S.I. No. 228/1970 - Social Welfare (Claims and Payments) (Amendment) Regulations, 1970.

S.I. No. 228 of 1970.

SOCIAL WELFARE (CLAIMS AND PAYMENTS) (AMENDMENT) REGULATIONS, 1970.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 29 of the Social Welfare Act, 1952 (No. 11 of 1952) and section 47 of the said Act (as amended by section 15 of the Social Welfare Act, 1970 (No. 12 of 1970)), hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (Claims and Payments) (Amendment) Regulations, 1970.

(2) These Regulations and the Social Welfare (Claims and Payments) Regulations, 1952 to 1967, may be cited together as the Social Welfare (Claims and Payments) Regulations, 1952 to 1970.

2. In these Regulations—

" the Principal Regulations " means the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 );

"the Regulations of 1960" means the Social Welfare (Claims and Payments) (Amendment) Regulations, 1960 ( S.I. No. 259 of 1960 );

" the Regulations of 1967 " means the Social Welfare (Claims and Payments) (Amendment) Regulations, 1967 ( S.I. No. 85 of 1967 ).

3. Article 3 of the Principal Regulations is hereby amended by:—

( a ) the insertion therein after the definition of " funeral grant " (inserted by the Regulations of 1967) of the following definition:—

"death grant" means death grant payable under section 25B (inserted by section 5 of the Social Welfare Act, 1970 ) of the Act.', and

( b ) the substitution for the definition of " pension " therein of the following definition:—

' " pension " means widow's (contributory) pension, orphan's (contributory) allowance, invalidity pension, retirement pension, old age (contributory) pension or benefit under subsection (3) (inserted by section 11 of the Social Welfare (Miscellaneous Provisions) Act, 1963 ) of section 26 of the Act, as the case may require.'

4. The Principal Regulations are hereby amended by the insertion of the following article after article 6—

"6A (1) Every person to or in respect of whom an insurance card has been issued shall on making a claim for retirement pension forward his insurance card with the claim except where he makes the claim prior to his retirement, in which event, the insurance card should not be surrendered until such time as he shall have retired.

(2) The provisions of sub-article (1) of this Article shall be deemed to have been complied with by a claimant who has lodged his insurance card at the local office in connection with a claim to unemployment benefit or unemployment assistance or in any other circumstances.

(3) In this article the expression " insurance card " does not include an arrears card or an emergency card within the meaning of the Social Welfare (Collection of Contributions) Regulations, 1967 ( S.I. No. 90 of 1967 ).".

5. Article 7 of the Principal Regulations (as amended by the Regulations of 1967) is hereby further amended by the insertion in sub-articles (1) and (2) after the words "disability benefit" in each place where they occur, of the words " death grant,".

6. Article 8 of the Principal Regulations is hereby amended by—

( a ) the substitution for sub-article (1) of the following subarticle—

"(1) ( a ) Invalidity pension and retirement pension shall be paid weekly in advance on the Thursday of each week by means of pension orders payable in each case to the pensioner, at such post office as the Minister, after enquiry from the pensioner, may from time to time determine.

( b ) Pension, other than invalidity pension and retirement pension, shall be paid weekly in advance on the Friday of each week by means of pension orders payable in each case to the pensioner, at such post office as the Minister, after enquiry from the pensioner, may from time to time determine."

( b ) the substitution for sub-articles (4) and (5) of the following sub-articles—

"(4) ( a ) Where by reason of any provision of the Act or of these regulations the day as from which payment of an invalidity pension or a retirement pension would commence, or as from which a change in the rate of payment of such a pension would take effect, is a day of the week other than a Thursday, payment of the pension shall commence only, or the change in the rate of payment of the pension shall take effect only, as from and including the next Thursday.

( b ) Where by reason of any provision of the Act or of these regulations the day as from which payment of a pension, other than invalidity pension or retirement pension, would commence, or as from which a change in the rate of payment of such a pension would take effect, is a day of the week other than a Friday, payment of the pension shall commence only, or the change in the rate of payment of the pension shall take effect only, as from and including the next Friday.

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

( b ) Where any other pension would cease to be payable as from and including a day of the week other than Friday, the pension shall continue to be payable in respect of the days of the week up to but not including the next Friday.".

7. Article 9 of the Principal Regulations is hereby amended by—

( a ) the insertion in paragraph (d) of sub-article (1) after the words " other than old age (contributory) pension " (inserted by the Regulations of 1960) of the words " retirement pension or invalidity pension ",

( b ) the substitution for paragraph (e) (inserted by the Regulations of 1960) of sub-article (1) of the following paragraphs—

" (e) in the case of old age (contributory) pension, invalidity pension and retirement pension, the period commencing three months before and ending three months after the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto provided that a person who has claimed and been awarded retirement pension before reaching the age of 70 years may be deemed to have made a claim for old age (contributory) pension within the prescribed time if he has indicated his wish to so claim on his claim for retirement pension;

( f ) in the case of death grant, three months from the date of death of the deceased.".

( c ) the insertion in paragraph (2) (A) (inserted by the Social Welfare (Claims and Payments) (Amendment) Regulations, 1956 ( S.I. No. 85 of 1956 ) after the words "marriage benefit " of the words " death grant ".

8. Article 10 of the Principal Regulations is hereby amended by the insertion in sub-article (1) of the words "death grant," before the words " marriage benefit " where these words occur.

9. The following article is hereby inserted in the Principal Regulations after article 17A (inserted by the Regulations of 1967):—

" 17B—(1) Article 17 of these Regulations shall not apply to death grant.

(2) A claim for death grant may be made by the personal representative of the deceased or, where there is no personal representative, by the husband or wife or any of the next-of-kin of the deceased or by any other person claiming to be entitled thereto.

(3) Any sum payable in respect of death grant may be paid, without probate or other proof or title of the personal representative of the deceased, by the Minister to such person as appears to him to be entitled thereto under any testamentary instrument or as husband or wife or as next-of-kin, or as being the person who has been responsible for the payment in whole or in part of the deceased's funeral expenses or, in the case of the illegitimacy of the deceased person or any child of his, as being a person who would have been entitled thereto if the deceased person or such child had been legitimate.

(4) 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 and the Social Insurance Fund for any sum so paid.

(5) The Minister, upon making a payment in accordance with this article, shall be discharged from all liability in respect of any sum so paid but such payment shall be without prejudice to the right which any person may have in respect of any sum so paid against any person receiving that sum.".

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 Telegraph hereby consents to the making of the foregoing Regulations so far as they in effect relate to the payment of pensions through the Post Office.

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

this 29th day of September, 1970.

L. Ó REAGÁIN.

A person authorized 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.

These Regulations extend to death grants, invalidity pension and retirement pension the relevant provisions of the Social Welfare (Claims and Payments) Regulations, 1952 to 1967.

The Regulations provide that death grant normally be payable by cheque posted to the residence of the beneficiary and that retirement pension and invalidity pension normally be payable weekly in advance on the Thursday of each week by means of pension orders payable at the Post Office specified by the pensioner. In addition pension is not payable for periods of less than a week. The time for claiming death grants is prescribed as the period three months after the date of death and for invalidity pension and retirement pension as the period commencing three months before and ending three months after the date on which, apart from making a claim, the claimant becomes entitled to pension. If death grant is not claimed within the prescribed time, the grant will normally not be paid. If pension is not claimed within the prescribed time, payment may be disallowed for any period more than three months before the date on which the claim is made. The Regulations also provide that the right to any sum payable by way of pension 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. Finally, these Regulations specify who may make a claim for death grant and to whom the grant may be paid.