Social Welfare (No. 2) Act 2019

Guardian’s payments - concurrent payment in certain circumstances

13. Section 247 of the Principal Act is amended by the insertion of the following subsections after subsection (2):

“(2A) For the purposes of this Act, where—

(a) a payment is made to or in respect of a person and in respect of a benefit referred to in subsection (1)(a) or any assistance referred to in subsection (1) (b) (whether subsection (1) applies to the payment of such benefit or assistance or otherwise), and

(b) during the same period, the person referred to in paragraph (a) is a person to whom a payment specified in subsection (2B) would be payable to or in respect of an orphan,

nothing in this Act shall prevent the payment of the benefit or assistance referred to in paragraph (a) being paid to a person referred to in that paragraph where, during the same period, that person is a person referred to in paragraph (b) to whom a payment referred to in that paragraph would also be made.

(2B) The payments referred to in subsection (2A)(b) are—

(a) guardian’s payment (contributory),

(b) guardian’s payment (non-contributory), or

(c) death benefit by way of pension under section 83.”.