S.I. No. 227/1970 - Social Welfare (Deserted Wife's Allowance) Regulations, 1970.

S.I. No. 227 of 1970.

SOCIAL WELFARE (DESERTED WIFE'S ALLOWANCE) REGULATIONS, 1970.

The Minister for Social Welfare in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952) and sections 21 and 22 of the Social Welfare Act, 1970 (No. 12 of 1970), hereby makes the following Regulations:—

PART IGENERAL

1 Short Title.

1. These Regulations may be cited as the Social Welfare (Deserted Wife's Allowance) Regulations, 1970.

2 Commencement.

2. These Regulations shall come into operation on the 1st day of October, 1970.

3 Interpretation.

3. In these Regulations unless the context otherwise requires—

" the Act of 1952 " means the Social Welfare Act, 1952 ;

" the Act of 1970 " means the Social Welfare Act, 1970 ;

" allowance " means a deserted wife's allowance payable under section 22 of the Act of 1970;

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

" the appropriate post office " means the post office at which an allowance is payable in any particular case;

" beneficiary " means a woman entitled to an allowance;

" claimant " means a woman who has made a claim for an allowance or who could properly make such a claim if she were able to act;

" an increase of allowance " means an increase of an allowance in respect of a qualified child;

" the Minister " means the Minister for Social Welfare.

4 Desertion.

4. (1) A woman is to be regarded for the purposes of section 22 of the Act of 1970 as having been deserted by her husband if—

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

(b) her husband wilfully refuses or neglects to contribute to the support and maintenance of her and her children, and

(c) she has made and continues to make reasonable efforts within the means available to her to trace her husband's whereabouts and to prevail on him to resume living with her or to contribute to the support and maintenance of her and her children,

(d) her husband has not resumed living or cohabiting with her.

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

5 Means.

5. (1) The means of a claimant or beneficiary shall be calculated in accordance with the rules for the time being contained in the Seventh Schedule to the Act of 1952 as if her husband were dead and she were an applicant for a widow's (non-contributory) pension.

(2) The means of a claimant or beneficiary shall not exceed the means which would entitle her, if her husband were dead, to a widow's (non-contributory) pension.

6 Condition as to residence.

6. A claimant shall not be granted an allowance unless she has during any period of two years been resident in the State.

7 Disqualification arising from cohabitation.

7. A woman shall be disqualified for receiving an allowance if and so long as she and any person are cohabiting as man and wife.

8 Application of Act of 1952.

8. (1) The following provisions of the act of 1952 shall apply to an allowance:—

Sections 2 (2), 29, 31, 32, 33, 41, 42, 43, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 62 and 63.

(2) In the application of the said provisions—

(a) any reference to " benefit " shall be construed as including an allowance,

(b) any reference to the Act of 1952 shall be construed as including section 22 of the Act of 1970, and

(c) any reference to " the Fund " shall be construed as a reference to the Minister.

(3) In the application of section 46 of the said Act, in any case in which an allowance is by virtue of a revised decision given by a deciding officer or an appeals officer disallowed or reduced, 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.

PART IICLAIMS AND PAYMENTS

9 Claims to be made to the Minister.

9. Every claim for an allowance (including an increase of 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 of the particular case or class of case.

10 Information to be given when making a claim for allowance.

10. Every person who makes a claim for 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.

11 Time and manner of payment of allowances.

11. (1) An allowance shall be paid weekly in advance on the Thursday of each week by means of an allowance order entitled " Social Assistance Allowance " payable to the beneficiary, at such post office as the Minister, after enquiry from her, may from time to time determine.

(2) Where an allowance is payable the Minister shall—

(a) cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, a beneficiary may obtain, either through the postmaster of the appropriate post office, or otherwise, a book of allowance orders, and

(b) notify the beneficiary of the arrangements so made.

(3) The Minister shall arrange for the issue to every beneficiary, whether by the postmaster at the appropriate post office or otherwise, of a fresh book of allowance orders on the expiration of the previous book.

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

(5) Where an allowance ceases to be payable as from and including a day of the week other than Thursday, the 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 allowance orders issued to any person shall remain the property of the Minister.

