S.I. No. 281/1989 - Social Welfare (Widower's (Non-Contributory) Pension and Deserted Husband's Allowance) Regulations, 1989.


S.I. No. 281 of 1989.

SOCIAL WELFARE (WIDOWER'S (NON-CONTRIBUTORY) PENSION AND DESERTED HUSBAND'S ALLOWANCE) REGULATIONS, 1989.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by sections 198A and 198B of that Act (as inserted by the Social Welfare Act, 1989 (No. 4 of 1989)), and after 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 (Widower's (Non-Contributory) Pension and Deserted Husband's Allowance) Regulations, 1989.

2 Interpretation.

2. In these Regulations—

"the Act" means the Social Welfare (Consolidation) Act, 1981 ;

"the Act of 1989" means the Social Welfare Act, 1989 ;

"allowance" means a deserted husband's allowance payable under section 198B of the Act;

"beneficiary" means a man entitled to a pension or an allowance;

"claimant" means a man who has made a claim for a pension or an allowance, or who could properly make such a claim if he were able to act;

"pension" means a widower's (non-contributory) pension payable under section 198A of the Act;

"pension order" means an order for the payment through the post office of a weekly sum on account of a pension or an allowance.

PART II. Desertion.

3 Desertion.

3. (1) A man is to be regarded for the purposes of section 198B of the Act as having been deserted by his wife if—

( a ) his wife has of her own volition left him and has not at any time during the three months immediately preceding the date of his claim for an allowance lived or cohabited with him, and

( b ) his wife wilfully refuses or neglects to contribute to the support and maintenance of him and their children, and

( c ) he has made and continues to make reasonable efforts within the means available to him to trace his wife's whereabouts and to prevail on her to contribute to the support and maintenance of him and their children, and

( d ) his wife has not resumed living or cohabiting with him.

(2) In determining whether or not a wife contributes to the support and maintenance of her husband, monetary payments and other contributions made by her which are inconsiderable may be disregarded.

(3) In this article "wife" in relation to a man who has been married more than once refers only to his last wife.

PART III. Claims and Payments.

4 Claims to be made to the Minister.

4. Every claim for a pension or an allowance (including an increase of pension or allowance) shall be made 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.

5 Information to be given when making a claim for pension or allowance.

5. Every person who makes a claim for a pension or an allowance 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.

6 Time and manner of payment of pensions or allowances.

6. (1) A pension or an allowance shall be paid weekly in advance on the Thursday of each week by means of a pension order payable to the beneficiary, at such post office as the Minister, after enquiry from him, may determine.

(2) Where a pension or an allowance is payable the Minister shall cause arrangements to be made whereby, on furnishing evidence as to identity and such other particulars as may be required, a beneficiary may obtain a book of pension orders.

(3) The Minister shall arrange for the issue to every beneficiary of a fresh book of pension orders on the expiration of the previous book.

(4) Where the day from which payment or a change in the rate of payment of a pension or an allowance takes effect is a day of the week other than a Thursday, payment or the change in the rate of payment of the pension or allowance shall take effect as from and including the next Thursday.

(5) Where a pension or an allowance ceases to be payable as from and including a day of the week other than Thursday, the pension or allowance shall continue to be payable in respect of the days of the week up to but not including the next Thursday.

(6) A book of pension orders issued to any person shall remain the property of the Minister.

(7) Any person having a book of pension orders or any unpaid pension order shall, on the termination of the pension or allowance to which such book or order relates or when requested by the Minister, deliver such book or order to such person as the Minister may direct.

(8) Notwithstanding anything contained in this article, the Minister may in any particular case or class of case or in all cases arrange for the payment of a pension or an allowance otherwise than weekly in advance or otherwise than by means of pension orders payable to the beneficiary.

7 Prescribed time for claiming pension or allowance.

7. (1) The prescribed time for making a claim for a pension or an allowance shall be the period of three months from the day on which, apart from satisfying the condition of making a claim, the claimant would become entitled to the pension or allowance.

