Social Welfare Act, 1992

Family income supplement (treating claims as having been made on a date earlier than date of receipt of claim).

50.—(1) The Principal Act is hereby amended by the insertion after section 232F (inserted by section 13 of the Social Welfare Act, 1984 , and amended by section 39 ) of the following section:

Receipt of claims.

232G.—(1) Regulations may provide for treating a claim for family income supplement as having been made on a date earlier than the date on which it is received, where it appears to the Minister that the claimant would have satisfied the conditions for entitlement to family income supplement during that period, but for the receipt by that person of unemployment benefit or unemployment assistance.

(2) Where—

(a) in respect of any period any unemployment benefit or unemployment assistance has been paid to or in respect of a person who, though entitled to family income supplement by virtue of subsection (1), is not in receipt of such supplement, and

(b) such benefit or assistance is in excess of the amount which would have been granted to that person if he had been in receipt of family income supplement,

the Minister may reduce any such supplement which is or may become payable to such person by the amount of the excess and such amount shall be treated as having been paid on account of the family income supplement.”.

(2) Section 130 (inserted by section 43 of the Act of 1991) of the Principal Act is hereby amended by the substitution for subsection (6) of the following subsection:

“(6) Where, but for this subsection, family income supplement and—

(a) unemployment benefit, or

(b) retirement pension, or

(c) unemployment assistance, or

(d) pre-retirement allowance,

would be payable to or in respect of a person in respect of the same period, only one shall be paid.”.