(7) Any person having a book of allowance orders or any unpaid allowance order shall, on the termination of the allowance to which such book or order relates or when requested by the Minister, deliver such book or order to the Minister or to such person as he 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 an allowance otherwise than weekly in advance or otherwise than by means of allowance orders payable to the beneficiary.

12 Prescribed time for claiming allowance.

12. (1) The prescribed time for making a claim for 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 allowance.

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

13 Extinguishment of right to allowance not obtained within the prescribed time.

13. The right to any sum payable by way of 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 II of these Regulations.

14 Information to be given when obtaining payment of allowance.

14. Every beneficiary and every person by whom or on whose behalf an allowance 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 allowance or to the receipt thereof as the Minister may require and in particular shall notify the Minister of any change of circumstances which such beneficiary or person might reasonably be expected to know might affect the right to an allowance, or to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.

15 Persons unable to act.

15. (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 such claimant or beneficiary may be entitled to exercise in relation to an allowance.

(2) The following provisions shall apply to every appointment made by the Minister under this article of a person to act on behalf of a claimant or beneficiary:—

(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 to act for a claimant or beneficiary may exercise on behalf of such claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise in relation to an allowance and may receive and deal with any sum payable by way of an allowance on behalf of such claimant or beneficiary.

(4) Anything required to be done to a claimant or beneficiary in relation to 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 for such claimant or beneficiary.

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

16 Payments on death.

16. (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 an allowance in the name of such claimant or beneficiary.

(2) On the death of a beneficiary, any sum payable in respect of 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.

(c) If the beneficiary or any child of hers is illegitimate any person who in the opinion of the Minister would have been entitled to the said sum if the beneficiary or such child had been legitimate may, for the purposes of the preceding paragraph, be treated as a person beneficially entitled thereto.

(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 or 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.

17 Offences.

17. A person who fails to comply with sub-article 7 of article 11 or article 14 of these Regulations shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, to a fine not exceeding ten pounds for each day on which the offence is continued.

GIVEN under the Official Seal of the Minister for Social Welfare this 29th

day of September, 1970.

JOSEPH BRENNAN,

Minister for Social Welfare.

The Minister for Posts and Telegraphs hereby consents to the making of the foregoing Regulations so far as they relate to the payment of allowances through the Post Offices.

GIVEN under the Official Seal of the Minister for Posts and Telegraphs

this 29th Day of September, 1970.

L. Ó RÉAGÁIN,

Assistant Secretary,

Department of Posts and Telegraphs.

A person authorised by the Minister for Posts and Telegraphs

pursuant to section 15 of the Ministers and Secretaries

Act 1924 to authenticate the Seal of the said Minister.

EXPLANATORY NOTE.

The Social Welfare Act, 1970 (No. 12 of 1970) makes provision for the payment subject to Regulations of allowances to women who have been deserted by their husbands. These Regulations prescribe the circumstances in which a woman may be regarded as deserted by her husband and apply to the allowance conditions as to the calculation of means, residence, etc. which equate them to widows' (non-contributory) pensions payable under the Widows' and Orphans' Pensions Acts, 1935 to 1970. These Regulations also extend to the allowances the relevant provisions of the Social Welfare Act, 1952 and the Regulations made thereunder. The effect is to apply to the allowance the normal administrative machinery of the department in relation to such matters as claims, payments, decisions, appeals, prosecutions, etc. The Regulations provide that the allowances are payable weekly in advance on the Thursday of each week, payment normally being made by means of allowance orders payable at the Post Office specified by the beneficiary. In addition the allowance is not payable for periods less than one week. The time for claiming an allowance is prescribed as the three months from the date on which the woman would become entitled thereto. If an allowance is not claimed within the prescribed time, payment may not be made from any date prior to the date on which the claim is made. The Regulations also provide that the right to any sum payable by way of an allowance is extinguished where payment of the sum is not obtained within three months, or where in any particular case the Minister so approves, six months, from the date on which it becomes payable. Power is given to the Minister to appoint persons to act for a claimant or beneficiary who is unable to act and to dispose of any sum payable in respect of an allowance consequent on the death of a beneficiary.