(2) Where a man fails to make a claim for a pension or an allowance within the time prescribed in sub-article (1) of this article, he shall be disqualified for receiving payment in respect of any period before the date on which the claim is made.

(3) Where a claimant proves that there was good cause for his failure to make a claim for pension or 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.

(4) Where a claimant 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 pension or the allowance 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 pension or allowance to which he would have been entitled if the claim had been made on the said earlier date.

(5) No sum shall be paid to any person on account of pension or allowance in respect of any period more than six months before the date on which the claim therefor is made in accordance with these Regulations.

8 Extinguishment of right to pension or allowance not obtained within the prescribed time.

8. The right to any sum payable by way of a pension or an allowance shall be extinguished where payment thereof is not obtained within three months or, where in any particular case the Minister so approves, six months from the date on which that sum is payable under article 6 of these Regulations.

9 Information to be given when obtaining payment of pension or allowance.

9. Every beneficiary and every person by whom or on whose behalf a pension or an allowance is receivable shall—

( a ) furnish in such manner and at such times as the Minister may determine such certificates, documents and information affecting the right to pension or allowance or to the receipt thereof as the Minister may require, and

( b ) notify the Minister of any change of circumstances which affects the right to a pension or an allowance, or to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.

10 Persons unable to act.

10. (1) Where a claimant or beneficiary is unable for the time being to act, the Minister may appoint some other person to exercise on behalf of such claimant or beneficiary any right or power which the claimant or beneficiary may be entitled to exercise in relation to a pension or an allowance.

(2) The following provisions shall apply to every appointment made by the Minister under this article—

( a ) the Minister may at any time revoke the appointment,

( b ) the person appointed may resign on giving to the Minister one month's notice of his intention to do so,

( c ) the appointment shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.

(3) A person appointed under this article may exercise on behalf of the claimant or beneficiary any right of power which such claimant or beneficiary may be entitled to exercise in relation to a pension or an allowance and may receive and deal with any sum payable by way of a pension or an allowance on behalf of such claimant or beneficiary.

(4) Anything required to be done to a claimant or beneficiary in relation to a pension or an allowance may be done as respects a claimant or beneficiary who is unable to act to the person appointed under this article to act on his behalf.

(5) The receipt of a person appointed under this article for any amount paid in accordance with this article shall be a good discharge to the Minister for any amount so paid.

11 Payments on death.

11. (1) On the death of a claimant or beneficiary the Minister may allow such person as he may think fit to proceed with or to make a claim for a pension or an allowance in the name of such claimant or beneficiary.

(2) On the death of a beneficiary, any sum payable in respect of a pension or an allowance may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows—

( a ) where the beneficiary died leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum,

( b ) where the beneficiary died intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.

(3) The receipt of any person of the age of sixteen years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister for the sum so paid.

(4) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of sixteen, he may obtain a good discharge therefor by paying the sum of part thereof to a person over that age who satisfies the Minister that he will apply the sum so paid for the benefit of the person under the age of sixteen.

(5) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.

12 Offences.

12. A person who fails to comply with sub-article (7) of article 6 or article 9 of these Regulations shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000 and, in the case of a continuing offence, to a fine not exceeding £1,000 for each day on which the offence is continued.

PART IV. Application of Certain Provisions of the Social Welfare (Consolidation) Act, 1981 .

13 Application of the Act.

13. The enactments mentioned in the first column of the Schedule hereto shall apply to a pension or allowance, as appropriate, and in such application shall be modified as set out in the second column of the said Schedule.

SCHEDULE.

Article 13.

Title

Modification

Section 111 of the Act.

111. (1) Every question arising—

(a) in relation to a claim for a pension or an allowance,

(b) as to whether a person is or was disqualified for a pension or an allowance,

(c) as to the period of any disqualification for a pension or an allowance,

shall be decided by a deciding officer.

(2) A reference in this section to question arising in relation to a claim for a pension or an allowance includes a reference to a question whether a pension or an allowance is or is not or was or was not payable.

