S.I. No. 47/1992 - District Court (Social Welfare -Contribution Towards Benefit Or Allowance) Rules, 1992

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby with the concurrence of the Minister for Justice, make the following Rules of Court:

1. These Rules may be cited as the District Court (Social Welfare — Contribution towards Benefit or Allowance) Rules, 1992.

2. These Rules shall come into operation on the 23rd day of March, 1992 and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

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

"the Act of 1989" means the Social Welfare Act, 1989 (No. 4 of 1989);

"the Act of 1990" means the Social Welfare Act, 1990 (No. 5 of 1990);

"competent authority" has the meaning assigned to it in section 314 of the Act (as inserted by section 12 of the Act of 1989 and as amended by section 13 and Schedule C of the Act of 1990).

4. (1) An application to the District Court by a competent authority pursuant to section 316 (2) in Part X (inserted by section 12 of the Act of 1989) of the Act may be brought, heard or determined at any sitting of the Court for the transaction of civil business for the court area wherein the respondent (that is to say, the person liable under section 316 (1) of the Act to contribute) ordinarily resides or carries on any profession, business or occupation.

(2) Such application shall be preceded by the issue and service of a notice in the Form No. 1 in the schedule hereto (or such modification thereof as may be appropriate) upon the respondent by prepaid registered post at least twenty-one days prior to the date fixed for the hearing of the application.

(3) The original of every such notice served, together with a statutory declaration as to service thereof and the certificate of posting, shall be lodged with the District Court Clerk at least four days prior to the date of hearing.

5. The order of the Court granting such application shall be in the Form No. 2 in the schedule hereto (or such modification thereof as may be appropriate). The applicant shall cause the said order to be served upon the respondent by prepaid registered post.

SCHEDULE

Social Welfare (Consolidation) Act, 1981 .

section 316 (2)

NOTICE OF APPLICATION FOR AN ORDER FOR PAYMENT OF A CONTRIBUTION TOWARDS A BENEFIT OR ALLOWANCE.

WHEREAS under the above-named Act a †

at the rate of £   per week * (increased by the sum of £   per week in respect of        ............................................................ ......................................................*a child *children with the meaning of section 315 of the said Act) is being paid by the above-named applicant to a recipient, namely, ............................................................ ............................................................ ............................

of ............................................................ ............................................................ .......................................

AND WHEREAS the applicant claims that you, the above-named respondent, of ............................................................ ....................................... in court area and district aforesaid, are the person liable to maintain the said recipient *(and the said *child *children), and that you are liable under section 316 (1) of the said Act to contribute to the applicant the sum of £    per week towards such *benefit *allowance.

AND WHEREAS the applicant claims that you have failed or neglected to so contribute, application having been made to you to make such contribution,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at ............................................. on the  day of   19 , at  a.m./p.m. for an order directing you to make such contribution towards the *benefit *allowance.

† State whether deserted wife's benefit, deserted wife's allowance, lone parent's allowance or supplementary welfare allowance.

* Delete words which are inapplicable.

Social Welfare (Consolidation) Act, 1981 .

Section 316 (4).

ORDER DIRECTING PAYMENT OF CONTRIBUTION TOWARDS *BENEFIT *ALLOWANCE.

UPON HEARING AN APPLICATION made to this Court by the above-named applicant for an order under section 316 (4) of the above-mentioned Act directing the above-named respondent, of ........................................... in court area and district aforesaid, to make a contribution of £     per week towards a †      at the rate of £    per week * (increased by the sum of £    per week in respect of ............................................................ ....................................... *a child *children within the meaning of section 315 of the said Act which is being paid by the applicant to a recipient, namely, ................................ of ..................................., the respondent being the person liable to maintain the said recipient *(and the said *child *children)),

THE COURT being satisfied that notice of the application was duly served upon the respondent,

having heard the evidence tendered by or on behalf of the applicant *(and the respondent),

being satisfied that the respondent, being the person liable to maintain the said receipient *(and the said *child *children), is the person liable under section 316 (1) of the said Act to make a contribution to the applicant towards the said *benefit *allowance,

and being satisfied that the respondent has *failed *neglected to make such contribution and that the respondent is able to contribute to the *benefit *allowance granted,

HEREBY FIXES the amount of the contribution to be made by the respondent at the sum of £   per week,

AND HEREBY DIRECTS that the respondent do pay that contribution to the applicant by way of weekly payments of £   , the first of such

*(on the seventh day after service of this order upon respondent).

Dated this          day of

19   ,

† State whether deserted wife's benefit, deserted wife's allowance, lone parent's allowance or supplementary welfare allowance.

*Delete words which are inapplicable.

GIVEN this 9th day of September, 1991.

PETER SMITHWICK, Chairman,

JOHN P. CLIFFORD,

GERARD P. GRIFFIN,

P. J. BRENNAN,

SEÁN McMULLIN,

JOHN GARAVAN,

SÉAMUS S. Ó CATHASAIGH.

I concur in the making of the foregoing Rules of Court.

Dated this 6th day of March, 1992.

PÁDRAIG FLYNN,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 23 March 1992, prescribe the procedure to be followed and the forms to be used in relation to an application by a competent authority to the District Court under section 316 (2) of the Social Welfare (Consolidation) Act, 1981 for an order against a person liable to contribute (under section 316 (1)) directing that person to make a contribution towards a — deserted wife's benefit, deserted wife's allowance, lone parent's allowance, or a supplementary welfare allowance, being paid by the authority to a recipient whom, or in respect of any child whom, that person is liable to maintain. For the purposes of such application and order, the competent authority is the Minister for Social Welfare or, where they relate to a supplementary welfare allowance, the relevant Health Board.