be done as respects a person appointed under this article to act for such claimant or pensioner.

(4) The receipt of a person appointed under this article to act for a claimant or pensioner shall be a good discharge to the Minister for any sums paid to such person on behalf of the claimant or pensioner.

11 Application of Act of 1981.

11. Section 112 of the Act of 1981 shall apply to pension.

12 Payment on death.

12. (1) On the death of a claimant the Minister may allow such person as he may think fit to proceed with a claim for pension in the name of such claimant.

(2) On the death of a pensioner any sum payable in respect of a pensioner may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased to or among such persons as appear to the Minister to be beneficially entitled thereto.

13 Information to be given when obtaining payment of pension.

13. Every pensioner and every person by whom a pension is receivable shall furnish in such manner and at such times as the Minister may determine such certificates and other documents and such information affecting the right to such pension or to the receipt thereof as the Minister may require and in particular shall notify the Minister of any change of circumstances which such pensioner or person might reasonably be expected to know might affect the right to a pension, or to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.

PART III Miscellaneous.

14 Repayment under Section 169(3) of the Act.

14. Where a person in receipt of a pension is liable to repay any sums under section 169 (3) of the Act and the Minister under section 169 (7) of the Act directs those sums or any part of them to be deducted from the sums to which that person becomes entitled on account of a pension, the deduction shall be made by withholding payments on account of the pension either in whole or in part until the total of the sums withheld amounts to the total of the sums so directed to be deducted.

15 Continuity.

15. Pensions which are in payment on the day appointed for the purposes of Part IV of the Act of 1984 by virtue of decisions given under provisions repealed by that Part shall continue to be payable and such decisions shall have effect and shall be treated for all purposes as if they were decisions given under Part VIII of the Act of 1981 as amended by the Act of 1984.

GIVEN under the Official Seal of the Minister for Social Welfare

this 21st day of June, 1984.

BARRY DESMOND,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare Act, 1984 provides for the abolition of old age pension committees and sub-committees and for the assignment of their adjudication functions in relation to old age (non-contributory) and blind pensions to deciding officers appointed under the Social Welfare (Consolidation) Act, 1981 . These regulations consolidate, with appropriate amendments, the Old Age Pensions Consolidated Regulations 1922 and amending regulations which are revoked.

The regulations prescribe the manner in which claims for pensions are to be made and the information to be given when claiming. Power is given to the Minister to appoint persons to act for a claimant or pensioner who is unable to act where such action is necessary to protect the interests of a claimant or pensioner. Provision is made for payment of pension due on the death of a pensioner. Provision is also made for continuity of decisions given by the old age pension committees and sub-committees with decisions given by deciding officers under the amended provisions.