Subsections (1), (2), (3) (a), (b) (ii), (c), (d) and (4) of section 112 of the Act.

112. (1) Provision may be made by regulations as to the time and manner of payment of a pension or an allowance, and as to the information and evidence to be furnished by beneficiaries when applying for payment of a pension or an allowance and, in consultation with An Post, for payment of a pension or an allowance in specified cases through An Post.

(2) Regulations made under this section as to the time of payment of a pension or an allowance may—

(a) provide for enabling a person to whom a pension or an allowance is payable to nominate another person to receive the pension or the allowance on his behalf,

(b) provide, notwithstanding anything in Chapter 5A of Part III, for adjusting the commencement and termination of a pension or an allowance, or for changes in the rate of a pension or an allowance, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week,

(c) provide for extinguishing the right to any sum payable by way of a pension or an allowance where payment thereof is not obtained within 6 months or such shorter period as may be prescribed from the time at which that sum is receivable in accordance with the regulations.

(3) Regulations may also provide—

(a) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who is under 16 years of age or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under Chapter 5A of Part III and for authorising a person so appointed to receive and deal with any sum payable by way of a pension or an allowance on behalf of the claimant or beneficiary,

(b) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary—

(ii) in respect of a widower's (non-contributory) pension or a deserted husband's allowance, so much of the pension or allowance as is payable by virtue of section 178 (1) as applied and modified by these Regulations,

(c) in connection with the death of any person, for enabling a claim for a pension or an allowance to be made or proceeded with in his name,

(d) notwithstanding any other provision of this Act, or regulations made thereunder, for enabling the increase for a prescribed relative payable under section 179 (a) as applied and modified by these Regulations, subject to such conditions and in such circumstances as may be prescribed, to be paid directly to the prescribed relative.

(4) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing a pension or an allowance, and that in any such case the sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others.

Section 112A of the Act (inserted by section 3 of the Social Welfare (No. 2) Act, 1987 (No. 29 of 1987)).

112A. (1) An employer shall furnish to the Minister in writing in respect of any person who is or was in his employment such details, including periods of employment, as are required by the Minister to enable determination or review of a claim to a pension or an allowance by or in respect of that person.

(2) Regulations may specify the details which an employer shall furnish under subsection (1) and prescribe the manner in which such details shall be so furnished.

(3) A person who fails to comply with this section or regulations made hereunder shall be guilty of an offence and shall be liable—

(a) on summary conviction to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

Section 113 of the Act.

113. (1) Regulations may make provision in relation to matters arising—

(a) pending the decision under Chapter 5A of Part III or Part VIII (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for a pension or an allowance or of any question affecting any person's right to a pension or an allowance or to receipt thereof, or

(b) out of the effect of any appeal or revision of any decision under Chapter 5A of Part III or Part VIII on any such claim or question.

(2) Without prejudice to the generality of subsection (1), regulations made thereunder may include provision—

(a) for the suspension of a pension or an allowance where it appears to the Minister that there is or may be a question whether the conditions for receipt thereof in accordance with a decision are or were fulfilled or whether the decision ought to be revised,

(b) for treating a pension or an allowance paid to any person under a decision or by virtue of any provisions of the regulations, which it is subsequently decided was not payable, as paid on account of any other benefit or assistance which it is decided was payable to him, or, in a case referred to in section 300 (5) (a) for the repayment of any such pension or allowance and the recovery thereof by deduction from any benefit or any assistance (except orphan's (non-contributory) pension, supplementary welfare allowance or child benefit) as may be specified, or otherwise.

Section 114 of the Act.

114. (1) The Minister may, with the sanction of the Minister for Finance, appoint such and so many persons as he thinks proper to be inspectors for the purposes of Chapter 5A of Part III.

(2) An inspector shall, for the purposes of the execution of Chapter 5A of Part III, have power to do all or any of the following things—

(a) to enter at all reasonable times any premises or place liable to inspection under this section;

(b) to make such examination and inquiry as may be necessary for ascertaining whether the provisions of Chapter 5A of Part III are being or have been complied with in any such premises or place;

(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under Chapter 5A of Part III on which he may reasonably require information, every person whom he finds in any such premises or place and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined;

(d) to exercise such other powers as may be necessary for carrying Chapter 5A of Part III into effect.

(3) The occupier of any premises or place liable to inspection under this section, and any person who is or has been employing any person and the servants and agents of any such occupier or other person, and any claimant for a pension or an allowance or person in respect of whom a pension or an allowance is claimed, shall furnish to an inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the inspector may reasonably require for the purpose of ascertaining whether a pension or an allowance is or was payable to or in respect of any person.

(4) If any person—

(a) wilfully delays or obstructs an inspector in the exercise of any power under this section, or

(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this section, or

(c) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a person appointed under this section,

he shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment,

but no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself.

(5) Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of Chapter 5A of Part III shall, if so required, produce the said certificate.

(6) The premises and places liable to inspection under this section are any premises or places where an inspector has reasonable grounds for believing that any persons are or have been employed or self-employed and any premises or places where an inspector has reasonable grounds for believing that any documents relating to employed persons or to self-employed persons are kept.

(7) Where any premises or place are or is liable to be inspected by an inspector or officer appointed or employed by, or are or is under the control of, another Minister, the Minister may make arrangements with that other Minister for any of the powers or duties of inspectors appointed under this section being carried out by an inspector or officer employed by that other Minister and, where such an arrangement is made, such inspectors or officers shall have all the powers of an inspector appointed under this section.

(8) Records of persons employed which an employer is obliged to maintain under regulations made under section 15 (5) which are produced to an inspector shall be prima facie evidence that those persons were employed by that employer and of the earnings of such persons and of the periods during which such persons were employed by him.

Section 114A of the Act (inserted by section 5 of the Social Welfare (No. 2) Act, 1987 )).

114A. (1) Where a person is required by section 114 (3) as applied and modified by these Regulations to produce records required under regulations made under section 15 (5) he shall produce such records at his registered address or his principal place of business as an inspector may require.

(2) A person who fails to comply with subsection (1) as soon as may be following the issue of a written demand sent by registered post to him at his registered address or his principal place of business shall be guilty of an offence and shall be liable—

(a) on summary conviction to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

Subsections (1) (b), (c), (d) and (f), (3), (5), (6), (7) and (8) of section 115 of the Act.

115. (1) (b) If any person, for the purpose of obtaining any pension or allowance under Chapter 5A of Part III, whether for himself or some other person, or for any purpose connected with Chapter 5A of Part III—

(i) knowingly makes any false statement or false representation or knowingly conceals any material fact, or

(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be guilty of an offence.

(c) An employer or any servant or agent of an employer who aids, abets, counsels or procures an employee in the employment of that employer to commit any offence under paragraph (b) shall be guilty of an offence.

(d) A person who is guilty of an offence under this subsection shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

(f) (i) A person convicted of an offence under this subsection in relation to a pension or an allowance shall be disqualified for the receipt of that pension or allowance for a period of 6 months immediately following the date of the conviction.

(3) Regulations may provide for offences consisting of contraventions of or failures to comply with regulations and for the imposition, at the discretion of the court—

(a) on summary conviction of such offences, of fines not exceeding specified amounts of not more than £1,000 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment, or

(b) on conviction on indictment of such offences, of fines not exceeding specified amounts of not more than £10,000 or of imprisonment for terms not exceeding three years or of both such fines and such imprisonment, together with, in the case of continuing offences, further such fines in respect of each day on which the offences are continued.

(5) Nothing in this section or in regulations under this section shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to him.

(6) Where an offence under Chapter 5A of Part III or under regulations made under Chapter 5A of Part III is committed by a body corporate and, in the case of an offence under subsection (1) where the offence is comitted by an employee or officer of the body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body corporate or was purporting to act in any such capacity shall also be guilty of that offence.

(7) It shall be a good defence to a prosecution for an offence under subsection (6) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.

(8) Any summons or other document required to be served for the purpose of proceedings under Chapter 5A of Part III on a body corporate may be served—

(a) by leaving it at or sending it by post to the registered office of the body corporate,

(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or

(c) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.

Section 119 of the Act.

119. In any proceedings for an offence under Chapter 5A of Part III or under regulations made under or applying the provisions of Chapter 5A of Part III or in any proceedings for the recovery of any sums due to the Minister, a decision on any question relevant to the proceedings given in accordance with Chapter 5A of Part III or Part VIII shall, unless an appeal or reference in respect of the decision is pending or the time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and—

(a) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with Chapter 5A of Part III and Part VIII, and

(b) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under paragraph (a), the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.

Section 124 of the Act.

124. Notwithstanding sections 50 (11), 51 (2), 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1) (a), 179 (a), as applied and modified by these Regulations, 195 (2), 196 (2), 197 (2), only one increase of pension, benefit or allowance shall be payable in respect of a prescribed relative.

Section 125 of the Act.

125. (1) In this section "benefit" means—

(a) disability benefit (including any amount payable by way of pay-related benefit where appropriate),

(b) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate),

(c) injury benefit (including any amount payable by way of pay-related benefit where appropriate),

(d) old age (contributory) pension,

(e) retirement pension,

(f) invalidity pension,

(g) unemployment assistance under Part III,

(h) pension under Chapter 3 of Part III.

(2) Notwithstanding any provisions to the contrary in Part II or Part III or regulations made thereunder—

(a) where a person who is in receipt of benefit which includes an increase in respect of an adult dependant dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall during that period be made to such person and subject to such conditions as may be prescribed, and

(b) in any case where payment is made under this section, entitlement to widow's (contributory) pension, widow's (non-contributory) pension, widower's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, benefit under section 87, or death benefit under section 50 or 52 shall not commence until after the expiration of the period of 6 weeks mentioned in paragraph (a) except and to the extent that regulations otherwise provide.

Section 128 of the Act.

128. (1) It shall be a condition of any person's right to a pension or an allowance that he makes a claim therefor in the prescribed manner.

(2) Regulations may provide for disqualifying a person for the receipt of a pension or an allowance if he fails to make his claim therefor within the prescribed time, but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made.

(3) For the purposes of Chapter 5A of Part III, any claim made by post shall be deemed to have been made on the day on which it was posted.

Section 177 of the Act.

177. (1) Subject to this Act, a widower's (non-contributory) pension shall be payable to a widower and a deserted husband's allowance shall be payable to a deserted husband.

(2) A man whose wife dies while he is in receipt of or entitled to deserted husband's allowance shall, subject to the provisions of Chapter 5A of Part III, in lieu of that allowance, be entitled to a widower's (non-contributory) pension at the same rate as that of the deserted husband's allowance payable to him.

(3) A widower's (non-contributory) pension payable to a widower or a deserted husband's allowance payable to a deserted husband shall, subject to Chapter 5A of Part III, continue to be payable unless he remarries and in such a case the pension or allowance shall cease as on and from his remarriage.

Section 178 of the Act.

178. (1) The rate (in this section referred to as the scheduled rate) of widower's (non-contributory) pension or deserted husband's allowance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule, increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of that Part in respect of each qualified child who normally resides with the widower or deserted husband.

(2) A widower's (non-contributory) pension and a deserted husband's allowance shall be payable—

(a) where the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

(b) where such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension or allowance would be payable is less than £2, the pension or allowance shall not be payable.

Subsections (a) and (c) of section 179 of the Act.

179. The weekly rate of widower's (non-contributory) pension payable in accordance with section 198A or deserted husband's allowance payable in accordance with section 198B shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule for any period during which—

(i) the widower or deserted husband has attained pensionable age and is so incapacitated as to require full-time care and attention,

(ii) there is residing with the widower or deserted husband for the purpose of providing that care and attention a prescribed relative of the widower or deserted husband, and

(iii) such conditions as may be prescribed are fulfilled, and

(c) by the amount set out in column (8) of Part I of the Fourth Schedule where the widower or deserted husband has attained the age of 80 years.

Section 180 of the Act.

180. (1) Except where regulations otherwise provide, a widower or a deserted husband shall be disqualified for receiving a widower's (non-contributory) pension or a deserted husband's allowance (including any increase for a qualified child) for any period during which he is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Regulations may provide for the suspension of payment of pension or allowance to or in respect of any widower or deserted husband during any such period as is mentioned in subsection (1) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

(3) Notwithstanding a disqualification by virtue of subsection (1) for receiving a pension or allowance which includes an increase in respect of a qualified child, such increase shall, in such cases as may be prescribed, be paid to the prescribed person.

(4) A widower or deserted husband shall not, if and so long as he and any person are cohabiting as man and wife, be entitled to and shall be disqualified for receiving payment of a widower's (non-contributory) pension or deserted husband's allowance.

Section 185 of the Act.

185. (1) The Minister may, with the sanction of the Minister for Finance, appoint such and so many persons as he thinks proper to be social welfare officers for the purposes of Chapter 5A of Part III.

(2) Every such officer shall investigate into and report to the Minister upon any claim for or in respect of a pension or an allowance and any question arising on or in relation to a pension or an allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require a claimant for a pension or an allowance or a widower or a deserted husband or any employer of the claimant or beneficiary to furnish him with such information and to produce to him for inspection such documents relative to that claimant or beneficiary as he may reasonably require.

(3) If a person, being a claimant for a pension or an allowance or a beneficiary or the employer of a claimant for a pension or an allowance or a widower or a deserted husband, fails to furnish to a social welfare officer such information as he is required by this section to furnish to him or to produce to a social welfare officer for inspection such documents as he is required by this section to produce to him, the person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £1,000.

Section 186 of the Act.

186. (1) Where during any period a person is resident outside the State, the following provisions shall have effect—

(a) a pension or an allowance shall not be granted to or in respect of that person,

(b) if a pension or an allowance has been granted to or in respect of that person, no sum shall be payable during that period on account of that pension or allowance.

(2) Nothing contained in subsection (1) shall operate to prevent, in the case of a person resident for any period outside the State—

(a) a pension or an allowance being granted to or in respect of that person if a claim for that pension or allowance was made prior to that person becoming so resident, or

(b) a pension or an allowance granted by virtue or paragraph (a) being paid for any period prior to (but not after) that person becoming so resident, or

(c) any arrears of a pension or an allowance granted to or in respect of that person (being arrears due for a period prior to that person becoming so resident) being paid.

Section 187 of the Act.

187. (1) Subject to regulations under section 198A (4) or 198B (3), where a person becomes entitled to a pension or an allowance, the following provisions shall have effect—

(a) in case a claim thereto is made before the expiration of three months after the date on which the person becomes entitled thereto, the pension or allowance shall commence to accrue on that date,

(b) in any other case, the pension or allowance shall commence to accrue on the date on which the claim is made.

(2) Where the date on which a pension or an allowance would begin to accrue under subsection (1) is a day of the week other than a day prescribed as the day in the week on which the weekly payments on account of pensions or allowances of that class are to be made, the pension or allowance shall not begin to accrue until such prescribed day in the week occurring next after the first-mentioned day.

Section 188 of the Act.

188. (1) Every person—

(a) who, for the purpose of obtaining or continuing a pension or allowance either for himself or for any other person, or for the purpose of obtaining or continuing a pension or an allowance for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or

(b) who knowingly obtains payment of, or continues to receive, a pension or an allowance which he is disqualified for receiving or to which he is not entitled or of an amount in excess of the amount to which he is entitled, or

(c) who knowingly obtains or receives any payment on account of a pension or an allowance which for any reason whatsoever is not payable to him,

shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine any such imprisonment.

(2) A person convicted of an offence under sub-section (1) in relation to a widower's (non-contributory) pension or a deserted husband's allowance shall be disqualified for receipt of such pension for a period of 6 months immediately following the date of the conviction.

(3) This section shall apply with the necessary modification in the case of a person to whom a pension or an allowance or an increase in respect of a qualified child is paid under any of the provisions of Chapter 5A of Part III for or for the benefit of any person.

(6) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person a pension or an allowance was allowed or awarded or that the amount of a pension or an allowance payable to or in respect of a person was varied and that the pension or allowance as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension or allowance was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension or an allowance of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension or allowance of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension or allowance is varied or further varied, as the case may be, or the date on which the pension or allowance ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

(7) Regulations under Chapter 5A of Part III may provide for offences consisting of contraventions of or failure to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £1,000 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

Subsections (1) and (2) of section 189 of the Act.

189. (1) The Minister may make regulations—

(a) specifying the manner which claims to pensions or allowances may be made, and the manner in which pensions or allowances are to be paid;

(b) specifying the procedure to be followed on references under Chapter 5A of Part III and for applying for the purposes of any such reference any of the provisions of the Common Law Procedure Amendment Act (Ireland), 1856, and for excluding the application of any of the other provisions of that Act;

(c) authorising in such cases as may be prescribed the payment of any sum by way of pension or allowance during any period intervening between the making of any claim or the referring of any question and the final determination of the claim or question;

(d) enabling a person to be appointed to exercise on behalf of any claimant or person entitled to or in receipt of a pension or an allowance who is, by reason of any mental or other incapacity, unable to act, any right to which that claimant or person may be entitled under Chapter 5A of Part III, and to authorise any person so appointed to receive on behalf and for the benefit of the claimant or person any pension or allowance;

(e) providing that, notwithstanding anything contained in section 190 as applied and modified by these Regulations relating to time limit for obtaining payments on account of pensions or allowances, but subject to the regulations—

(i) in the case of the death of a person who was in receipt of a pension or an allowance, payment may be made or any sum which became payable within three months before the date of his death on account of the pension or allowance, but has not been paid; and

(ii) in the case of the death of a person who being entitled to a pension or an allowance had made a claim thereto, payment may be made of any sum which, if his claim had been allowed immediately before his death, would have become payable on account of the pension or allowance up to the date of his death;

(f) providing that, subject to the regulations, probate or other proof of the title of the personal representatives of the deceased person may be dispensed with in the case of any such sum as is mentioned in paragraph (e) and that any such sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others.

(2) Regulations under this section specifying the manner in which pensions or allowances are to be paid shall be made in consultation with An Post.

Section 190 of the Act.

190. (1) Subject to subsection (2), a widower's (non-contributory) pension shall be paid to a widower and a deserted husband's allowance shall be paid to a deserted husband.

(2) The Minister may, in his discretion, from time to time, direct either—

(a) that a pension or an allowance shall, in lieu of being paid to the widower or deserted husband, be paid to some other person for the benefit of the widower or deserted husband, and that any increase in respect of a qualified child, being part of such pension or allowance, shall, in lieu of being paid to the widower or deserted husband, be paid to some other person for the benefit of the child in respect of whom that increase is payable, or

(b) that any amount in respect of a qualified child shall in lieu of being paid to the widower or deserted husband, be paid to some other person for the benefit of the child in respect of whom that amount is payable.

(3) A pension or an allowance shall, subject to any directions of the Minister in special cases, be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.

(4) Where the date on which a pension or an allowance would cease to be payable is a day of the week other than that immediately preceding the day in the week prescribed as the day in the week on which the weekly payments on account of the pension or allowance are to be made, the pension or allowance shall continue to be payable in respect of the days in the week up to, but not including, that prescribed day.

(5) The right to any sum payable by way of pension or allowance shall be extinguished where payment thereof is not obtained within three months or, where in any particular case the Minister so approves, six months from the date on which that sum is receivable under article 6 of these Regulations.

Section 192 of the Act.

192. (1) If it is found at any time that a person has been in receipt of a pension or an allowance during any period during which that person was not entitled thereto, or has been in receipt of a pension or an allowance at a higher rate than that appropriate to the case, then that person or, in case that person is dead, that person's personal representative, shall be liable to pay to the Minister on demand any sums paid to that person in respect of the pension or allowance during such period or, as the case may be, a sum representing the difference between a pension or an allowance at the rate actually paid and a pension or an allowance at the rate appropriate to the case.

(2) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of a pension or an allowance to which the person subsequently becomes entitled.

(3) Every sum paid to, or recovered by, the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(4) This section shall apply with the necessary modifications in the case of a person to whom a pension or an allowance is paid under any of the provisions of Chapter 5A of Part III for or for the benefit of any person.

(5) The power conferred on the Minister by this section to deduct from any payments on account of a pension or an allowance to which a person becomes entitled any sums payable by the person to the Minister under this section may be exercised not withstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to pay to the Minister under this section, and any costs required by such order to be paid to the Minister shall be deemed, for the purposes of this section, to be sums payable by the person to the Minister under this section.

Section 193 of the Act.

193. Where —

(a) in respect of any period unemployment assistance has been paid to a person who, though entitled to a pension or an allowance, is not at that time receiving payments on account thereof, and

(b) the unemployment assistance would not have been paid if that person had then been receiving payment on account of the pension or allowance, and

(c) any sum (in this section referred to as the arrears) accruing in respect of any part of the said period on account of the pension or allowance subsequently becomes payable to that person,

the Minister may reduce the arrears by an amount not exceeding the amount paid by way of unemployment assistance.

Section 194 of the Act.

194. (1) Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to a pension or an allowance, is not at that time receiving payments on account thereof, and

(b) the supplementary allowance is in excess of the amount which would have been granted to that person if he had been receiving payment on account of a pension or an allowance, and

(c) any sum (in this subsection referred to as the arrears) accruing in respect of any part of the said period on account of a pension or an allowance subsequently becomes payable to that person, and

(d) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this subsection referred to as the excess) so paid by the board in excess for the period in respect of which the arrears accrued,

the Minister may reduce the arrears by an amount not exceeding the amount of the excess and shall, in such case, pay to the health board out of moneys provided by the Oireachtas a sum equal to the amount by which the arrears are so reduced.

(2) This section shall extend to a case where any sum becomes subsequently payable on account of an amount payable in respect of a qualified child or qualified children under Chapter 5A of Part III or a pension payable in respect of an orphan on account of whom any such supplementary welfare allowance as is mentioned in subsection (1) has been granted in like manner as to a case where a sum on account of a pension or an allowance becomes subsequently payable to a person to or on account of whom such supplementary welfare allowance has been granted, and shall apply in such a case subject to the necessary modifications.

Subsection (5) of section 300 of the Act.

300. (5) Where an allowance is disallowed or reduced by virtue of a revised decision given by a deciding officer or an appeals officer, such amount as the Minister may direct of any of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.

Section 306 of the Act

306. (1) In assessing damages in any action under the Fatal Injuries Act, 1956 , or Part IV of the Civil Liability Act, 1961 , whether commenced before or after the passing of this Act, there shall not be taken into account any pension.

(2) Subject to sections 68 and 306A, in assessing damages in any action in respect of injury or disease or in computing the amount of compensation under paragraph (1) (a) (ii) of the First Schedule to the Workmen's Compensation Act, 1906, or under Rule 2 or 4 of the Second Schedule to the Workmen's Compensation Act, 1934 , there shall not be taken into account any pension.

GIVEN under the Official Seal of the Minister for Social Welfare this 27th day of October, 1989.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare Act, 1989 provides for the introduction, subject to Regulations, of widower's (non-contributory) pension and deserted husband's allowance schemes to widowers and deserted husbands who have at least one dependent child.

These regulations extend certain provisions of the Social Welfare (Consolidation) Act, 1981 to the new schemes. These provisions deal with a number of administrative matters relating to the making of claims, the method of payments, decisions, appeals, offences, disqualifications, etc.

The regulations also prescribe the conditions in which a man may be regarded as having been deserted by his wife for the purposes of the deserted husband's allowance scheme.